Relates to the inclusion of certain off-site custom fabrication as public work for the purposes of payment of prevailing wage

Prevailing wages for off-site custom fabrication workers

Workers making qualifying custom parts for New York public works projects must receive the project's county-level, on-site prevailing wage. This applies whether they work on-site, off-site, or outside New York. Covered fabricators are not treated as material suppliers for wage purposes. The work must be required by the contract and designed and engineered specifically for the project's construction, repair, or renovation. It must form a significant portion of the building or work, arriving with little work left beyond installation or assembly. Examples include wall panels, woodwork, electrical and plumbing systems, heating and cooling systems, ducts, rebar cages, and mechanical insulation. When federal funding triggers federal wage rules, those rules apply instead. Employers must keep certified payrolls for off-site workers and send original certifications to New York's Labor Department at least annually and upon request. The agency overseeing the contract must report planned off-site fabrication to the fiscal officer, regardless of contract size. Reports must list the fabricator's name and address, materials and quantities, estimated and actual costs, and estimated worker count. The law takes effect 180 days after enactment and covers only contracts put out to bid on or after that date. Authority to prepare needed rules begins immediately.