New York has no minimum dollar threshold for public works prevailing wage. All government-funded construction must pay prevailing wages. Since 2022, certain large private projects (over $5M with 30%+ public funding) are also covered. Contractors must register with NYSDOL as of December 30, 2024.
New York has an active prevailing wage law (New York Labor Law Article 8 (Sections 220-220-h)). Administered by New York State Department of Labor, Bureau of Public Work. Certified payroll is required. Federal Davis-Bacon applies to all federal projects.
New York runs one of the most aggressive prevailing wage regimes in the country, and bidders should plan accordingly. Under Labor Law Article 8 (Sections 220-220-h), administered by the NYS Department of Labor's Bureau of Public Work, there is no minimum dollar threshold for public works: every government-funded construction project must pay prevailing wages, so there is no small-job carve-out to estimate around. Since 2022 the reach also extends to certain large private projects, those over $5 million with 30% or more public funding, so review the capital stack on private work before assuming standard rates apply.
Registration is now a gate to bidding. As of December 30, 2024, contractors must be registered with NYSDOL to work on covered projects, so confirm your registration is active before chasing any public bid. Certified payroll is mandatory and scrutinized. New York's penalty structure is severe: underpayment triggers back wages plus a 25% civil penalty and interest, debarment from public contracts for up to five years, and possible criminal prosecution, and workers can sue civilly. Misclassification across trade titles is the most common and costly error, so price every classification to the correct Bureau of Public Work schedule for the project's county.
On federally funded work, Davis-Bacon applies in addition to Article 8, and you must pay the higher rate for each trade. Pull both schedules during the estimate. Because the 25% penalty and multi-year debarment dwarf any single job's margin, treat rate accuracy, fringe compliance, and active registration as non-negotiable bid prerequisites in New York.
The federal Davis-Bacon Act applies to all federally funded or federally assisted construction contracts over $2,000 in New York. This includes projects funded by federal agencies, FHWA highway projects, HUD housing, and projects receiving federal grants.
Contractors face payment of back wages plus 25% civil penalty, interest, debarment from public contracts for up to 5 years, and potential criminal prosecution. Workers may file civil lawsuits.
Effective December 30, 2024, all contractors performing public works or Article 8-covered work must register with NYSDOL. Private project coverage expanded in 2022.