Comptroller Stringer to MTA: Subway Cleaners Are Owed Prevailing Wage

(New York, NY) – New York City Comptroller Scott M. Stringer today sent a letter to MTA Chairman and CEO Patrick J. Foye urging the MTA to ensure that contractors cleaning and disinfecting subway stations and cars are paying their employees prevailing wages and benefits. The Comptroller’s Office has determined that building service employee prevailing wage rates apply to these cleaning contracts and that the contracts do not appear to currently require the payment of prevailing wages and benefits.

The text of the letter is available here and below.

Dear Chair Foye,

It has come to my attention that the New York City Transit Authority (“NYCT”) has contracted with private cleaning companies to perform the important task of cleaning and disinfecting subway stations and trains, but these companies may not be paying their employees prevailing wages and benefits. 

As you know, my office enforces Articles Eight and Nine of the New York State Labor Law for New York City public works and building service contracts.  These laws require payment of prevailing wages and supplements to workers employed on these contracts.

My staff has had the opportunity to review one of NYCT’s cleaning contracts, and it does not appear to require the payment of prevailing wages and benefits, or attach my office’s Building Service Employee Prevailing Wage Schedule.  My office communicated with NYCT about this last week, but has heard nothing back.

Based upon review of the scope of work in the cleaning contract, I have determined that building service prevailing wage rates under Labor Law Article 9 apply.  The cleaners employed on these contracts are performing work that is of great public benefit and importance.

The applicable prevailing wage classification is Building Cleaner and Maintainer (Office) Cleaner/Porter.  Please see our Building Service Prevailing Wage Schedule at www.comptroller.nyc.gov/wages.  We also have determined that the normal overtime rule of time and one half the regular rate for Saturday and Sunday work under this classification does not apply to this contract.

The COVID-19 pandemic is putting tremendous economic strain on New York City’s workforce and vulnerable communities. These workers are risking their own health and that of their families to ensure that New Yorkers – especially our frontline workforce – can use our transit system safely. I urge you to ensure that the contractors providing these cleaning services are paying prevailing wages and benefits to their employees immediately, and if not, to see to it that they provide retroactive pay to them from the time they commenced work on this important public project. 

Sincerely,

Scott M. Stringer
New York City Comptroller

###