No. I am a construction worker and I believe that I have been underpaid on an SCA project. No. May the contractor schedule overtime work, including work on a weekend? Prevailing wage is the wage and fringe benefit rate set annually by the New York City Comptroller for each trade or occupation for covered employees of contractors performing public works projects for New York City government agencies. On SCA repair and renovation jobs, the vast majority of weekday work when school is in session takes place on Shift Time (ST) beginning after school lets out. There is no holiday pay for time not actually worked on PLA projects. Search Article 8 Prevailing Wage Schedules. . However, subcontractors performing PLA program work will be required to sign the Affidavit of PLA Participation/Letter of Assent prior to being considered for approval on a specific project by the SCA. If you work for a company at one of the addresses shown or for a City contractor in one of the categories of work specified, you are entitled to be paid at least the amount provided in the law or order. LLC enforces the terms and conditions of the PLA with respect to employee wages, benefits, and the use of union labor. Pursuant to PLA-C, the value of SCA contracts that can be performed by Mentor and Graduate Mentor firms is $1 million. Pursuant to Labor . Living wage for city contractor employees - NYC Administrative Code Section 6-109: A city service contractor that provides homecare services, day care services, Head Start services or services to persons with cerebral palsy must pay its direct service workers no less than the specified wage and either provide health benefits or an hourly supplement in lieu of health benefits. No. Contact the Labor Law Compliance Division of the SCA if a union does not fulfill a request for apprentices. 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York, a project undertaken by the City to preserve no more than 119 residential units in one or more buildings and receiving discretionary City financial assistance of $1 million or more; or, a project undertaken by the City to preserve 120 or more residential units in one or more buildings that is subject to a regulatory agreement requiring affordability of all residential units for households earning on average of up to 50% AMI and receiving City discretionary financial assistance of $1 million or more that is solely in the form of a tax benefit; or. The following are links to the worker protection timesheet calendars: If you suspect you are being underpaid, please contact the LLC directly at 718 472-8100 (LLC Hotline) or email laborlaw@nycsca.org. Some construction trades are entitled to paid overtime when they work more than seven hours on projects not subject to the PLA. The Labor Law Compliance Division (LLC) enforces labor laws and contractual obligations that require construction workers on SCA projects to be paid legally required prevailing wages and benefits for their individual trade classification (e.g.,carpenter, electrician, plumber, etc.). Prequalified contractors are firms that have submitted a complete online prequalification application to the SCA and been approved to do business with the SCA. The following is an abbreviated list of potential remedies: Owners, supervisors, and/or forepersons working with the tools must be paid at the prevailing rate for the classification of work being performed. While PLAs often appear similar to each other, and particular clauses are often used in multiple agreements, each PLA is a unique document and should be examined accordingly. See Article 12 Sections 2, 3, and 5. See Article 12 Section 5. NYCHA personnel will use this Statement of Services to inspect and accept the work you have performed. With approval by the SCA, the PLA also permits a contractor to schedule a four day (within Monday through Friday) work week, tenhours per day at straight time. Article 8 of the NYS Labor Law requires employers to pay workers not less than the prevailing rate and supplemental benefits for the occupation at which they are working. Home > Prevailing Wage. Does the new PLA provide a standard work day across all the signatory trades? What is construction that commences on a weekday morning considered? Prevailing rates are required to be annexed to and form part of the public work contract pursuant to Labor Law section 220 (3). Note that certain overtime and shift pay provisions are capped and standardized on SCA PLA projects. Except as expressly limited by a specific provision of the PLA, a contractor retains full and exclusive authority for the management of their operations, including the right to discipline or discharge for just cause its employees. See Article 12 Section 4. May a contractor working under the PLA be subject to a strike or job action by a signatory union at another site while the contractor is a signatory to the PLA? What is the timeline for contractors to pay subcontractors on SCA projects? OFFICE OF THE COMPTROLLER, CITY OF NEW YORK CONSTRUCTION WORKER PREVAILING WAGE SCHEDULE . Individual workers, contractors, subcontractors, trade unions, and any other interested party may contact the SCA's Labor Law Compliance Unit at: NYC School Construction Authority Pursuant to Labor . Following is a link with more information about prequalification at the SCA: http://www.nycsca.org/Doing-Business/Prequalification-Process. If the delinquency is not resolved, the SCA will withhold from amounts due to the general contractor that relates to the work of the delinquent contractor on the project an amount equal to what is owed to the employee benefit fund(s) and deduct such payment from the amounts otherwise due to the general contractor until the matter is settled. Go to (https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm to view the schedule. Make-Up Day provisions on non-PLA projects, if any, differ from trade to trade: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ for more information. on New York City public work projects. Also on Mentor/Graduate Mentor projects valued at $3 million or less, non-signatory contractors in the SCA Mentor or Graduate Mentor program that opt in to the new PLA may employ their core workforce meeting the standards defined in PLA Article 4, Section 2B. You can learn more about the subject by selecting from the following related links: Construction workers employed on SCA projects have the right to be paid prevailing wages and provided fringe benefits (e.g., medical, pension, etc.) The PLA that was in effect when a particular SCA contract began will apply from start to finish. The PLA provides that employees who report to work pursuant to a regular schedule and not given work must be paid two hours of straight time. All invoices for Standard Purchase Orders or Blanket Releases (Requirement Contracts) for services at the various developments must include the Work Order Number given to you by NYCHA personnel. How is employee overtime calculated in PLA-C? For more information, go to https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm. Some unions may have rules in their CBAs restricting this practice. We suggest documenting any dismissals in writing. {{vFile.PostingDate_Add | date:"MM/dd/yyyy" }}, {{sFile.PostingDate_Add | date:"MM/dd/yyyy" }}, All records should be retainedwith other contract documents.The System is. One ( 1 ) year terms at the following wage rate. Prevailing rates are only required for the time spent on the construction site. The protected wage annual increase will be determined by City agency rulemaking. More detailed information about Prevailing Rates, the SCA Project Labor Agreement PLA (Project Labor Agreement), theLabor Law Compliance Divisionand Overtime is available on this web page and in the documents below. See Article 3 Section 1 for a list of what SCA work this PLA does. See Article 3 Section 1 (2). Contractors who employ Core workers should speak with the respective union(s) as to benefit eligibility thresholds. See PLA Article 11, Section 2. used by SCA subcontractors and general contractors. What is the shift differential premium on projects bid out pursuant to the 2015-2019 SCA PLA? The SCA has entered into PLAs with the Building & Construction Trades Council of Greater New York (BCTC) for specified construction work in Fiscal Years 2010-2014, 2015-2019 (further extended to part of 2020) and 2021-2025. Prevailing Wage Rates for 07/01/2020 - 06/30/2021 Published by the New York State Department of Labor Last Published on Jun 01 2021. January 31, 2023 Report from the Economic Development Corporation under Section 6-134(h)(3). All construction work performed on SCA schools falls under the category of public work. This includes demolition, reconstruction, rehabilitation and renovation associated with Capital Improvement Projects and facility enhancements. In case questions arise about if there was a legitimate need for a Make-Up Day, we suggest contractors print out and keep the weather forecast for the weekday that you were unable to work. . For more information, go to. 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Review details and current rates for each affected title, HPD Prevailing Wage Covered Developers Under 6-130, EDC 6-130 Prevailing Wage Covered Developers, Brooklyn Navy Yard 6-130 Prevailing Wage Covered Developers, Brooklyn Navy Yard Development Corp 6-134 Living Wage Covered Developers, HPD Covered Developers Living Wage Executive Order. Records required to be maintained (including copies of certified payrolls) must be kept on the job site while the work continues. However, subcontractors performing PLA program work will be required to sign the Letter of Assent prior to being considered for approval on a specific project by the SCA. Contractor workers who believe they have been underpaid should file the Prevailing Wage Complaint form. SCA contractors and subcontractors are required to use the LCMS system to submit Daily Signature Logs (DSLs). There is no stacking or pyramiding of overtime pay under any circumstances. Standard Purchase Orders requested for services at the various developments will include a blank Statement of Services document (see attached). Bricklayer, Electrician, Plasterer, etc.) Prevailing rates andratios for apprentices are published in the Construction Apprentice Prevailing Wage Schedule. All construction workers are entitled to be paid overtime when they work more than eight hours in a day and/or more than five days in a week. Display the Employee Rights Under the Davis-Bacon Act poster; Complete and submit the Contractor Daily Sign-In Sheet. The Housing Authority requires that contractors and subcontractors that perform Housing Authority contracts comply with federal, state and city employment and labor laws and applicable regulations related to prevailing wages, including: When a contractor performs an Authority contract, it is required to pay its employees who perform work on the contract wages and supplemental benefits no less than the applicable prevailing wage. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers. Instructions detailinghow to upload DSLs are available in the support section of LCMS. Section 6-109 of the New York City Administrative Code. In the event of an underpayment, our staff will assist you in claiming monies due to you. Apprentice Training Ratios The following are the allowable ratios of registered Apprentices to Journey-workers. What SCA projects are subject to the 2015-2019 PLA? The law expands the Prevailing Wage Law requirements for building service employees to certain affordable housing residential projects receiving City financial assistance. What are the trades that are entitled to premium pay for shift work? ), Specific type of work that you did (asbestos handler, bricklayer, mason tender, painter etc. If you employed labor on a legitimate Make-Up Day, note this in LCMS. As a construction worker on an SCA project, how do I know what rate Im supposed to be paid? PUBLISH DATE: 7/1/2022 EFFECTIVE PERIOD: JULY 1, 2022 THROUGH JUNE 30, 2023 Page 1 of 90 . I understand that employers are required to comply with the requirement to provide prevailing supplemental benefits in the amounts listed in the Prevailing Rate schedule to workers on SCA construction projects. Post written notices (https://comptroller.nyc.gov/wp-content/uploads/documents/Construction-Poster_2x2-final.pdf ) along with the Comptrollers Prevailing Rate Schedule for all relevant trade classifications in a conspicuous manner at each covered job site. They are summarized below. The contractor need not be signatory with these unions by any other labor agreement or for any other project. PLA-C applies only to contracts awarded up to this date. when employed on contracts subject to an SCA Project Labor Agreement (PLA). Work on Sundays and Holidays must be paid at Schedule A Sunday or Holiday rates for that trade. It will be sent in the email with t he Standard Purchase Order - but as a separate attachment. When an employee leaves a job of their own volition, shows up late for work and is still permitted to work, or is discharged for cause, they will only be paid for the actual time worked. Occupation. No, the PLA applies only to those projects that the contractor agrees to perform under the PLA and makes no labor agreement beyond those projects. A copy of the NY Plan is available upon request from the SCA. What will the SCA Labor Law Compliance Unit (LLC) do for me? However, please note that the SCA only awards contracts to firms that are prequalified (with the exception of vendor contracts valued under $10,000). No, a non-union core worker does not automatically become a union member by working on a project covered by the PLA. General contractorsand subcontractors must complete this training to gainaccess to LCMS. It is possible. If the employee works during shift time or overtime hours, be sure to compensate that employee at whatever premium time rate is noted for that trade in the Comptrollers Prevailing Rate Schedule. OCCs Contract Compliance Officers conduct site visits in order to determine compliance with prevailing wage and equal employment opportunity laws. Yes. For insurance purposes, security guards should be listed on Daily Signature Logs and certified payrolls for their time on the construction site. What do the workers get paid when work is terminated early in a day due to inclement weather or otherwise stopped short of eight hours? See Article 3 Section 1 for a list of what SCA work this PLA covers and does not apply to. At the SCA, shift time is also known as ST (Swing or Afternoon Shift or 2nd Shift). See Article 5 Sections 2 and 3. City of New York. Some trades, such as the Asbestos Handlers and Painters do not require any premium pay for ST or GT shift work pursuant to the Prevailing Rate Schedule on non-PLA projects. Bureau of Public Work - New York City 212-932-2419 212-775-3579 Bureau of Public Work - Patchogue 631-687-4882 631-687-4902 Bureau of Public Work - Rochester 585-258-4505 585-258-4708 . The contractor is also required to ensure that its subcontractors comply with EEO and prevailing wage requirements. Prevailing wage rates for construction, replacement, maintenance, and repair work on New York City schools and . Nothing in the PLA requires employees to join a union or pay dues or fees to a union as a condition of working on the covered project. Any additional weekday hours must be paid at time and one half (1.5) for all signatory trades. Prevailing wage rates for construction, replacement, maintenance, and repair work on New York City schools and other public works projects are contained in the. Wage and benefit rates are based on the workers job classification as per the Comptrollers Prevailing Rate Schedule, https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/. The New York City Council recently passed Local Law 212 of 2019. Labor website (www.labor.ny.gov) for current wage rate information. SCA contractors may access the information below by logging into LCMS and going to the Help Section of the LCMS Dashboard. Are owners, supervisors or forepersons required to be paid prevailing wages when they are "working with the tools"? No. See Article 12 Sections 3 & 5. Should a contractor request that apprentices be provided for program work, the referring union must comply with that request so long as it is consistent with the maximum ratios permitted by NYSDOL. Like any other trade workers, core employees must be on Daily Signature Logs and certified payrolls. They will be required to pay the difference between what they paid the workers and the amount that should have been paid; The company and/or owners can be prosecuted, fined and/or go to jail; The company and/or owners may have to pay the cost of an investigation; The company and/or individual owners may be put on the Ineligible to Bid list for SCA projects and/or the Debarment List for all government projects; General Contractors (GCs) are responsible for the financial sins of their subcontractors: if the LLC cannotcollect from the employer, we will collect from the GC that has the contract with the SCA. On non-PLA projects, Make-Up Day provisions, if any, differ from trade to trade: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ for more information. Please contact the LLCby emailing. With respect to second and third shift work in the new PLA, there is a five percent (5%) hourly shift differential premium on wages and benefits unless the NYC Comptrollers Prevailing Rate Schedule provides for no shift premium on wages or benefits or both, in which case there is no premium on wages or benefits or both. We suggest phone requests to the union for workers also be followed up in writing. The Bureau of Public Work administers Articles 8 and 9 of the New York State Labor Laws: Article 8 covers public construction Article 9 covers building service contracts If a Mentor or Graduate Mentor is not signatory to a BCTC union, it may choose to opt inand work under the terms of the new PLA and sign a Letter of Assent for a particular project, or it may choose to opt outand perform the work under Prevailing Rates but not under the terms of the PLA. -Plumbers receive double their regular wage & benefit rate for any work performed after an eighthour day; double their regular wage & benefit rate for any work performed on Saturdays; and double their regular wage & benefit rate for all work performed on Sundays. See Articles 7 and 19. If a Mentor or Graduate Mentor firm enters into a full CBA with a BCTC Union, the employees of the contractor must be allowed to join the union, subject to satisfying the unions basic standards of proficiency for admission. Nonetheless, all non-PLA public construction work is subject to Prevailing Rate requirements: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/to view the most current schedule of prevailing wages and benefits. In the event the SCA deems a job to be a seven-hour project, the eighth hour, if worked, shall be paid at time and one half (1.5). In the event that wages andbenefits have been paid at a rate less than what is prevailing, the SCA has the right to withhold payments to the delinquent contractor until the matter is resolved. 2023 All Rights Reserved, NYC is a trademark and service mark of the City of New York, Minority- and Women-owned Business Enterprise, Development Proposals and Sale of Property, Resident Services and Vendor Opportunities, Contractors and Vendors Anticorruption Guide, Sections 220 and 230 of the New York State Labor Law; and. Contractors must make a prompt payment to the electrical, plumbing, gas fitting, and HVAC subcontractors within seven calendar days of any payment from the SCA. Bronx, Kings, New York, Queens, Richmond WAGES Wage rate per hour: 07/01/2022 07/01/2023 Window Cleaner $ 31.70 $ 32.65 Power Operated & 7/1/2022 $ 22.00 per day above regular scale pay If they do not work, they do not get paid for the day. See Article 12, Section 3. 30-30 Thomson Avenue Bureau of Public Work - New York City 212-932-2419 212-775-3579 Bureau of Public Work - Patchogue 631-687-4882 631-687-4902 Bureau of Public Work - Rochester 585-258-4505 585-258-4708 . The one limited exception is non-union MWLBE contractors who designate core employees to work under the PLA; these firms may satisfy the supplemental benefit obligation if they set up or join a bona fide private benefit plan that satisfies the requirements of Section 220 of the NYS Labor Law. There are Project Labor Agreements (PLA) in place covering specified rehabilitation and renovation work performed by SCA contractors. In general on PLA projects, signatory contractor owners, supervisors or forepersons cannot work with the tools (unless they are union members and the union rules allow this). comptroller.nyc.gov/wages. Note that certain overtime and shift pay provisions are capped and standardized on SCA PLA projects. Users can access LCMS online at any time. Compliance Prevailing Wage The New York City Council recently passed Local Law 212 of 2019. Pay each employee the appropriate wage and supplemental benefit for the trade work being performed whether or not the employer is signatory to a union agreement and whether or not the worker is a union member. The SCA Project Labor Agreement known as PLA-C covers rehabilitation and renovation work performed on New York City public schools pursuant to funds authorized under the Capital Improvement Program and Restructuring Programs (CIP) for Fiscal Years 2015 to 2019.
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