Wages and Supplements To Be Paid.
44 RCNY § 6-03
in effect§ 6-03 Wages and Supplements To Be Paid.
(a) A Construction Employer must pay each Construction Employee no less than the applicable minimum hourly rate of Wages and Supplements set forth in paragraph (a), (b) or (c) of subdivision 3 of § 485-x of the RPTL, as applicable, for Construction Work unless such employer is exempt from such obligation as to such employee pursuant to subdivision (k) of this section.
(b) An Applicant, an Owner, and a Construction Employer shall be jointly liable for any violation of the Construction Wage Requirement with respect to a Construction Employee, without regard to whether such Construction Employee was employed by such Applicant or Owner.
(c) The Wages and Supplements required to be paid in accordance with the Construction Wage Requirement shall be based on the rates set forth in the Construction Worker Schedule or Construction Apprentice Schedule for the craft, trade or occupation of the Construction Employee, as modified by paragraphs (a), (b) or (c) of subdivision 3 of § 485-x of the RPTL.
(d) Where a Construction Employee’s rate of pay is the specified dollar amount required by paragraphs (a), (b) or (c) of subdivision 3 of § 485-x of the RPTL, the Prevailing Supplemental Benefits Rate may not exceed 50% of the total Wages and Supplements required to be paid to such employee, unless such employer is exempt from such obligation as to such employee pursuant to subdivision (k) of this section.
(e) The obligation to provide Supplemental Benefits may be discharged or reduced by:
(1) providing Bona Fide Fringe Benefits for which the hourly cost to the Construction Employer is equal to or higher than the Prevailing Supplemental Benefits Rate; or
(2) increasing the Construction Employee’s Wages by an amount equal to or higher than the Prevailing Supplemental Benefits Rate; or
(3) providing a combination of Bona Fide Fringe Benefits and hourly wages which collectively cost the Construction Employer no less per hour than the Prevailing Supplemental Benefits Rate.
(f) The hourly cost of Bona Fide Fringe Benefits provided by a Construction Employer to a Construction Employee is calculated by dividing the total cost or contribution for providing such Bona Fide Fringe Benefits, on an annual basis, by the total hours of Construction Work and all other work performed by such Construction Employee for such Construction Employer for the year at issue. However, a Construction Employer that provides an hourly contribution for Construction Work to an individual retirement account for a Construction Employee is credited for such hourly contribution.
(g) The Construction Wage Requirement cannot be reduced or discharged by the provision of Bona Fide Fringe Benefits that cost more than the Prevailing Supplemental Benefits Rate for a classification, or by the payment of any payroll taxes by the Construction Employer or payments and benefits that are required by federal, state or local law, such as workers’ compensation insurances, New York State unemployment insurance, New York State disability insurance, metropolitan commuter transportation mobility tax, federal unemployment insurance and payments and benefits pursuant to the Federal Insurance Contributions Act.
(h) The greatest prevailing rate of Wages and Supplements within a classification, as referenced in paragraphs (b) and (c) of subdivision 3 of § 485-x of the RPTL, means the highest rate of Wages and Supplements listed for a specific job classification in the Construction Worker Schedule or Construction Apprentice Schedule, as applicable. When a classification provides for varying rates of Wages and Supplements based on the number of years of employment in the industry, the highest rate of pay must be used, regardless of a particular worker’s actual years of experience in the industry. Where there is only one rate of Wages and Supplements within a title in the Construction Worker Schedule or Construction Apprentice Schedule, as applicable, such rate shall be the greatest prevailing rate of Wages and Supplements within a classification, as illustrated in Example 1 below. Where a title contains multiple classifications that reflect different work duties, the greatest prevailing rate of Wages and Supplements within a classification refers only to the particular classification, and not to other classifications within the same title, as illustrated in Example 2 below.
Example 1: The Core Driller Helper classification in the Construction Worker Schedule provides four different rates for employees with one (1), two (2), three (3), and more than three (3) years of employment in the industry. The greatest prevailing rate of Wages and Supplements for this classification refers to the rate for workers with more than three (3) years of employment in the industry. Accordingly, the rate of Wages and Supplements required to be paid to a Construction Employee performing Core Driller Helper work on a Covered Site must be calculated based on the rate of Wages and Supplements for a Core Driller Helper with more than three (3) years of employment in the industry, regardless of the particular Construction Employee’s actual years of experience in the industry.
Example 2: The Driver: Truck title contains three classifications, Driver–Dump Truck; Driver–Tractor Trailer; and Driver–Euclid & Turnapull Operator. Although all three classifications fall under the title of Driver: Truck, they are independent classifications reflecting different work duties. Accordingly, the rate of Wages and Supplements required to be paid to a Construction Employee working in the Driver–Dump Truck classification must be calculated based on the rate of Wages and Supplements listed in the Driver–Dump Truck classification. The rates of Wages and Supplements for the Driver–Tractor Trailer and Driver–Euclid & Turnapull Operator classifications are not relevant for this calculation.
Example 3: The Cement and Concrete Worker title in the Construction Apprentice Schedule has varying rates for the first 1333 hours, second 1333 hours, and last 1334 hours of work performed in that title. Accordingly, the rate of Wages and Supplements required to be paid to an Apprentice performing Cement and Concrete work on a Covered Site must be calculated based on the rate of Wages and Supplements for the last 1334 hours of work performed in that title by an Apprentice, regardless of the actual number of Cement and Concrete work hours completed by the individual Apprentice.
(i) Overtime, Weekend and Holiday Hours Pay.
(1) A Construction Employee may work more than eight hours per day or forty hours per week; provided that where the Construction Employee’s rate of pay is based on a percentage of the greatest prevailing rate of Wages and Supplements in a classification, the pay for overtime, weekend, and holiday hours must be based on the overtime, weekend, and holiday rates set forth in the Construction Worker Schedule or Construction Apprentice Schedule, as applicable, for such employee’s classification.
(2) Where the Construction Employee’s rate of pay is the specified dollar amount required by paragraphs (a), (b) or (c) of subdivision 3 of § 485-x of the RPTL, the rate of pay for overtime, weekend, and holiday hours must be calculated by multiplying the rate of pay for the corresponding rates and hour thresholds set forth in the Construction Worker Schedule or Construction Apprentice Schedule, as applicable, for such employee’s classification. For example, where a Construction Employee earns $40.00 per regular hour in a classification for which Sunday pay is double the regular rate of pay, such Construction Employee must be paid $80.00 per hour for each hour worked on a Sunday.
(j) Delivery and Hauling.
(1) When delivery or hauling is performed on a Covered Site, the Bureau will evaluate a combination of factors to determine whether such delivery or hauling constitutes Construction Work, including the length of time physically spent by the driver or delivery person on the Covered Site; the extent and nature of the driver or delivery person’s involvement with the overall construction project; the location of the delivery; whether there are single or multiple deliveries; and the type of materials delivered.
Example 1: A truck driver makes a single delivery of bathroom fixtures to the Covered Site, leaving the fixtures at the entry of the Covered Site and spending less than ten minutes on the Covered Site. Such work would not be covered by the Construction Wage Requirement because the time spent and level of involvement are limited, and the fixtures are not part of the initial forming, making or building of the Eligible Multiple Dwelling.
Example 2: A truck driver delivers cement to the Covered Site to be used to form parts of the building, spending approximately one hour on the Covered Site pouring the cement. Such work would be covered by the Construction Wage Requirement because the driver spent a substantial amount of time on the site and the cement is part of the initial forming, making or building of the Eligible Multiple Dwelling.
(k) Exclusions from Construction Wage Requirement.
(1) A Covered Site shall be excluded from the Construction Wage Requirement where the performance of all Construction Work on such site is regulated by a Project Labor Agreement.
(2) An Applicant, Owner and Construction Employer shall be excluded from the Construction Wage Requirement with respect to Construction Employees performing Construction Work on a Covered Site, where such work is regulated by a Collective Bargaining Agreement or Jobsite Agreement that expressly waives the requirements of paragraphs (a), (b), (c) and (d) of subdivision (3) of RTPL § 485-x. Any exclusion pursuant to this paragraph shall apply only to the Construction Work performed by the Construction Employees covered by the Collective Bargaining Agreement or Jobsite Agreement containing such waiver, as applicable.
(Added City Record 6/30/2026, eff. 7/30/2026)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-155820Fetched: 10/24/2026