Workers’ Rights

“Prevailing wage” refers to the rate of wages and supplemental benefits that must be paid for construction, building services, and certain other types of work on New York City-funded work sites. The prevailing wage rate is different from the state and federal minimum wage and is typically higher.

Prevailing wage and supplement rates are set annually by the New York City Comptroller and are specific to each trade or occupation entitled to receive them. The prevailing wage and supplement rates are published in the Comptroller’s Prevailing Wage Schedules.

Note: Prevailing wage and supplement rates apply to all workers performing work that is covered by prevailing wage laws, regardless of immigration status.

A prevailing wage classification refers to the trade or occupation in the Comptroller’s Prevailing Wage Schedules that corresponds to the work performed on a prevailing wage site. If you have questions about a particular classification, contact the Comptroller’s Bureau of Labor Law at 212-669-4443 or via email at laborlaw@comptroller.nyc.gov or submit an Online Complaint Form.

Employers subject to prevailing wage laws are required to pay employees the prevailing wage rate as well as supplemental benefits. Supplemental benefits, or supplements, are payments other than wages paid by an employer that directly benefit an employee. Supplemental benefits include, but are not limited to, paid vacation or sick leave, medical or dental insurance, retirement accounts or annuities, and apprenticeship training. The employer may meet their obligation to pay supplemental benefits through cash payments in the amounts set forth in the Comptroller’s Prevailing Wage Schedules for that specific classification.

A combination of state statutes and local laws dictate the work that is covered by prevailing wage. Generally, construction on public works projects, such as parks, roads, or schools and building service work for a city agency or in a building receiving tax benefits are covered. The applicable industries and applicable statutes are listed below:

If you are a contractor or subcontractor, and your contract does not specify whether the work is covered by prevailing wage laws, you should contact the Comptroller’s Bureau of Labor Law at 212-669-4443 or via email at laborlaw@comptroller.nyc.gov.  Our team will assist you in identifying whether the project is covered by prevailing wage laws and whether jurisdiction belongs to the city, state, or federal government.

If you are an employee, you may be performing prevailing wage work if your employer hired you for construction, building service, food service, or temporary services through a contract with a New York City agency. In construction, the type of work may include public works such as a city park, school, or street excavation. You may also be entitled to prevailing wage if you perform building services, such as cleaning or concierge work, at a building that is receiving tax exemptions from New York State. If you need help determining whether your work is covered by the prevailing wage laws, you may contact the Comptroller’s Bureau of Labor Law at 212-669-4443 or via email at laborlaw@comptroller.nyc.gov or submit an Online Complaint Form.

Prevailing wage laws exist at the City, State, and Federal levels.

• The Bureau of Labor Law in the New York City Comptroller’s Office enforces prevailing wage laws in New York City.
• The New York State Department of Labor enforces prevailing wage laws for the rest of New York State.
• The United States Department of Labor enforces prevailing wages under the Davis Bacon Act on federally funded projects.

No, supervisory work is not covered by the prevailing wage laws. However, a supervisor who is performing prevailing wage work, such as a working foreman engaged in construction work alongside their crew, may be entitled to prevailing wage.

Offsite work is not covered by prevailing wage laws. Offsite work is work that is not performed on or about the project site or at the building. For example, a worker who constructs materials at a warehouse would not be covered under the prevailing wage law if those materials are then installed at a prevailing wage site.

Knowing whether a project is covered by prevailing wage laws may require further investigation. If  you believe you are not receiving the correct wages or supplements for your work, you may file a complaint with the Bureau of Labor Law.

By law, the Comptroller can only “look back” for a limited period – two years from the date the complaint is filed. For example, the Comptroller’s investigation on a complaint filed on July 5, 2025, can only include a review of wages and benefits going back to July 4, 2023

Prevailing wage rate is based on the work you actually perform, not the work title given by your employer. If your employer classifies and pays you under the wrong title for the work you actually perform, you may be entitled to a higher prevailing wage rate.

Any worker can file a complaint online by filling out the Online Complaint Form. As noted above, prevailing wage laws apply regardless of a worker’s immigration status.

Many different kinds of documents may be helpful for the investigation. Some helpful documents include:

• Pay stubs (showing rate of pay)
• Tax returns
• Texts, emails, or other documented communications with your employer
• Work diaries or timesheets showing days and hours worked
• Photos from your worksite that show what kind of work was performed
• Bank statements showing cashed checks or deposits

These documents may be sent to the Comptroller’s Office electronically or by mail, or you may bring them to the Comptroller’s Office during working hours. Even if you do not have any of the documents listed above, you may still file a complaint if you suspect you may be owed prevailing wages.

Immigration status does not affect a worker’s right to the prevailing wage, and the Comptroller’s Office will not ask about immigration status.

Once we receive a complaint, the Comptroller’s Office will review your case and contact you to conduct a preliminary intake interview via telephone. The Comptroller’s Office then collects documents and records from your employer, the contracting agency, and any other relevant parties to assess whether a prevailing wage violation occurred. Our office may also ask you for more information and documents regarding your work.

After all documents are collected, if there is a determination that a prevailing wage violation occurred, the Comptroller’s Office will calculate underpayment of prevailing wages and supplements, along with any interest or civil penalty amounts.

Once the Comptroller’s Office calculates any underpayment and interest, the employer may be made an offer to settle the matter. If no settlement is reached with the employer the matter will proceed to a hearing before the New York City Office of Administrative Trials and Hearings (OATH).

If there is a settlement agreement or the Comptroller’s Office prevails at the OATH hearing, payments will be issued to all workers who were found to have been underpaid.

Please stay in touch with questions and keep us updated on the best way to reach you.

If you received correspondence from the Comptroller’s Office indicating that you are owed money pursuant to a settlement or a court order, please fill out the following documents and return it back to the Office either by mail using the self-addressed envelope, or in person at 1 Centre Street, Room 651, New York, NY:

• IRS Form W-9
• Notarized Release

If you need to change your address, please use the Change of Address form.

Please contact the Bureau of Labor Law at 212-669-4443 and we will let you know if you are owed money.

If you were included in the investigation, but you did not receive notification because your address has changed, we will ask you to fill out a Proof of Claim form and provide information verifying the address change and your identity.

If you were not included in the investigation, it could be for a number of reasons, including, but not limited to, the investigation was limited to a subset of the workforce, the investigation covered a different time period than the dates of your employment, or the investigation uncovered that you were paid the correct wages.

If you worked for an employer on a prevailing wage project and were underpaid, the Comptroller’s Office may have already recouped money to which you may be entitled. You can search for your name and file a proof of claim here: Are You Owed Money?:Office of the New York City Comptroller Brad Lander

To find out whether your employer has been the subject of a recent investigation please visit our Employer Violations Dashboard.

Any checks issued by the Office of the Comptroller will contain a deduction for payroll taxes. The Bureau of Labor Law is required to report these payments to the Internal Revenue Services (IRS). As a result,  the Comptroller’s Office will send an IRS Form 1099 for tax reporting purposes. If you have questions about your specific tax situation, please consult a tax professional.

Before issuing a check, the Comptroller’s Office conducts a search to determine any outstanding child support. Any outstanding child support will be deducted from the money owed.

After the Bureau of Labor Law receives a W-9 and Notarized Release, we work to quickly process the payment. Processing times may very depending on the number of workers (settlements or an Order with hundreds of workers may take longer). For the status of a payment, you may call the Bureau of Labor Law at 212-669-4443.

No. The Bureau of Labor Law is part of the New York City government and does not charge for its services.

Article 8 of the New York Labor Law covers construction on public works projects. The term “public works” refers to work performed under contract with a New York City agency that primarily involves construction-like labor and is paid for by public funds. This includes a wide range of classifications such as carpentry, plumbing, and painting. All construction worker classifications can be found in the Construction Worker Prevailing Wage Schedule.

Yes. Reconstruction and repair work are covered by the prevailing wage law.

Yes. Prevailing wage rates and ratios for apprentices are published in the Construction Apprentice Prevailing Wage Schedule.

Note: Only apprentices who are individually registered in a bona fide program registered with the New York State Department of Labor to which the employer contractor is a participant may be paid at the apprentice rates. Apprentices who do not meet the above qualifications must be paid as journeypersons for that classification.

Yes. Utility companies and their contractors that are issued permits to use, excavate, or open a street are required to pay prevailing wage rates to workers who excavate, pave, or mill the streets.

Yes. Workers who perform traffic control duty or flagger tasks are covered under Article 8 of the New York Labor Law.

“Traffic control duty” means the tasks necessary or appropriate to alleviate congestion (traffic) by directing the flow of pedestrian and/or vehicular traffic away from the vicinity of the construction site using a sign or flag. These workers are on, adjacent to, or in close proximity to the construction site while performing traffic control duty.

“Flaggers,” meaning, workers who perform tasks relating to the protection of the public and/or work crew, including but not limited to erecting traffic cones, setting up construction site barriers, and directing the movement of trucks or construction equipment entering and exiting the site, are also covered under Article 8 of the New York Labor Law. For additional guidance, please consult the Comptroller’s Prevailing Wage Memorandum on Flag Persons.

Article 9 of the New York Labor Law covers workers that provide non-construction, building service work under a contract with a New York City agency. The primary purpose of the contract with the agency must be to provide for the care and maintenance of an existing building. Covered work includes, but is not limited to, work performed as a doorperson, building cleaner, porter, handyperson, janitor, and security guard.  A full list of covered job classifications may be found in the Building Service Employee Schedule.

No. The work can be performed in either a public or private building. Under Article 9 of the New York Labor Law, prevailing wage applies to work in private buildings if the work is performed pursuant to a contract for service work with public agency.

New York State Real Property Tax Law Sections 421-a, 467-a, 467-m, and 485-x are state programs that provide tax benefits to buildings that meet certain criteria. For example, the 421-a program covers new rental buildings with affordable housing units, while the 467-a program applies to certain cooperative or condominium buildings. Buildings that receive tax breaks through these tax programs are required to pay prevailing wage and supplements to the building service workers employed at the building.

The Comptroller’s Office maintains a list of covered buildings here. This list of buildings is for informational purposes only. The presence or absence of a building on this list is not determinative. If you believe you are entitled to prevailing wages, contact the Bureau of Labor Law at (212) 669-4443 or laborlaw@comptroller.nyc.gov.

Only building service employees at buildings participating in tax programs are entitled to prevailing wages and benefits. Covered job titles include, but are not limited to, doorperson, building cleaner, porter, handyperson, janitor, and security guards. A full list of covered job titles and relevant wages and benefits can be found in the Building Services Prevailing Wage Schedule available here: Wage Schedules : Office of the New York City Comptroller Brad Lander (nyc.gov). To qualify, these building service employees must also regularly work eight or more hours per week at the building.

A superintendent (resident manager) at a building receiving one of the covered tax breaks is typically covered by the prevailing wage schedule under the “Residential Building Handyperson” job title. If you are a superintendent (resident manager) and are not sure if you are receiving the prevailing wage, please fill out the online prevailing wage complaint form so that our Bureau can investigate a potential prevailing wage violation.

Under Section 6-130 of the New York City Administrative Code, building care and maintenance employees are entitled to receive the prevailing wage if they perform building service work at a property where the city leases space in connection with a city development project, a preservation project, or if the developer receives financial assistance from the NYC government.

Covered developers and lessors are required to post and provide notice of the wages, benefits, and other protections to which workers are entitled. The City is required to maintain a public,  updated list of covered landlords and financial assistance recipients subject to this prevailing wage requirement, which may be found here: https://www.nyc.gov/site/operations/about/living-wage-and-prevailing-wage.page.

It is a violation of Section 6-130 of the NYC Administrative Code for an employer to discriminate or retaliate against any building service employee who makes a claim that they are owed prevailing wages or otherwise seeks information or enforcement of their rights.

Pursuant to Section 6-130 of the NYC Administrative Code, a worker may file a civil action for prevailing wages or wrongful termination. However, a worker cannot simultaneously pursue both a complaint with the Comptroller or Mayor and a civil action.

Workers employed by contractors or subcontractors who provide building services, food services, or temporary services on city contracts are entitled to receive the prevailing wage rate under NYC Administrative Code Section 6-109. For building services, this includes, but is not limited to, roles such as handypersons, forepersons, porters, elevator operators, exterminators, and security guards. For food services, this includes, but is not limited to, roles such as cooks, dishwashers, and cafeteria attendants. For temporary services, this includes, but is not limited to, roles such as cashiers, file clerks, paralegals, and secretaries.

A full list of covered job titles is available on the NYC Service Contractor Schedule for the relevant time period. All schedules can be found here: Wage Schedules : Office of the New York City Comptroller Brad Lander (nyc.gov).

Further, workers employed as fire guards or security guards by shelter operators or their subcontractors under a contract with the Department of Homeless Services are entitled to receive the prevailing wage rate under Section 6-109.1 of the NYC Administrative Code. You can find the wage rate for fire or security guards in the Building Service Employee Schedule. All schedules can be found here: Wage Schedules : Office of the New York City Comptroller Brad Lander (nyc.gov).

Yes. Temporary Services under Section 6-109 of the NYC Administrative Code refers to workers who are employed by a temporary service, staffing, employment agency, or similar contractor to do work on a contract with a city agency. As long as you are employed by the contractor and not directly by the agency, you are considered a temporary worker for the purposes of receiving the prevailing wage rate.

Section 6-109 of the Administrative Code divides eligible workers into two categories: those who are entitled to prevailing wage, and those who are entitled to living wage. Workers employed by contractors or subcontractors who provide building services, food services, or temporary office services on city contracts are entitled to receive the prevailing wage rate.  

Workers employed by contractors or subcontractors who provide homecare services, daycare services, head start services, or services to persons with cerebral palsy on a city contract are entitled to receive the living wage for each hour worked. The living wage under the statute is capped at $10 per hour. The state set minimum wage is $16.50 per hour in New York City as of 2025, so the “living wage” is now functionally obsolete in most circumstances.

You can find job title and wage rates here in the NYC Service Contractor Schedule for the relevant time period. All schedules can be found here: Wage Schedules : Office of the New York City Comptroller Brad Lander (nyc.gov).

Yes. Whether you are entitled to prevailing wage depends on the work you perform, not your workplace title. Even if your title does not match the prevailing wage schedule, your employer may be required to pay you prevailing wages if you are performing similar work. For example, if your title is “office manager” but you perform work akin to a secretary under a city contract, you may be entitled to receive the prevailing wage. If you are unsure whether you may be entitled to prevailing wage, please contact the Bureau of Labor Law at (212) 669-4443 or laborlaw@comptroller.nyc.gov.

Contracts with any New York City agency or entity for construction work, building service work, temporary services, food services, paving and milling work are typically subject to prevailing wage. If you are unsure whether a bid with the city agency is subject to prevailing wage, please contact the Agency Chief Contracting Officer and ask them to confirm with the Comptroller’s Office. If you have already been awarded a contract, you may reach out to laborlaw@comptroller.nyc.gov for prevailing wage compliance questions.

Note that even if your contract with the agency does not reference prevailing wage or fails to include a prevailing wage schedule, contractors are charged with knowing the prevailing wage laws, meaning an employer must be familiar with the type of work that is subject to prevailing wage and the current rates.

Prevailing wage classifications are determined by the work performed, not merely by titles assigned to workers by a contracting agency or city contract. If you are still in the procurement stage preparing a bid, please contact the Agency Chief Contracting Officer and ask them to confirm with the Comptroller’s Office for the proper prevailing wage title under the bid. If you have already been awarded a contract, you may reach out to laborlaw@comptroller.nyc.gov to confirm the appropriate prevailing wage title for your employees.

You may check the Comptroller’s website for a list of covered buildings under the various applicable laws.

A variety of bona fide fringe benefits that directly benefit workers can count toward prevailing wage. Examples include funding retirement plans or health insurance plans, life insurance and disability insurance, and vacation funds. Supplemental benefits can also be provided in the form of cash. Providing an apartment unit to a building service employee, such as a porter or superintendent, to reside in no longer discharges or satisfies the obligation to pay the employee a supplemental benefit as of April 2025 pursuant to regulations issued by the Department of Housing Preservation and Development.

Yes. If you are the successor owner of an ongoing prevailing wage contract, the Comptroller may withhold funds from you for prevailing wage violations of your predecessor. You will also be liable for any ongoing violations after the company transferred to your ownership, even if you are unaware of them.

Yes. While agreements with your workers’ union may require higher wages or additional benefits beyond what is required by the prevailing wage schedule, union agreements cannot deviate below the prevailing wage for covered work. If you are working on a New York City public works project awarded pursuant to a Project Labor Agreement, the Comptroller’s prevailing wage rates and classifications remain applicable, and the Comptroller will also enforce shift, premium, overtime, and other non-standard rates as they appear in the project’s pre-negotiated labor agreement.

All employers covered by prevailing wage, living wage, and minimum average hourly wage requirements must maintain the following records for six years after covered work is performed, preserve the records immediately when notified by the Bureau of Labor Law of a compliance investigation, and produce true copies of all such records within the time requested by the Comptroller’s Office after notice of the right to counsel:

1. Contracts and subcontracts;
2. Certified payroll reports;
3. Daily sign-in logs;
4. Weekly payroll records, registers, or journals;
5. Pay stubs or wage statements;
6. All documents and records concerning the cost of bona fide fringe benefits provided to covered workers, including not limited to invoices, account statements, benefits remittance reports, and benefits plan descriptions; and
7. All federal and state employment tax returns and filings.

A certified payroll report (CPR) is a weekly payroll record in the form provided on the Comptroller's website. A weekly CPR must be maintained for each project, contract, or building on which the employer performs prevailing wage work. The CPR must set forth the names, addresses, and trade classifications for all covered workers employed by the employer on the project, contract, or building, as well as the hours and days of covered work, the hourly wage and supplement rates, and the weekly gross and net pay amounts for each covered worker. The CPR must be signed and affirmed to be true under penalties of perjury by an officer or principal of the employer.

A daily sign-in sheet is a daily attendance record in the form provided on the Comptroller’s website. A daily sign-in sheet must be maintained for each project, contract, or building on which the employer performs prevailing wage work. The daily sign-in log must set forth the names, trade classifications, and daily start and end times of covered work. The logs must be signed and affirmed to be true under penalties of perjury by an officer or principal of the employer.

Contractors and subcontractors on construction-like work funded by the public must specify the applicable trade classifications and prevailing wage and benefit rates for their covered employees on their pay stubs/wage statements or otherwise face penalties depending on the number of violations. If the required information will not fit, an accompanying sheet or attachment with the applicable trade classifications and prevailing wage and benefit rates will suffice.

Contractors and subcontractors on construction-like work funded by the public that provide fringe benefits to their employees (as opposed to wage supplements) must provide written notices with benefit plan information to those employees at the time of hiring, and seven days before any change in benefits. The notices must identify the type of benefits (such as pension or healthcare) provided, the hourly rate claimed for each benefit, the benefit plan provider and how to obtain a copy of its agreement. Employees must acknowledge receipt of this notice in writing, in their primary language, which the employer must keep for six years. Every weekly pay stub must identify the type of benefits provided and the hourly rate claimed for each benefit. Employers may instead provide the same written benefit plan notice with every weekly pay stub. Employers are also required to submit the benefit plan notice with every certified payroll report.

If a covered employer failed to keep or provide required records to the Comptroller’s Office in a timely manner, the Comptroller is permitted to calculate underpayments of prevailing wages and/or supplements owed to covered workers by using the best available evidence. In such case, the amount and extent of underpayment is a matter of reasonable inference and may be based on the statements of covered workers.

All employers covered by prevailing wage and living wage requirements must post the Prevailing Wage/Living Wage Worker Notice along with wage schedules for all applicable trade classifications in a conspicuous manner at each covered job site or  face various penalties depending on the number of violations. In addition, contractors and subcontractors on public work projects must distribute the Prevailing Wage/Living Wage Worker Notice, along with prevailing wage schedules for all applicable trade classifications to all covered employees at the beginning of the performance of each public work contract, and with each covered employee’s first paycheck after July 1 of each year. The Prevailing Wage/Living Wage Worker Notice can be downloaded from the Comptroller’s website.

Contractors and subcontractors on construction-like work funded by the public must also post the Construction Poster in a prominent and accessible place at each work site or otherwise face various penalties depending on the number of violations. The Construction Poster is two feet in height and two feet in width, with the heading “Prevailing Rate of Wages” in lettering no smaller than two inches in height and two inches in width. The Construction Poster must attach prevailing wage schedules for all applicable trade classifications and must be constructed of materials capable of withstanding adverse weather conditions. The Construction Poster can be downloaded from the Comptroller’s website.

All employers covered by minimum average hourly wage requirements must post the Minimum Average Hourly Wage Worker Notice Poster in a conspicuous manner at each covered job site. The Minimum Average Hourly Wage Worker Notice Poster can be downloaded from the Comptroller's website.

All Prevailing Wage and Living Wage Schedules can be found on the Comptroller’s website at https://comptroller.nyc.gov/services/for-the-public/workers-rights/wage-schedules.