Prevailing Wage Violations

Public Project Doesn’t Mean Public Exploitation

You show up early, strap on your gear, and put in a full day’s work on a public job site. But then your paycheck shows up short, or worse, doesn’t reflect the rate you were promised. It’s more than frustrating. It’s theft. If you're not being paid the prevailing wage, your employer isn't just shorting you, they're breaking the law.

At Horn Wright, LLP, our employment law attorneys represent New Yorkers who’ve been underpaid on public works projects. We know how contractors bend the rules, and we know how to make them answer for it. Whether you’re laying bricks, sweeping hallways, or running electrical wire, you deserve what the law guarantees.

What Prevailing Wage Means in New York Public Works

In New York, if you’re working on a government-funded project, you should be getting a wage that reflects what’s standard in your trade and region. That’s what prevailing wage means, and it’s backed by New York Labor Law Articles 8 and 9. These laws were written to protect workers from being lowballed by contractors looking to cut corners.

The New York State Department of Labor (NYSDOL) sets these rates each year, based on local union pay scales. It doesn’t matter whether you belong to the union or not. If the job is public, the rate applies.

The federal Davis-Bacon Act (40 U.S.C. § 3141) echoes these protections on federally funded projects. It mandates that laborers and mechanics receive the same minimums for wages and benefits as union workers in their area.

Which Projects and Workers Are Covered

Not every job qualifies, but many do. If public money is funding the project, New York’s prevailing wage rules likely apply. These laws cover construction, maintenance, and service contracts under Article 9 of the state labor law.

You're likely covered if you’re:

• A carpenter, laborer, or tradesperson building or renovating a public structure
• A cleaner, cafeteria worker, or guard working in a public facility
• A subcontractor or day laborer doing work paid for with taxpayer funds

Even if your paycheck comes from a private company, it’s the funding source that matters. NYSDOL ultimately decides whether your job qualifies, and if they say yes, your employer has to pay up.

How Contractors Violate Prevailing Wage Standards

Most violations aren’t accidents. Contractors know the law. But they also know workers might not. They’ll get creative with job titles, split hairs over tasks, or “forget” to add benefits to your pay. Here’s what to watch for:

• Job misclassification: You operate heavy equipment but get paid as a general laborer
• Missing overtime: You work 45 hours but only get straight-time pay
• Fringe benefit scams: They skip health coverage but don’t pay the cash equivalent

New York Labor Law §220 demands that employers pay based on actual work performed. That means they can’t assign you a cheap title just to cut your rate. And if they do, they can face stiff penalties and be barred from future public work.

What You Should Be Paid on State-Funded Jobs

Your hourly rate should match what your trade earns in your county, including benefits. For example, an electrician in Westchester County may be entitled to $52.50 per hour in base wages plus $34.20 in supplemental benefits. That’s $86.70 an hour in total compensation.

Benefits aren’t optional. If your employer doesn’t offer health insurance or retirement plans, they’re legally required to pay you more in cash to make up the difference. This isn’t a perk. It’s the law, enforced through the NYSDOL’s wage schedules.

Employers can’t cherry-pick which parts of your compensation to follow. It’s all or nothing. And if they fail to meet the full standard, you may be owed thousands.

How to File a Prevailing Wage Complaint in New York

Reporting a violation starts with gathering proof. The NYSDOL’s Bureau of Public Work handles these claims and takes them seriously. They’ll investigate and can force contractors to repay you.

Gather these before filing:

• Timecards, job logs, or text messages that show your hours and tasks
• Job site addresses and the name of the contractor
• Any pay stubs or documentation of your wage rate

Once the NYSDOL receives your complaint, they’ll compare your duties to the proper wage rate. If they find you were underpaid, they can order restitution, penalties, and liquidated damages under Labor Law §220-g. You also have the option to sue in court, especially if your employer retaliates, which is illegal under Labor Law §215.

Common Missteps That Delay Recovery

You’ve got five years to file under New York Labor Law §220, but delays and errors can hurt your claim. Don’t let a contractor convince you that you’re not covered. Check with the NYSDOL directly or get legal advice.

Other mistakes to avoid:

• Believing fringe benefits don’t count toward your pay
• Failing to keep track of your hours and duties yourself
• Waiting too long to speak up or gather proof

Some employers use shell companies or change job codes mid-project. These tricks make claims harder to trace, but not impossible. If you’re persistent and backed by accurate info, you can still win.

How New York Prevailing Wage Laws Differ from Those in Maine

New York’s laws are tougher and more expansive than those in states like Maine. In Maine, prevailing wage only kicks in for state-funded construction jobs over $50,000. New York has no such limit. If taxpayer money funds the job, the rules apply, period.

New York Labor Law §220(3-a) also requires certified payroll submissions, which helps track violations in real time. Maine lacks those tracking tools and has fewer protections for service workers, who are covered in New York under Article 9.

That means New York not only casts a wider net, it has more teeth when enforcing violations.

What You Can Recover and When to Act

If your paycheck came up short, here’s what you might be entitled to:

• Back pay covering all underpaid hours over five years
• Interest under CPLR §5001 on every unpaid dollar
• Liquidated damages worth up to 100% of your back wages under §220-g
• Legal costs and attorney’s fees if you go to court and win

Contractors who violate prevailing wage laws repeatedly can be barred from public contracts for up to five years. That’s the law’s way of saying: treat workers right or lose the job.

You don’t need to wait for things to get worse. If you suspect you’ve been underpaid, now’s the time to act. At Horn Wright, LLP, our employment law attorneys have helped public workers across New York recover tens of thousands in unpaid wages. We’ve been recognized for our results, and we’re ready to fight for yours.