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.
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.