Last updated on September 26th, 2022
While different industry groups have had mixed reaction to the Inflation Reduction Act’s prevailing wage provisions, on September 14 the New York State Department of Labor issued a proposed rule for prevailing wage for aggregate hauling. Public comments are being accepted until 60 days from the notice’s publication.
First, some background. As stated on the NYS Department of Labor website, “Under New York State Labor Law, contractors and subcontractors must pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract.” (You can find the schedule of prevailing wages from July 1, 2022 to June 30, 2023 here.)
On December 31, 2021, Section 220(3-a) of the Labor Law was enacted regarding prevailing wage for aggregate hauling. As noted in the September 14, 2022 NYS Register Rule Making Activities, “The Governor’s Approval Memorandum to Senate Bill 255-B stated: ‘I have reached an agreement with the Legislature to clarify that prevailing wage will be paid only at the worksite itself and for travel between the worksite and a designated central stockpile where aggregate supply construction materials are delivered. Prevailing wage will not apply to out of jurisdiction deliveries of aggregate supply materials to the designated central stockpile.’”
A subsequent amendment to Section 220(3-a)(f) introduced new terms – including “worksites,” “aggregate supply of construction materials” and “central stockpile – leaving questions about the law’s application.
The proposed rule sets out to define these terms as follows: “(a) Worksite means the area in which the improvements associated with a specific project, as defined in the construction contract, and any surrounding areas supporting that specific project. (b) Central stockpile means a location of centrally stockpiled materials solely dedicated for use on a public work project that is not part of a worksite but intended to support the worksite. (c) Aggregate supply construction materials” means sand, gravel, stone, crushed stone, dirt, soil, millings, and fill.”
The proposed application is as follows: “For the purposes of Section 220 of the Labor Law: (a) Prevailing wage shall be paid for work performed at a worksite involving the delivery of aggregate supply construction materials to such worksite. (b) Prevailing wage shall be paid for work performed involving the hauling of aggregate supply construction materials from a worksite to a central stockpile, as well as any return hauls, empty or loaded, time spent loading or unloading at a worksite, and time spent loading or unloading at a central stockpile related to hauls from or to a worksite. (c) Prevailing wage shall be paid for work performed within a 50-mile radius of a worksite involving the delivery of aggregate supply construction materials from a vendor of aggregate supply construction materials, such as a plant or quarry, to a worksite, except prevailing wage shall not be paid to direct employees of a supplier of aggregate supply construction materials, when making a single delivery in a given day.”
To obtain text of the proposed rule, as well as required statements and analysis, or to comment on the rule, write to Jill Archambault, Department of Labor, Building 12, State Office Campus, Room 509, Albany, NY, (518) 485-2191 or email: regulations@labor.ny.gov.
While RBT CPAs is not an expert in labor law – you’ll have to consult your legal counsel for that – we do know accounting, audits, bookkeeping, and taxes. If you need some extra time to stay up to speed on all the laws and changes governing wages, you can depend on RBT CPAs to handle your accounting and related needs with the highest levels of professionalism and ethics. We’re proud to have served businesses and municipalities in the Hudson Valley and beyond for over 50 years. To learn what we can do for you, give us a call.