Prevailing Wage and Supplement Requirements and Recordkeeping.
44 RCNY § 2-04
in effect§ 2-04 Prevailing Wage and Supplement Requirements and Recordkeeping.
(a) Applicable rates. The Prevailing Wage and Supplement rates that are required for Covered Work are the rates that are published and effective as set forth in 44 RCNY § 2-03(a) at the time that the Covered Work is performed.
(b) Prevailing Supplement rates.
(1) The obligation to pay Prevailing Supplements may be discharged by either the provision of (i) Bona Fide Fringe Benefits that cost no less than the Prevailing Supplement rate, (ii) a supplement to the hourly wage in an amount no less than the Prevailing Supplement rate, or (iii) a combination of Bona Fide Fringe Benefits and wage supplements that, collectively, costs no less than the Prevailing Supplement rate.
(2) The obligation to pay Prevailing Wages cannot be reduced or discharged through the provision of Bona Fide Fringe Benefits that cost more than the Prevailing Supplement rate. (3) The hourly cost of a Bona Fide Fringe Benefit provided by a Covered Employer to a Covered Worker under 44 RCNY § 2-04(b)(1) must be determined by dividing the total annual cost or contribution for providing such Bona Fide Fringe Benefit by the total annual hours of Covered Work and all other work performed by that Covered Worker for that Covered Employer. However, a Covered Employer that provides an hourly contribution for each hour of Covered Work to an individual account for a Covered Worker is credited for such hourly contribution.
(c) Required records.
(1) Covered Employers must maintain Documents consisting of the following records for six years after Covered Work is performed, must preserve the records immediately when notified by the Bureau of a compliance investigation, and must produce true copies of all such records within the time requested by the Bureau after notice of the right to counsel described in 44 RCNY § 2-05(f):
i) Contracts and subcontracts for Covered Work;
ii) Certified Payroll Reports for Covered Work;
iii) Daily Sign-In Logs for Covered Work;
iv) Weekly payroll records, registers or journals required by labor law Section 195(4);
v) Pay stubs or wage statements required by labor law sections 195(3) and 220(3-a)(a)(ii);
vi) All Documents and records concerning the cost of Bona Fide Fringe Benefits provided to Covered Workers, including but not limited to invoices, account statements, benefits remittance reports and benefits plan descriptions; and
vii) All Federal and State employment tax returns and filings, including but not limited to quarterly combined withholding, wage reporting, and unemployment insurance form NYS-45 returns; employers' quarterly Federal tax form 941 returns; wage and tax form W-2 statements; and miscellaneous income form 1099 statements.
(2) Each Covered Employer must maintain one weekly Certified Payroll Report for each project, contract or building on which it performs Covered Work. The Certified Payroll Report must set forth the names, addresses and trade classifications for all Covered Workers employed by the Covered Employer on the project, contract or building, as well as the hours and days of Covered Work, the hourly wage and supplement rates, and the weekly gross and net pay amounts for each Covered Worker. The Certified Payroll Report must be signed and affirmed to be true under penalties of perjury by an officer or principal of the Covered Employer.
(3) Each Covered Employer must maintain one Daily Sign-In Log for each project, contract or building on which it performs Covered Work. The Daily Sign-In Log must set forth the names, trade classifications, daily start and end times of Covered Work for, and must be signed by, each Covered Worker employed by the Covered Employer on the project, contract or building.
(4) Each Covered Employer must post a Worker Notice in a prominent and accessible place at each project, contract or building on which it performs Covered Work. The Worker Notice must attach schedules detailing the trade classifications and the corresponding Prevailing Wages and Supplements applicable to the Covered Work performed on that project, contract or building. On public work projects subject to the requirements of labor law article eight only, Covered Employers must instead of posting a Worker Notice post a Construction Poster in a prominent and accessible place at each work site. The Construction Poster must attach schedules detailing the trade classifications and the corresponding Prevailing Wages and Supplements applicable to the Covered Work performed on that public work project.
(5) Each Covered Employer must provide a Worker Notice to each employee performing Covered Work subject to the requirements of labor law article eight at the time it begins performing such public work project, and with the first paycheck to each such employee after July first of each year. The Worker Notice must attach schedules detailing the trade classifications and the corresponding Prevailing Wages and Supplements applicable to the Covered Work performed on that public work project.
(6) Each Covered Employer with employees performing Covered Work subject to the requirements of labor law article eight must provide pay stubs, as required by labor law sections 195(3) and 220(3-a)(a)(ii), for each work week to each such employee detailing the trade classifications and the corresponding Prevailing Wage rates applicable to such Covered Work performed by such employee in such work week.
(Amended City Record 6/29/2018, eff. 7/29/2018; amended City Record 11/21/2019, eff. 12/20/2019)
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/0-0-0-82826Fetched: 10/24/2026