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Consequences of Willful and Persistent Willful Failure to Pay Prevailing Wages in New York

 
Pursuant to Labor Law 220-b(2)(a)(1) there is a two (2) year “lookback period” from the date of the complaint that is subject to investigation for violation of prevailing wage laws, and a three (3) year statute of limitations from the filing of the DOL order. Labor Law §220-b(3)(a). In response to a claim of failure of a contractor or subcontractor to pay prevailing wages, the Dept. of Labor may file a notice to withhold upon the fiscal officer, pursuant to Labor Law §220-b(2), who will be obligated to withhold the amount of the notice plus interest and penalties from the prime contractor.