231 - Prevailing wage. - New York Statutes

§ 231. Prevailing wage. 1. Every contractor shall pay a service employee under a contract for building service work a wage of not less than the prevailing wage in the locality for the craft, trade or occupation of the service employee. 2. The obligation of a contractor to pay prevailing supplements may be discharged by furnishing any equivalent combinations of fringe benefits or by making equivalent or differential payments in cash under rules and regulations established by the fiscal officer. 3. Each contract for building service work shall contain as part of the specifications thereof a schedule of the wages required to be paid to the various classes of service employees on such work, and each such contract shall further contain a provision obligating the contractor to pay each employee on such work not less than the wage specified for his craft, trade or occupation in such schedule. 4. The public agency, or appropriate officer or agent thereof, whose responsibility it is to prepare or direct the preparation of the plans and specifications for a contract for building service work, shall ascertain from such plans and specifications the classifications of employees to be employed on such work and shall file a list of such classifications with the fiscal officer, together with a statement of the work to be performed. The fiscal officer shall determine the crafts, trades and occupations required for such work and shall make a determination of the wages required to be paid in the locality for each such craft, trade or occupation. A schedule of such wages shall be annexed to and form a part of the specifications for the contract prior to the time of the advertisement for bids on such contract and shall constitute the schedule of wages referred to in subdivision three of this section. * 5. Upon the award of a contract for building service work by a public agency other than a city, the contracting public agency shall immediately furnish to the commissioner: (a) the name and address of the contractor to whom the contract was awarded; (b) the date when the contract was awarded; and (c) the approximate consideration stipulated for in the contract. * NB Effective until October 27, 2012 * 5. Upon the award of a contract for building service work by a public agency other than a city, the contracting public agency shall immediately furnish to the industrial commissioner: (a) the name and address of the contractor to whom the contract was awarded; (b) the date when the contract was awarded; and (c) the approximate consideration stipulated for in the contract. * NB Effective October 27, 2012 6. No later than the first day upon which work on said contract is performed by any employee, the contractor shall post in a prominent and accessible place on the site of the work a legible statement of the wages to be paid to the workmen employed thereon. 7. (a) An apprentice in a craft or trade may be permitted to work at a wage lower than that established for the journeymen in such craft or trade only if all of the following conditions have been met: (1) such apprentice has been individually registered in an apprenticeship program which is duly registered with the industrial commissioner in conformity with the provisions of article twenty-three of this chapter; (2) such apprentice's registration occurred prior to his employment as an apprentice on such service work; and (3) written proof of such individual registration is submitted to the contracting public agency prior to such apprentice's employment as anapprentice. The proof submitted shall include evidence of the appropriate ratios and apprentice's wage rates. (b) In no event shall the ratio of apprentices to journeymen employed on such service work be greater than the lesser of the following ratios: (1) the ratio permitted in the apprenticeship program approved by the industrial commissioner; or (2) the ratio prevailing in the locality where the service work will be performed. (c) The rate of wages established for apprentices shall be the prevailing rate as determined in accordance with this article.