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New York Prevailing Wage Compliance

Article 8 public works, NYSDOL and NYC Comptroller schedules, certified payroll transcripts, from one place.

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New York Labor Law Article 8 at a glance

Article 8 (sections 220–224-d) is the NY state law for prevailing wage on public works. It covers any job done for or on behalf of the State of New York, its political subdivisions, and public benefit corporations. Here's what you need to know.

Covers every kind of public works

State, county, city, town, village, school district, public authority. NYC has extra requirements under Labor Law 220 and Admin Code 6-109.

Certified payroll at least every 30 days

Contractors and subs file a transcript of the original payroll with NYSDOL at least every 30 days for the life of the project, starting within 30 days of the first payroll (Labor Law 220(3-a)). Since January 1, 2026 the department accepts it only through its Certified Payroll portal, typed in or uploaded as XML. NYSDOL's Contractor User Guide says late records can draw penalties of $100 per day after a 14-day grace period. Keep your own payroll records for 6 years (Labor Law 195(4)).

Classify by the work they actually do

Pay the prevailing rate for the craft the worker actually performed. Paying a laborer rate for carpentry work is one of NYSDOL's top violations.

Break out supplemental benefits

NY calls fringes 'supplemental benefits.' Itemize them: health, pension, vacation, annuity, training. Cash to worker or into a bona fide plan.

Post the schedule on site

Put the prevailing wage schedule up where workers can see it. English, and Spanish too where it applies.

Project thresholds

There is no dollar threshold. Article 8 prevailing wage applies to a public works contract at any value, so a $20,000 village or school district job is covered exactly like a $2M one. The $35,000 figure contractors often cite is the General Municipal Law competitive bidding threshold, which is a different rule. Dollar amounts that do appear in Article 8 are separate requirements: contracts advertised at $250,000 or more require OSHA-10 certified workers (Sec. 220-h), and privately owned covered projects are pulled in only above $5 million with at least 30% public funding (Sec. 224-a).

What CertifiedPayrollPro handles for New York

Everything you need for NY-compliant certified payroll on public works.

NYSDOL XML upload file

The certified payroll XML in the format of NYSDOL's published schema, ready to upload in your own portal account, plus the WH-347 for federally funded work.

Wage rate checks

Enter the schedule's rates for your classifications and each worker's pay is checked against them before you certify.

Supplemental benefit tracking

Break out supplementals (health, pension, vacation, training) by plan type the way Article 8 wants it.

NYC vs state schedules

Comptroller for the five boroughs, NYSDOL for everywhere else. Link the schedule that governs each project location and the check follows it.

Classification checks

We flag possible misclassifications so you catch them before NYSDOL does.

Checks before you certify

Pay below the entered rate, missing supplementals and classification gaps are flagged before you certify; Lydia, our AI assistant, explains each one.

NYC vs NY State prevailing wage

Working inside the five boroughs? You answer to the NYC Comptroller, not NYSDOL.

FeatureNY State (NYSDOL)New York City
Issuing agencyNYSDOL Bureau of Public WorkNYC Office of the Comptroller
Governing lawLabor Law Article 8 (220)Labor Law 220 + NYC Admin Code 6-109
Schedule reissueAnnually July 1Varies by craft
Typical ratesStandard statewideHigher than upstate
Applies inAll 62 countiesManhattan, Bronx, Brooklyn, Queens, Staten Island
Audit bodyNYSDOL Bureau of Public WorkNYC Comptroller Bureau of Labor Law

Penalties for NY prevailing wage violations

NYSDOL and the NYC Comptroller come down hard on Article 8. Misclassify workers, underpay wages, or submit false certified payroll and the penalties add up fast.

Civil penalties

  • • Back wages owed to each underpaid worker
  • • Interest up to 16% per year on unpaid wages
  • • Civil penalty up to 25% of underpayment
  • • Withheld progress payments from awarding agency
  • • Awarding agency can cancel contract

Debarment & criminal

  • • 5-year debarment from public works (willful)
  • • Published on NYSDOL debarment list
  • • Criminal prosecution for falsified payroll
  • • Personal liability for officers/owners
  • • Reputational damage with awarding agencies

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New York Prevailing Wage FAQ

What is New York prevailing wage?▾

It's the minimum hourly wage, base rate plus fringes, that you have to pay workers on NY public works jobs. Rates depend on craft, county, and project type under Article 8. NYSDOL publishes the rates for most of the state, and the NYC Comptroller publishes separate (usually higher) rates for the five boroughs.

What is New York Labor Law Article 8?▾

Article 8 is the NY state law that governs prevailing wage on public works. If you're on a state or municipal construction job, you pay the prevailing wage for the trade, file certified payroll transcripts at least every 30 days (Labor Law 220(3-a)), and keep the records for six years. It applies to any work performed for or on behalf of a public entity.

Is there a New York certified payroll form?▾

Note that NYSDOL's PW4 is a wage underpayment claim form, not a certified payroll form. What Article 8 requires is a transcript of the original payroll, and since January 1, 2026 NYSDOL takes it only through its Electronic Certified Payroll Submissions system: entered in the portal by hand, or uploaded as an XML file in the format of the department's NYDOL_CertPayroll.xsd schema. Some awarding agencies also ask for their own cover forms. They all want the same information: worker name, trade, hours worked, gross wages, deductions, supplements, and a signed statement. We produce the XML upload file; you upload it in your own portal account and certify it there.

Do NYC prevailing wage rates differ from NY State rates?▾

Yeah, they're different. The NYC Comptroller sets its own schedules for work in the five boroughs under NYC Administrative Code 6-109 and Labor Law 220. They're almost always higher than upstate rates. If the project's in NYC, you use the Comptroller's schedule, not NYSDOL's.

How often are NY prevailing wage schedules updated?▾

NYSDOL reissues annually on July 1. NYC Comptroller schedules reissue on different dates depending on the craft. You pay whatever schedule is in effect when the work's actually performed. Enter that schedule's rates and pay is checked against them; we do not import NYSDOL or Comptroller schedules for you.

What are the penalties for NY prevailing wage violations?▾

Not kidding around. Back wages, interest up to 16% per year, civil penalties up to 25% of the underpayment, 5-year debarment for willful violations, and criminal prosecution in the worst cases. NYSDOL audits contractors hard and publishes the debarment list.

How are fringe benefits tracked for New York?▾

NY calls them 'supplemental benefits': health, pension, vacation, training. You pay them either as cash added to wages or into bona fide benefit plans. The certified payroll has to itemize by benefit type; you enter each plan by type once and the payroll itemizes them.

Does CertifiedPayrollPro support New York certified payroll?▾

Yes. We produce the XML file NYSDOL's Electronic Certified Payroll Submissions system accepts for bulk upload, validated against the department's published schema: one project and one payroll week per file, the worker's classification in the Bureau of Public Work's exact wording, supplements itemized by type, and the PRC number from your portal dashboard. Before you certify, the payroll page tells you what the state still needs and links to where you fix it. You upload the file in your own NYSDOL portal account and certify it there; we do not file anything for you. Pro plan and above.

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New York Prevailing Wage: NYSDOL and NYC Certified Payroll | CertifiedPayrollPro