[AFMUG] Prevailing Wage

[dmmoffett]

There's a new rule in NY State:
https://legislation.nysenate.gov/pdf/bills/2023/a5608

https://dol.ny.gov/system/files/documents/2023/12/enforcement-guidance-roadw
ay-excavation-quality-assurance-act-update-3.pdf

 

'a "Covered excavation project" shall mean construction work for which a
permit may be issued to a contractor or subcontractor of a utility company
by the state, a county or a municipality to use, excavate, or open a street.
'

 

Intentionally or not, they put the word "use" in that sentence.  The DOL
issued that enforcement guidance saying it means any time you are working
"in, on, or under" a street.  Basically, if you're working as a contractor
on a job that needs any kind of permit from a state, local, or county to
work in their ROW then you have to pay prevailing wage.  That's regardless
of whether it's a state job or not.  This does not apply to in-house
employees or work outside the ROW.  This is going to cause some waves for a
lot of us in NY State.

 

If I can get the "prevailing" $54/hour as a lineman on almost every job,
then I might quit this "Network Engineering" thing and just be a builder.  

 

So where do federal and state labor departments get their data to determine
"prevailing wage"?  I have never met a tradesman of any sort who made
prevailing wage outside of when the government mandates it, and I have never
understood how it was "prevailing" if nobody seems to actually get that
wage. Is it a selection bias issue like maybe they're only getting data from
large union shops?  

 

-Adam

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Re: [AFMUG] Prevailing Wage

[Mark Radabaugh]

The number comes from the unions and includes all of the retirement, health 
care, vacation, and other benefits in the amount.   It’s not the employees pay 
rate on the check.

Mark



> On Dec 15, 2023, at 9:08 AM, dmmoff...@gmail.com wrote:
> 
> There’s a new rule in NY State:
> https://legislation.nysenate.gov/pdf/bills/2023/a5608
> https://dol.ny.gov/system/files/documents/2023/12/enforcement-guidance-roadway-excavation-quality-assurance-act-update-3.pdf
>  
> 'a "Covered excavation project" shall mean construction work for which a 
> permit may be issued to a contractor or subcontractor of a utility company by 
> the state, a county or a municipality to use, excavate, or open a street. '
>  
> Intentionally or not, they put the word “use” in that sentence.  The DOL 
> issued that enforcement guidance saying it means any time you are working 
> “in, on, or under” a street.  Basically, if you’re working as a contractor on 
> a job that needs any kind of permit from a state, local, or county to work in 
> their ROW then you have to pay prevailing wage.  That’s regardless of whether 
> it’s a state job or not.  This does not apply to in-house employees or work 
> outside the ROW.  This is going to cause some waves for a lot of us in NY 
> State.
>  
> If I can get the “prevailing” $54/hour as a lineman on almost every job, then 
> I might quit this “Network Engineering” thing and just be a builder.  
>  
> So where do federal and state labor departments get their data to determine 
> “prevailing wage”?  I have never met a tradesman of any sort who made 
> prevailing wage outside of when the government mandates it, and I have never 
> understood how it was “prevailing” if nobody seems to actually get that wage. 
> Is it a selection bias issue like maybe they’re only getting data from large 
> union shops?  
>  
> -Adam
> -- 
> AF mailing list
> AF@af.afmug.com 
> http://af.afmug.com/mailman/listinfo/af_af.afmug.com

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