New York Prevailing Wage Lawyers
Experienced Prevailing Wage Attorneys Serving New York
Most government-funded construction projects in New York are subject to Section 220 of the New York Labor Law, which requires that employers on publicly funded projects in New York pay their construction worker employees “prevailing wages” for each hour worked.
The hourly prevailing wage rate depends on the type of work performed. For example, there are different prevailing wage rates for carpenters, electricians, steamfitters, roofers, cement masons, operating engineers, and every other construction trade found on a construction project. The prevailing rates are also based on the city or county where the work is performed.
These prevailing wage rates are typically much higher than the applicable New York minimum wage and are often based on the combined rate for both wages and supplemental benefits found in union-negotiated contracts for the applicable trade.
For example, the prevailing wage rate for a cement mason in New York City is $84.28 per hour, consisting of $48.00 per hour in wages and $36.28 per hour in supplemental benefits.
To speak with our experienced New York prevailing wage lawyers, give us a call at (215) 273-3491 or contact us online today.
Overtime and Holiday Pay Under New York's Prevailing Wage Rates
The prevailing wage rates required in New York may also include daily overtime compensation if you work more than 7-8 hours in one day. Overtime (time-and-half or 1.5x the prevailing rate) and sometimes double prevailing rates may apply if you work nights, weekends, or certain holidays. For example, electricians in New York City must be paid overtime at the prevailing rate for all hours worked on Saturdays and Sundays.
Your Rights Under New York's Prevailing Wage Law
Understanding your rights as a worker under New York's prevailing wage law is crucial for ensuring you receive fair compensation for your labor. At Goodley McCarthy LLC, we believe that every worker deserves to be informed about their entitlements. Our experienced attorneys are dedicated to advocating for your rights and ensuring you are compensated appropriately for your work.
Here are some key points about your rights under the prevailing wage law:
- Fair Compensation: You are entitled to receive at least the minimum wage set by the state for your specific trade or occupation.
- Benefits: In addition to wages, you may also be entitled to benefits such as health insurance, retirement plans, and paid leave.
- Protection Against Retaliation: It is illegal for employers to retaliate against you for asserting your rights under the prevailing wage law.
- Access to Information: You have the right to access information about your pay and the prevailing wage rates for your trade, ensuring transparency in your compensation.
If you believe your rights have been violated or if you have questions about your compensation, our team at Goodley McCarthy LLC is here to help. We offer free consultations to discuss your case and explore your options for pursuing justice.
Why Choose Goodley McCarthy LLC for Your Prevailing Wage Needs?
At Goodley McCarthy LLC, we understand that navigating the complexities of prevailing wage laws can be daunting. Our dedicated team of New York Prevailing Wage Lawyers brings a wealth of experience and knowledge to the table, ensuring that you receive the representation and support you deserve. Here’s why we stand out:
- Expertise in Local Laws: Our attorneys specialize in New York's prevailing wage regulations, and we stay updated on any changes to ensure you receive accurate and timely advice.
- Personalized Service: We believe in building strong relationships with our clients. Our team takes the time to understand your unique situation and tailor our strategies to meet your specific needs.
- Proven Track Record: With numerous successful cases under our belt, we have a reputation for achieving favorable outcomes for our clients. We are committed to fighting for your rights and securing the compensation you deserve.
- Comprehensive Support: From initial consultations to litigation, we provide comprehensive legal support at every stage of your case. Our goal is to make the process as seamless as possible for you.
- Free Consultations: We offer free initial consultations to discuss your case and answer any questions you may have, allowing you to make informed decisions without any financial pressure.
When it comes to prevailing wage issues, you need a law firm that is on your side. Let Goodley McCarthy LLC be your trusted partner in navigating the complexities of New York's labor laws. Contact us today to schedule your free consultation!
If you believe you may be owed unpaid prevailing wages, Contact Goodley McCarthy LLC by calling (215) 273-3491 for a free consultation with our New York prevailing wage attorneys.
Prevailing Wage Frequently Asked Questions
Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 215-273-3491 today!
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How do I know if I’m owed prevailing wages? What types of projects typically require prevailing wages?
You are likely owed prevailing wages if you perform any type of construction work on a government-funded project. This includes federal, state and local or county governments.
Examples of government-funded projects that are subject to prevailing wage laws include:
- Public schools and universities
- Court houses
- Police and fire stations
- Highway, road, bridge, and tunnel improvement projects
- Public transit construction or improvement projects
- Sewer and water line replacement projects
- Government offices and other municipal buildings
- And more
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Do I have to be in a union to receive prevailing wages?
No. Employers on publicly-funded construction projects must pay their construction workers prevailing wages, regardless of whether they are in a union.
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If my employer does not provide any fringe benefits does my employer still need to pay me?
Yes, but prevailing wage laws do not require your employer to provide fringe benefits such as healthcare and pension benefits. If your employer provides no benefits, then your employer must pay the fringe benefit portion of the prevailing wage rate directly into your paycheck as wages. Or, if your employer only provides some benefits, but the benefit cost to the employer is less than the fringe benefit portion of the applicable prevailing wage rate. Your employer must pay the difference directly into your paycheck as wages.
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I only performed clean-up work or flagging work for a government-funded site. Am I owed prevailing wages?
Yes, probably. General laborers who perform set-up or clean-up work on a public construction site are typically owed prevailing wages. Safety or road flaggers are also typically owed prevailing wages on public projects.
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If the company I work for classifies me as an independent contractor, am I owed prevailing wages if I work on a public project?
Yes, probably. Independent contractor misclassification is a common problem in the construction industry. You should be paid prevailing wages, regardless of whether your employer classifies you as a W-2 employee or 1099 independent contractor.
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What if I performed electrical work on a public project, but my employer classified and paid me as a laborer?
Trade misclassification and underpayment of prevailing wages is a common problem on publicly funded projects. Although “laborer” is a classification with its own prevailing wage rates, laborer rates are often on the lower end of the prevailing wage scale. Consequently, companies often misclassify and pay workers who perform higher-paid trade work (e.g. electricians, pipefitters) as laborers to avoid paying the higher prevailing wage rates. If you believe you have been misclassified and underpaid prevailing wages on a publicly funded project, you may be able to bring a lawsuit for the unpaid prevailing wages.