Labor Law § 220 defines the prevailing rate of wage for a particular trade or occupation as the rate provided in local collective bargaining agreements between bona fide unions and construction industry employers. Prevailing supplements are defined as employment benefits paid other than in cash, such as health, welfare, retirement and vacation benefits, and the like, again as provided in local collective bargaining agreements. In each case, it is required that at least 30% of tradespersons in the locality work for employers who are party to such CBAs, but the 30% requirement is presumed in effect unless proven to the contrary for any particular region. This white paper reviews assigned wage rates and required supplements.
Practiced construction law in Rochester, New York for over 35 years
Advises contractors, subcontractors, and project owners in prevailing wage compliance, and has represented contractors and subcontractors in numerous prevailing wage enforcement proceedings brought by the New York State Department of Labor
Successfully challenged prevailing wage determinations in New York’s highest courts, including the New York State Court of Appeals, where he defeated a Labor Department effort to expand the law’s coverage into areas of privately funded work
Frequently lectures on the prevailing wage law and other construction law topics
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