New York Consolidated Laws

N.Y. Labor Law § 231 (2026)

Prevailing wage

✓ current as of May 2026
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§ 231. Prevailing wage. 1. Every contractor shall pay a service
employee under a contract for building service work a wage of not less
than the prevailing wage in the locality for the craft, trade or
occupation of the service employee.
  2. The obligation of a contractor to pay prevailing supplements may be
discharged by furnishing any equivalent combinations of fringe benefits
or by making equivalent or differential payments in cash under rules and
regulations established by the fiscal officer.
  3. Each contract for building service work shall contain as part of
the specifications thereof a schedule of the wages required to be paid
to the various classes of service employees on such work, and each such
contract shall further contain a provision obligating the contractor to
pay each employee on such work not less than the wage specified for his
craft, trade or occupation in such schedule.
  4. The public agency, or appropriate officer or agent thereof, whose
responsibility it is to prepare or direct the preparation of the plans
and specifications for a contract for building service work, shall
ascertain from such plans and specifications the classifications of
employees to be employed on such work and shall file a list of such
classifications with the fiscal officer, together with a statement of
the work to be performed. The fiscal officer shall determine the crafts,
trades and occupations required for such work and shall make a
determination of the wages required to be paid in the locality for each
such craft, trade or occupation. A schedule of such wages shall be
annexed to and form a part of the specifications for the contract prior
to the time of the advertisement for bids on such contract and shall
constitute the schedule of wages referred to in subdivision three of
this section.
  5. Upon the award of a contract for building service work by a public
agency other than a city, the contracting public agency shall
immediately furnish to the commissioner: (a) the name and address of the
contractor to whom the contract was awarded; (b) the date when the
contract was awarded; and (c) the approximate consideration stipulated
for in the contract.
  6. No later than the first day upon which work on said contract is
performed by any employee, the contractor shall post in a prominent and
accessible place on the site of the work a legible statement of the
wages to be paid to the workmen employed thereon.
  7. (a) An apprentice in a craft or trade may be permitted to work at a
wage lower than that established for the journeymen in such craft or
trade only if all of the following conditions have been met:
  (1) such apprentice has been individually registered in an
apprenticeship program which is duly registered with the industrial
commissioner in conformity with the provisions of article twenty-three
of this chapter;
  (2) such apprentice's registration occurred prior to his employment as
an apprentice on such service work; and
  (3) written proof of such individual registration is submitted to the
contracting public agency prior to such apprentice's employment as an
apprentice. The proof submitted shall include evidence of the
appropriate ratios and apprentice's wage rates.
  (b) In no event shall the ratio of apprentices to journeymen employed
on such service work be greater than the lesser of the following ratios:
  (1) the ratio permitted in the apprenticeship program approved by the
industrial commissioner; or
  (2) the ratio prevailing in the locality where the service work will
be performed.
  (c) The rate of wages established for apprentices shall be the
prevailing rate as determined in accordance with this article.
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1985–2024 · leading case: Feher Rubbish Removal, Inc. v. New York State Dep't of Labor, 28 A.D.3d 1 (N.Y. App. Div. 2005).
Feher Rubbish Removal, Inc. v. New York State Dep't of Labor, 28 A.D.3d 1 (N.Y. App. Div. 2005). · cites it 11× “At issue in these appeals is *3 whether Labor Law § 231 (1) requires employers to pay the prevailing wage to their employees who collect garbage or refuse from private buildings pursuant to contracts between the employers and municipalities.”
Pegasus Cleaning Corp. v. Smith, 73 A.D.3d 1328 (N.Y. App. Div. 2010). “In September 1997, petitioner Pegasus Cleaning Corporation (hereinafter petitioner) entered into a two-year contract with the Office of General Services to provide janitorial services for a state office building and, pursuant to the terms of the contract, was required to pay its…”
Stennett v. Moveway Transfer & Storage, Inc., 97 A.D.3d 655 (N.Y. App. Div. 2012). · cites it 5× “the facts alleged in the amended complaint as true, and according the plaintiff the benefit of every favorable inference, the Supreme Court properly granted that branch of the defendant’s motion which was to dismiss, for failure to state a cause of action, the statutory cause of…”
Matter of Exec. Cleaning Servs. Corp. v. New York State Dept. of Labor, 2021 NY Slip Op 00461 (N.Y. App. Div. 2021). · cites it 2× “In 1971, the Legislature enacted article 9 of the Labor Law, which extended such prevailing wage protections to certain types of service contracts ( see Labor Law § 231 [1]; Matter of Murphy's Disposal Servs.”
Machuca v. Collins Bldg. Servs., Inc., 2024 NY Slip Op 50281(U) (N.Y. Sup. Ct., New York Cty. 2024). · cites it 4× “) At least two potential prevailing-wage provisions apply here: Labor Law § 231 and New York City Administrative Code § 6-130.”
Metro. Movers Ass'n v. Liu, 95 A.D.3d 596 (N.Y. App. Div. 2012). “Specifically, Labor Law § 231 (1) provides that £ [e]very contractor shall pay a service employee under a contract for building service work a wage of not less than the prevailing wage in the locality for the craft, trade or occupation of the service employee.”
Matter of Lewis Tree Serv., Inc. v. Fire Dep't of the City of New York, 27 Wage & Hour Cas. (BNA) 824 (NY 1985). “Although petitioner appears to have been the lowest bid *669 der, the Fire Department declined to award it the contract because of a previous determination by the Comptroller that it had violated the provisions of Labor Law § 231(2) in that it had failed to pay some 15…”
Machuca v. Collins Bldg. Servs., Inc., 2024 NY Slip Op 30816(U) (N.Y. Sup. Ct., New York Cty. 2024). · cites it 4× “Labor Law § 231 (1) requires every “contractor” to pay prevailing wages to “service employee[s] under a contract for building service work.”
Stennett v. Moveway Transfer & Storage, Inc., 97 A.D.3d 655 (N.Y. App. Div. 2012). · cites it 5× “the facts alleged in the amended complaint as true, and according the plaintiff the benefit of every favorable inference, the Supreme Court properly granted that branch of the defendant’s motion which was to dismiss, for failure to state a cause of action, the statutory cause of…”
Syracuse Haulers Waste Removal, Inc. v. New York State Dep't of Labor, 28 A.D.3d 9 (N.Y. App. Div. 2005). “It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the first decretal paragraph and amending the declaration to provide as follows: “It is ADJUDGED AND DECLARED that, pursuant to Labor Law § 231 (1),…”
— N.Y. Labor Law § 231(2) — 1 case
Matter of Lewis Tree Serv., Inc. v. Fire Dep't of the City of New York, 27 Wage & Hour Cas. (BNA) 824 (NY 1985). “Although petitioner appears to have been the lowest bid *669 der, the Fire Department declined to award it the contract because of a previous determination by the Comptroller that it had violated the provisions of Labor Law § 231(2) in that it had failed to pay some 15…”
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