NEW PREVAILING WAGE NOTICE - 2/24/08

• Labor Law Section 220 3-a. was recently amended (S62040, A90952) to require that employers notify workers on their pay stubs of the prevailing wage rate for their classification.  The penalty for the first violation is $50.00.  The actual text of the law, effective February 24, 2008, is provided below. 

“The contractor and every sub-contractor shall notify all laborers, workers or mechanics in their employ in writing of the prevailing rate of wage for their particular job classification.  Such notification shall be given to every laborer, worker or mechanic on their first pay stub and with every pay stub thereafter.  At the beginning of performance of every public works contract, and with the first paycheck after July first of each year, the contractor and every subcontractor shall notify all laborers, workers, and mechanics in their employ in writing, in accordance with such form as is prescribed by the department, of the telephone number and address for the department.  The notice shall also inform each laborer, worker, or mechanic of his or her right to contact the department or some other representative if, at any time while working for the public works contractor or sub-contractor, he or she does not receive the proper prevailing rate of wages or supplements for his or her particular job classification that he or she is entitled to receive under the contract.  If after investigation the commissioner finds that a contractor or sub-contractor has (1) failed to post any notice required under this subdivision, (2) failed to set forth the prevailing wage on the pay stub, (3) willfully posted the incorrect prevailing wage, or (4) willfully set forth the incorrect prevailing wage on the pay stub, the commissioner, shall by an order which shall describe particularly the nature of the alleged violation, assess the contractor or sub-contractor a civil penalty of not more than fifty dollars upon the first finding of a violation, two hundred fifty dollars upon the second finding of a violation, and five hundred dollars for each subsequent violation.  In assessing the amount of the penalty, the commissioner shall give due consideration to the size of the employer’s business, the good faith of the employer, and the gravity of the violation.”