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Prevailing Wage

Last updated August 30, 2024

“Prevailing Wage” refers to the wage and benefit rates that apply to construction and building service work performed on New York City government-funded work sites and building service work on properties receiving certain tax benefits from New York State. In addition, under City law, prevailing wage applies to certain additional occupations, such as temporary services and food service work contracted by city agencies. The Office of the New York City Comptroller (OTC), through its Bureau of Labor Law, is mandated by State law to set the prevailing wage and benefit rates for each covered trade and occupation on an annual basis. OTC investigates violations of prevailing wage laws, which may include the failure to pay prevailing wages and benefits, misclassification, and falsification of payroll records. Most cases result in settlements whereby violating employers pay restitution to workers and civil penalties to the city. In egregious cases, OTC can debar violating employers from receiving public contracts for up to five years. The following chart lists all settlements for prevailing wage violations reached under the current administration of Comptroller Brad Lander, from 2022 to the present.

OTC Settlements

Prevailing Wage Violations

Debarred Contractors

In addition to the OTC, other government entities have the power to investigate and debar contractors for violations of prevailing wage laws. This includes the New York State Attorney General, local District Attorneys, and the NYS DOL. The following is a selected list of New York City-based contractors from the list of all debarred contractors (“Debarment List”), maintained by the New York State Department of Labor.

Debarment for Prevailing Wage Violations, for New York City Employers, 2020- 2023

Includes contractors debarred in 2020, 2021, 2022, and 2023 by New York City agencies (New York City Comptroller and borough District Attorneys) along with contractors with New York City addresses debarred by the NYS DOL.
In addition, the US DOL debars contractors for prevailing wage violations. Information about their debarments can be found on Sam.gov.

$242 billion
Aug
2022