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New York prevailing wage and certified payroll

New York has its own prevailing-wage law (Labor Law Article 8 (public work) / Article 9 (building service)) on top of federal Davis-Bacon.

State law

Labor Law Article 8 (public work) / Article 9 (building service)

Applies to contracts

No minimum: every public-works contract

Certified payroll

Electronic certified payroll (bulk XML or online entry) to NYSDOL at least every 30 days — mandatory for payrolls from Jan. 1, 2026; $100/day after a 14-day grace period.

Daily overtime

After 8 hours in a day, set on the job automatically.

In CertifyWage

NYSDOL e-CPR XML produced from the same week as the WH-347.

Notes

Overtime, weekend and holiday rules are per trade from the schedule's code legend (handled in the app).

Federal rules that apply in New York too

Davis-Bacon

Federal and federally assisted construction contracts over $2,000 carry a wage determination from SAM.gov. Every laborer and mechanic is paid at least the listed base rate plus fringe for the classification of work actually performed.

Weekly certified payroll

The contractor and every subcontractor submit a certified payroll each week work is performed, with a signed Statement of Compliance. The U.S. Department of Labor’s optional form is the WH-347 (Rev. January 2025).

Overtime

On covered contracts over $100,000, the Contract Work Hours and Safety Standards Act requires time and a half of the basic rate for hours over 40 in a workweek. Fringe benefits are not multiplied.

Records

Payroll records are kept for at least three years after the work is completed and made available to the contracting agency and the Department of Labor on request.

The contracting agency’s instructions control when they differ from this summary. Get started or see every state.

New York Prevailing Wage & Certified Payroll Rules — CertifyWage