New York prevailing wage and certified payroll rules
New York's Article 8 has no dollar threshold, covers some private projects with heavy public funding, and requires electronic certified payroll through the state's MPWR portal on state and local public work outside New York City.
Yes. New York has one of the broadest prevailing wage laws in the country. Article 8 of the Labor Law (Section 220 and related sections) covers public work for the state and its political subdivisions, public authorities, and boards of education, and it has no dollar threshold, so a small repair can be covered. Since December 30, 2024, contractors and subs must register with the Department of Labor before bidding or working on covered jobs, and since December 31, 2025 they must file certified payroll electronically through the MPWR Certified Payroll portal.
| Item | Rule |
|---|---|
| State law | Labor Law Article 8 (public work, Section 220) and Article 9 (building service work) |
| Dollar threshold, public work | None |
| Covered private projects | Section 224-a: public funds at least 30 percent of costs and total project costs over $5 million |
| Who sets rates | NYS Department of Labor; the NYC Comptroller enforces on City projects |
| Rate schedule | Published each July 1, runs through June 30, with updates the first business day of each month |
| Certified payroll | Every 30 days through the MPWR portal (required since December 31, 2025); NYC projects use the City's own system |
| Registration | Contractor and subcontractor registry under Section 220-i, required since December 30, 2024 |
| Apprentices | Must be individually registered in a program registered with the NYS Commissioner of Labor |
| Record retention | At least 6 years |
| Penalties | Interest up to 16 percent, penalty up to 25 percent, 5-year debarment for repeat willful violations |
What counts as public work in New York
The Department of Labor uses a three-part test. A public agency must be a party to a contract that involves laborers, workers, or mechanics. The work must be mainly construction-like and paid with public funds. And the main purpose of the work must be use or benefit to the general public. Public agencies include the state and its political subdivisions, public benefit corporations, public authorities and commissions, special purpose district boards, and boards of education. Because there is no threshold, a $9,000 door replacement at a town hall is covered the same as a $9 million firehouse.
Section 224-a extends Article 8 to some private projects. A private job is a covered project when public funds add up to at least 30 percent of total construction costs and total project costs are over $5 million. If a developer hands you a subcontract on a mixed-use building with state incentives, ask in writing whether it is a covered project before you price it. Article 9 is separate and covers building service workers on public agency contracts over $1,500.
How New York rates are set and where to find them
The Department sets rates each year based on collective bargaining agreements between bona fide unions and private employers who employ at least 30 percent of the workers in that trade in the locality. Schedules are issued by county and classification, effective July 1 through June 30. Corrections post on the first business day of each month, and contractors must pay updated rates back to July 1. That retroactive rule is why a bid priced in May should carry a cushion for the July schedule.
To get the schedule for a specific job, the public agency requests a PRC number and wage schedule from the Department. On projects let by New York City, the City Comptroller enforces Article 8 instead of the state, so check with the Comptroller's office for the rates that apply. Rates include a supplement (benefit) amount on top of the hourly wage. You can pay supplements in cash with wages, into a bona fide plan, or a mix. Plan contributions are credited on an annualized basis across all hours worked, public and private, and any shortfall must be paid in cash each week. See fringe benefit credits for how that math works.
Certified payroll and the MPWR portal
Certified payrolls in New York are original payrolls, or transcripts of them, affirmed as true under penalty of perjury. Contractors and subs submit them within 30 days after their first payroll and every 30 days after that. Since December 31, 2025, Article 8 projects require electronic submission through the Department's MPWR Certified Payroll portal. Public work performed by or for New York City, and City roadway excavation projects, go through New York City's own online certified payroll system instead. On public improvement projects, the portal also asks for a copy of the payment bond.
- Keep weekly payroll records for at least six years.
- Post the rates: the contractor and every sub must post a legible schedule of wages and supplements in a prominent spot on site.
- Watch your subs: contractors must confirm their subcontractors are on the registry before they start.
- Apprentices: a worker counts as an apprentice only if individually registered in a program registered with the NYS Commissioner of Labor. Trainees, helpers, and pre-apprentices get the journeyworker rate. Ratios come from the registered program.
Penalties and debarment
Underpayments can carry interest of up to 16 percent from the date of underpayment, plus a civil penalty of up to 25 percent of the wages, supplements, and interest owed. A contractor that gets two final determinations of willful failure to pay within any six consecutive years, or one involving falsified payroll records or kickbacks, is barred from bidding on or receiving public work for five years. Overpaid supplements cannot be used to offset underpaid wages.
How New York differs from Davis-Bacon
The federal Davis-Bacon Act starts at $2,000 on federally funded or assisted work, uses SAM.gov wage determinations, and requires weekly payroll, usually on the optional WH-347. New York has no threshold at all, sets rates from union agreements that cover 30 percent of a trade, changes them every July 1 with retroactive corrections, covers certain private projects, and runs payroll through MPWR every 30 days. On a job with both federal and state money, comply with both and pay the higher rate.
Before your first public bid, review the New York contractor license rules, New York mechanics lien and bond options, and New York prompt payment terms. Smart Business Automator turns crew hours coded by classification into certified payroll reports, so the MPWR upload and the pay application come from the same numbers. See certified payroll automation.
Frequently asked questions
Is there a dollar threshold for prevailing wage in New York?
Not for Article 8 public work. Any covered public work contract can trigger it. Covered private projects under Section 224-a need public funds of at least 30 percent and total project costs over $5 million.
What is MPWR?
The New York State Department of Labor's online Certified Payroll portal. Since December 31, 2025, contractors and subcontractors on Article 8 projects must file certified payroll there electronically. New York City projects use the City's own system.
How often is certified payroll due in New York?
Within 30 days after the first payroll and every 30 days after that. Keep the weekly records for at least six years.
When do New York prevailing wage rates change?
Each July 1, running through June 30. The Department posts corrections on the first business day of each month, and updated rates are owed back to July 1.
Do subcontractors need to register in New York?
Yes. Under Labor Law Section 220-i, contractors and subcontractors must register before bidding on or performing covered work, and contractors must confirm their subs are registered.
Sources
- NYS Department of Labor: Bureau of Public Work and Prevailing Wage Enforcement
- NYS Department of Labor: Article 8 frequently asked questions
- NYS Department of Labor: Electronic certified payroll
- NYS Department of Labor: Public work contractor and subcontractor registry
- NYS Department of Labor: Bureau of Public Work frequently asked questions
- New York State Senate: Labor Law Section 224-a
- U.S. Department of Labor: Dollar threshold amounts for state prevailing wage laws
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.
