What's happening
This bill requires prevailing wage rates for workers involved in off-site custom fabrication for public works projects in New York.
Why it matters
Expands prevailing wage protections to off-site custom fabrication workers. , ensuring that individuals who create project-specific materials (like cabinets, ductwork, and mechanical systems) for public works receive the same wage rates as on-site workers.
Closes a loophole that allowed contractors to avoid paying prevailing wages for off-site work. , addressing concerns that some public projects were undercutting labor standards by moving fabrication off-site.
Requires stricter payroll documentation and transparency. , mandating contractors who use off-site custom fabrication to submit certified payrolls to public agencies at least once every 30 days, helping with enforcement and compliance.
Redefines "material supplier" to exclude those engaged in custom fabrication and drafting. , which clarifies that these workers are entitled to prevailing wages rather than being classified as mere suppliers, who were previously exempt.
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Who cares
Headline styles
Prevailing Wage for Off-Site Work
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to labor
- Referred to labor
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Prevailing Wage for Off-Site Work
In Senate Committee · Labor · Sponsor Diane J. Savino
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8071
2017-2018 Regular Sessions
IN ASSEMBLY
May 25, 2017
Introduced by M. of A. ABBATE, BRINDISI -- read once and referred to the Committee on Labor
AN ACT to amend the labor law, in relation to inclusion of certain offsite custom fabrication as public work for the purposes of payment of prevailing wage
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Legislative findings and intent. The legislature finds and declares that the prevailing wage law was established to provide fair and equitable working conditions, wages and supplementary benefits for persons employed on public works construction projects.
The legislature further finds and declares that there are a growing number of instances where materials are fabricated off the public work job site either to meet the unique specifications of the project subject to a public work contract or for the contractor's convenience.
The legislature further finds and declares that in many instances the prevailing wage is not paid to persons involved in off-site fabrication and all drafting related to the fabrication of materials which are used specifically for public works projects.
It is the intent of the legislature that construction, drafting, and fabrication done off the public work site for specific use only in the public work project be compensated at the prevailing wage rate.
§ 2. Subdivision 3 of section 220 of the labor law is amended by adding a new closing paragraph to read as follows:
Notwithstanding any law, rule or regulation to the contrary, "custom fabrication" means the fabrication and all drafting related to the fabrication of woodwork, cases, cabinets or counters and the fabrication of electrical, plumbing, heating, cooling, ventilation or exhaust duct systems, and mechanical insulation solely and specifically designed and engineered for installation in the construction, repair or renovation of a building which is the subject of a contract to which the state, a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11871-01-7
A. 8071 2
municipal corporation, a public benefit corporation or commission appointed pursuant to law is a party, and any third party acting on behalf of any public entity; for the purposes of this subdivision, contractors or subcontractors engaged in custom fabrication and drafting related to such fabrication shall not be regarded as material suppliers. For the purposes of this subdivision, a legal day's work for which the prevailing rate of wages shall be paid to laborers, workers and mechanics shall include custom fabrication and the drafting of such fabrication whether or not the custom fabrication or drafting thereof is done on the public works site. Each contractor who employs workers off-site on a public works project must maintain certified payrolls and provide such payrolls, with original certifications, to the contracting agency at least once every thirty days.
§ 3. This act shall take effect on the sixtieth day after it shall have become a law and shall apply only to those contracts effective on or after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.