N.Y. Labor Law § 231: Prevailing wage

§ 231. Prevailing wage. 1. Every contractor shall pay a service

employee under a contract for building service work a wage of not less

than the prevailing wage in the locality for the craft, trade or

occupation of the service employee.

2. The obligation of a contractor to pay prevailing supplements may be

discharged by furnishing any equivalent combinations of fringe benefits

or by making equivalent or differential payments in cash under rules and

regulations established by the fiscal officer.

3. Each contract for building service work shall contain as part of

the specifications thereof a schedule of the wages required to be paid

to the various classes of service employees on such work, and each such

contract shall further contain a provision obligating the contractor to

pay each employee on such work not less than the wage specified for his

craft, trade or occupation in such schedule.

4. The public agency, or appropriate officer or agent thereof, whose

responsibility it is to prepare or direct the preparation of the plans

and specifications for a contract for building service work, shall

ascertain from such plans and specifications the classifications of

employees to be employed on such work and shall file a list of such

classifications with the fiscal officer, together with a statement of

the work to be performed. The fiscal officer shall determine the crafts,

trades and occupations required for such work and shall make a

determination of the wages required to be paid in the locality for each

such craft, trade or occupation. A schedule of such wages shall be

annexed to and form a part of the specifications for the contract prior

to the time of the advertisement for bids on such contract and shall

constitute the schedule of wages referred to in subdivision three of

this section.

5. Upon the award of a contract for building service work by a public

agency other than a city, the contracting public agency shall

immediately furnish to the commissioner: (a) the name and address of the

contractor to whom the contract was awarded; (b) the date when the

contract was awarded; and (c) the approximate consideration stipulated

for in the contract.

6. No later than the first day upon which work on said contract is

performed by any employee, the contractor shall post in a prominent and

accessible place on the site of the work a legible statement of the

wages to be paid to the workmen employed thereon.

7. (a) An apprentice in a craft or trade may be permitted to work at a

wage lower than that established for the journeymen in such craft or

trade only if all of the following conditions have been met:

(1) such apprentice has been individually registered in an

apprenticeship program which is duly registered with the industrial

commissioner in conformity with the provisions of article twenty-three

of this chapter;

(2) such apprentice's registration occurred prior to his employment as

an apprentice on such service work; and

(3) written proof of such individual registration is submitted to the

contracting public agency prior to such apprentice's employment as an

apprentice. The proof submitted shall include evidence of the

appropriate ratios and apprentice's wage rates.

(b) In no event shall the ratio of apprentices to journeymen employed

on such service work be greater than the lesser of the following ratios:

(1) the ratio permitted in the apprenticeship program approved by the

industrial commissioner; or

(2) the ratio prevailing in the locality where the service work will

be performed.

(c) The rate of wages established for apprentices shall be the

prevailing rate as determined in accordance with this article.