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Prevailing Wage Claims

Wages in New York StateHere in New York, the state’s Department of Labor works to ensure the health and safety of workers and to see that they are paid fair wages.

Prevailing wage rates applicable within New York are issued by the Department and specify wages by county. Complete information on prevailing wage law in New York, along with current rates, is available on the Department’s website at:

Source: New York State Department of Labor

Certain employees who are working on public works projects may be entitled to special pay considerations if the projects are funded by either the state or federal government. If you are employed in specific trades involved in such work, you may be entitled to receive what are called prevailing wage rates. These rates refer to the hourly pay, overtime, and benefits that are paid to workers in comparable jobs within a specified area. The laws that govern prevailing wages can be complex and difficult to apply because they may differ from state to state. They even differ among counties within the same state. Questions about prevailing wage claims require the advice of an attorney experienced in this particular aspect of employment law.

New York prevailing wage claims lawyers at The Law Offices of Newman & Drukman can provide you with the informed and reliable guidance you need if you feel that you may have a prevailing wage claim. We also can help you if you’re an employer who needs informed guidance in making sense of the complicated laws that pertain to prevailing wage rates and claims. Our firm’s extensive experience in all aspects of employment and labor law offer you the assurance that you’ve chosen attorneys with the knowledge to accurately examine your situation and to take appropriates action accordingly.

At The Law Offices of Newman & Drukman, New York prevailing wage claims lawyers know that wage rates for federally funded projects are determined by the Secretary of Labor. Numerous federal laws contain provisions that relate to pervailing wages. Among them are the Davis-Bacon and Related Acts, the Walsh-Healey Public Contracts Act, the McNamara-O’Hara Service Contract Act, and the Contract Work Hours and Safety Standards Act. Our skilled attorneys know which types of work are specified under prevailing wage law, the wage rates and benefits associated with those jobs, how enforcement of prevailing wage laws is accomplished, and what to do when violations occur.

For state-funded projects, prevailing wage rates are set by the New York State Department of Labor’s Commissioner of Labor. The rates are evaluated every year, and prevailing rates are updated and published by the Commissioner. The state requires public works contractors to inform their workers of prevailing rates. For workers on federally-funded projects, federal laws spell out the requirements that address how contractors and their workers obtain information about prevailing rates and benefits.

New York prevailing wage claims lawyers at The Law Offices of Newman & Drukman understand that contractors who violate prevailing wage laws may be subject to harsh penalties, including fines and potential prison time. Nonetheless, we also know that some contractors do knowingly underpay their workers. Experience has taught our prevailing wage claims attorneys that unscrupulous contractors may try to cut their costs by intentionally classifying workers incorrectly. If a worker is misclassified – as an independent contractor or as a manager, for instance – then the employing contractor may pay less than the prevailing rate to which the worker is entitled. When a worker is incorrectly classified, he or she may not only lose pay, but benefits, as well. These could include such things as overtime, health coverage, or paid time off. For their part, employers who violate prevailing wage laws can find themselves at risk for claims from workers and for enforcement actions that could expose them to serious financial consequences.

If you believe that you have not been treated fairly by your employer and that you may have a prevailing wage claim, the New York prevailing wage claim attorneys at The Law Offices of Newman & Drukman offer you a free and confidential consultation to review your circumstances. We can explain prevailing wage laws that apply in your particular situation and determine if you have a valid claim. If so, our experienced negotiators can work to resolve your unfair pay situation. In the event litigation becomes necessary, our prevailing wage claim lawyers are recognized for their consummate skills in the courtroom.

The New York prevailing wage attorneys at The Law Offices of Newman & Drukman also invite employers to contact our firm. Because state laws apply in some cases and federal laws in others, we understand that it can be confusing to determine your responsibilities to your workers. You can rely on our knowledge and experience for the help you need to make the right decisions in order to avoid potential risks to your business and your livelihood. Contact The Law Offices of Newman & Drukman to schedule a consultation.