The Labor Law Compliance Division (LLC) enforces labor laws and contractual obligations that require construction workers on SCA projects to be paid legally required prevailing wages and benefits for their individual trade classification (e.g., carpenter, electrician, plumber, etc.).
SCA contractors and subcontractors are required to use the LCMS system to submit both Certified Payrolls (CPRs) & Daily Signature Logs (DSLs).
Please note:
SCA University (SCA-U) is an online, centralized training platform that offers Contractors, Project Officers and Construction Managers an overview of LCMS, as well as thorough, hands-on training of the system. This training session must be completed to gain entry to LCMS. After signing up to SCA University, users will have access to register to their designated LCMS training class.
Please Note:
There are Project Labor Agreements (PLA) in place covering specified rehabilitation and renovation work performed by SCA contractors. The PLA governs the relationship between the SCA, its contractors, and labor with respect to specified rehabilitation and renovation work. A PLA establishes the terms and conditions of employment for this designated construction work. The agreement applies to all contractors and subcontractors who successfully bid on the project. Only contractors and subcontractors who are either signatory with one or more of the unions that signed the PLA, or who sign a Letter of Assent (formerly an Affidavit of Project Labor Agreement) for the project can perform SCA construction work that is subject to the PLA.
There are SCA PLAs for three time periods: one covers Fiscal Years 2010-2014, one covers Fiscal Years 2015-2019 (as extended to part of 2020) and one for Fiscal Years 2021-2025.
PLA Documents
Q. What SCA projects are subject to the 2015-2019 PLA?
A. The SCA Project Labor Agreement known as PLA-C covers rehabilitation and renovation work performed on New York City public schools pursuant to funds authorized under the Capital Improvement Program and Restructuring Programs (CIP) for Fiscal Years 2015 to 2019. Subsequently, this PLA was extended to apply to CIP projects bid up until August 25, 2020. This includes demolition, reconstruction, rehabilitation and renovation work. See Article 3 Section 1 of PLA-C for a scope of what work is covered. Following is a link to the PLA and other important information: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10.
Q. What about SCA projects that were bid on or after August 25, 2020?
A. PLA-C applies only to contracts awarded up to this date. If a PLA contract was bid on or after August 25, 2020, the project would fall under the terms and conditions of the new PLA, known as PLA-D. The PLA that was in effect when a particular SCA contract began will apply from start to finish. See Article 3 Section 1.1.
Q. What SCA projects are not subject to the PLA?
A. The Project Labor Agreement does not apply to contracts let and work performed for SCA new Capacity contracts, (including new building construction and additions to existing facilities); contracts let and work performed for lease build out construction; contracts let and performed by the NYC Department of Education, and more. See Article 3 Section 1 for a list of what SCA work this PLA covers and does not apply to. Nonetheless, all non-PLA public construction work is subject to Prevailing Rate requirements: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ to view the most current NYC schedule of prevailing wages and benefits. Contracts awarded pursuant to the PLA have modified labor standards for shift, premium, and overtime outside the regular workday.
Q. Does a contractor need to be signatory with a union in the NYC Building and Construction Trades Council (BCTC) in order to bid on projects under the PLA?
A. No. Any contractor may bid by signing and agreeing to all of the terms and conditions of the PLA. The contractor need not be signatory with these unions by any other labor agreement or for any other project. However, please note that the SCA only awards contracts to firms that are prequalified (with the exception of vendor contracts valued under $10,000). Prequalified contractors are firms that have submitted a complete online prequalification application to the SCA and been approved to do business with the SCA. Following is a link with more information about prequalification at the SCA: http://www.nycsca.org/Doing-Business/Prequalification-Process
Q. Does a contractor agreeing to the PLA and signing the Affidavit of PLA Participation/Letter of Assent create a labor agreement with these BCTC unions outside of the project covered by the PLA?
A. No, the PLA applies only to those projects that the contractor agrees to perform under the PLA and makes no labor agreement beyond those projects. Contractors do not need to sign any additional agreements (e.g., a collective bargaining agreement or CBA) with a union aside from the Affidavit of PLA Participation (now known as a “Letter of Assent”) to work on a PLA project. See Article 2, Sections 3 and 7.
Q. Do the provisions of the PLA apply equally to subcontractors as well as contractors, and how does the PLA affect the subcontractors that a bidder may use on the project?
A. Yes, the PLA applies to subcontractors, and all subcontractors performing program work must agree to become party to the PLA. Subject to the SCA’s approval of subcontractors, a contractor may use any sub (union or non-union), as long as the subcontractor signs an Affidavit of PLA Participation/Letter of Assent. See Article 2, Section 3. Following is a link to the PLA standard Letter of Assent: http://www.nycsca.org/Vendor/Labor-Law-Compliance#Project-Labor-Agreement-10
Q. In order to be found responsive, are bidders required to submit Letters of Assent signed by proposed subcontractors with their bid?
A. No. However, subcontractors performing PLA program work will be required to sign the Affidavit of PLA Participation/Letter of Assent prior to being considered for approval on a specific project by the SCA.
Q. May a contractor or subcontractor use any of its existing employees to perform this PLA work?
A. Generally, labor will be referred to the contractor from the respective local BCTC unions. Signatory union contractors will employ new workers the same way they hire them for any other project, typically through the union hiring hall. The limited but important exceptions to this Union Referral provision can be found in Article 4 Section 2.
Q. What are some of the key provisions of the new PLA that certified MWLBE contractors in the SCA Mentor or Graduate Mentor program need to know about?
A. Pursuant to PLA-C, the value of SCA contracts that can be performed by Mentor and Graduate Mentor firms is $1 million. See Article 3 Section 1 (2). Prior to submission of a bid, Mentor and Graduate Mentors must decide whether or not they will perform the work under the PLA. If a Mentor or Graduate Mentor is not signatory to a BCTC union, it may choose to opt in and work under the terms of the new PLA and sign a Letter of Assent for a particular project, or it may choose to opt out and perform the work under Prevailing Rates but not under the terms of the PLA. If such a firm is already signatory with a BCTC union and is the winning bidder, the work must be performed pursuant to the PLA.
Also on projects valued at $1 million or less, non-signatory contractors in the SCA Mentor or Graduate Mentor program that opt in to the new PLA may employ their “core workforce” meeting the standards defined in PLA Article 4, Sections 2B & 2C. Please contact the SCA’s Labor Law Compliance Division by emailing laborLaw3030@nycsca.org about reviewing core workers before employing them on a PLA job. Like any other trade workers, core employees must be on Daily Signature Logs and certified payrolls. As additional workers are needed, they must be hired from the respective union for that trade. Contractors may also request by name and the union must honor referral of specified union journeypersons who are available for employment and who the contractor employed previously. See Section 4 Section 2B for details. If a Mentor or Graduate Mentor firm enters into a full CBA with a BCTC Union, the employees of the contractor must be allowed to join the union, subject to satisfying the union’s basic standards of proficiency for admission. See Article 4 Section 2D.
Q. May a contractor bring in union members from locals that are not signatory BCTC unions?
A. Referrals must be from the respective BCTC signatory locals on the PLA Union Telephone Contact List. Following is a link to the Union Contact List: https://www.nycsca.org/Doing-Business/Labor-Law-Compliance#PLA-490
Q. Does a non-union employee working under the PLA automatically become a union member?
A. No, a non-union core worker does not automatically become a union member by working on a project covered by the PLA. Nothing in the PLA requires employees to join a union or pay dues or fees to a union as a condition of working on the covered project. See Article 4 Section 3.
Q. How must a contractor meet its obligation to provide supplemental benefits to its employees under the new PLA?
A. Whether union or non-union, contractors must remit timely benefit contributions on behalf of all employees (including any non-union core workers) to the union employee benefit funds in the appropriate amounts designated in the SCA PLA Schedule “A” CBAs, provided that those benefits are required to be paid on public works under the prevailing wage law. See Article 11 Section 2A.The one limited exception is non-union contractors who designate core employees to work under the PLA; these firms may satisfy the supplemental benefit obligation if they set up or join a bona fide private benefit plan that satisfies the requirements of Section § 220 of the NYS Labor Law. See PLA Article 11, Section 2.
Q. When do Core Employees become eligible for union benefits?
A. Union benefit plans have their own rules and governing documents that determine eligibility; workers will become eligible for certain supplemental benefits at different points in time. Contractors who employ Core workers should speak with the respective union(s) as to benefit eligibility thresholds.
Q. What happens if a contractor or subcontractor fails to make required contributions to a designated employee benefit fund on behalf of workers?
A. Article 11 Section 2 of the PLA sets forth a process for unions and their employee benefit funds to address a general contractor or a subcontractor’s failure to make required payments. Upon notification by a union that a contractor is delinquent in its payment of benefits, and a determination by the SCA that the union has submitted appropriate documentation of such delinquency, the SCA will thereafter require the contractor to submit cancelled checks or other equivalent proof of payment of benefit contributions with certified payroll reports for work covered by this PLA on which the contractor is engaged. If the delinquency is not resolved, the SCA will withhold from amounts due to the general contractor that relates to the work of the delinquent contractor on the project an amount equal to what is owed to the employee benefit fund(s) and deduct such payment from the amounts otherwise due to the general contractor until the matter is settled. The SCA strongly advises contractors to read this section of the PLA carefully and to include appropriate provisions in subcontracts addressing these possibilities.
Q. Can a contractor use apprentices?
A. Contractors are permitted and encouraged to use registered apprentices within the allowable ratios between journeypersons and apprentices set by the New York State Department of Labor (NYSDOL). See Article 13 Section 1. The apprentices must be enrolled in a program certified by the NYSDOL.
Q. Who decides on the number of workers needed on a PLA project?
A. The contractor retains full and exclusive authority for the management of their operations, including the determination as to the number of employees to be hired and the qualifications therefore; and the promotion, transfer, and layoff of its employees; and the assignment and schedule of work, except if expressly limited by a specific provision of the PLA. See Article 6 Section 1.
Q. What happens if a local union does not provide a worker on a weekday within 48 hours from the request?
A. In the event that a union is unable to fill any request for qualified workers within a 48 hour period (Saturdays, Sundays and holidays excepted), a contractor may employ qualified labor from any other source. See Article 4 Section 2A. We suggest phone requests to the union for workers also be followed up in writing.
Q. May a contractor discharge a union labor referral for lack of productivity or other reasons?
A. Except as expressly limited by a specific provision of the PLA, a contractor retains full and exclusive authority for the management of their operations, including the right to discipline or discharge for just cause its employees. We suggest documenting any dismissals in writing. See Article 6 Section 1.
Q. May a contractor assign a management person to a PLA job site?
A. Yes. Managers/supervisors are not subject to the provisions of the PLA, so there is no restriction on management and/or other non-trade personnel, as long as such personnel do not perform trade work functions. See Article 3 Section 3. For insurance purposes, managers/supervisors should be listed on Daily Signature Logs and certified payrolls for their time on the job site.
Q. Can owners, supervisors or forepersons perform program work, i.e.
A. In general on PLA projects, signatory contractor owners, supervisors or forepersons cannot work with the tools (unless they are union members and the union rules allow this). Owners of non-union MWLBE firms can performed covered work if they are approved as a qualified “Core Worker” following the procedure specified in Article 4 Section 2. In this instance, they must pay themselves at a minimum the same PLA wages and benefits as other workers in that trade. As regards to non-PLA projects, there is nothing in the New York State Labor Law that prevents owners, supervisors and/or forepersons from working with the tools as long as they are paid at the prevailing rate for the classification of work being performed. This work must be reported as such in certified payroll reports. Some unions may have rules in their CBA’s restricting this practice.
Q. Are owners and supervisors required to be paid prevailing wages when they are they are strictly supervising the work (but not performing covered work)?
A. When strictly overseeing workers, owners and supervisors are not subject to the provisions of the PLA and are not covered under Article 8 of the NYS Labor Law prevailing rate requirements. However, their hours worked on the job site as a manager or supervisor should still be detailed in the certified payrolls.
Q. Are Shop Stewards allowed on PLA jobs and what type of work can they perform?
A. Each union has the right to designate a journeyperson as a Steward and an alternate where there is more than one employee in that trade on the project. All Stewards must be working Stewards (i.e., they must perform program work). In addition, Stewards may perform other tasks such as receiving complaints or grievances from other employees of the Steward’s trade. Stewards may not determine when overtime is worked and they are entitled to the same rates of pay as other employees of that trade. See Article 5 Sections 2 and 3.
Q. How much do security guards on SCA construction projects have to be paid, and should they sign in and out on Daily Signature Logs?
A. The Minimum Wage Act (Article 19 of the NYS Labor Law) requires that all employees in New York State receive at least the applicable hourly minimum wage rate. Security guards protecting SCA job sites must be paid at least the minimum rate; for more information, go to https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm. For insurance purposes, security guards should be listed on Daily Signature Logs and certified payrolls for their time on the construction site.
Q. Does PLA-C provide a standard work day across all the signatory trades?
A. Yes, the standard PLA-C work week is eight hours, Monday through Friday. With approval by the SCA, the PLA also permits a contractor to schedule a four-day (within Monday through Friday) work week, ten hours per day at straight time. Contractors cannot schedule workers for less than a full day’s work under the PLA. See Article 12 Section 1.
Q. In PLA-C, what is the shift premium for afternoon (swing) and evening (night/graveyard) shift, AKA shift work, for signatory trades?
A. The second shift (AKA afternoon or swing shift (ST in LCMS) starts between 3pm and 6pm and the third shift (AKA night or graveyard shift [GT] in LCMS) begins between 11pm and 2am, subject to different times necessitated by the SCA’s phasing plans on specific projects. With respect to second and third shift work, there is a 5% hourly shift differential premium. The premium applies to wages but if the trade in question receives premium pay on both wages and benefits in the NYC Comptroller’s Prevailing Rate Schedule, then that trade would receive the 5% on both wages and benefits on PLA shift work. Go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ to view the schedule. See Article 12, Section 3.
Q. Please provide some trade specific examples of how to apply the above 5% ST or GT shift premiums?
Asbestos Handler: 1.05 w
Bricklayer: 1.05 w
Carpenter: 1.05 w
Electrician “A” 1.05 w/b
Laborer 1.05w
Mason Tender 1.05 w
Paver 1.05 w
Plumber 1.05 w/b
Steamfitter 1.05 w/b
(w-wage/b-benefit, based on information in the Prevailing Wage Schedule published 7/1/2021)
Q. Do contractors have to provide shift premiums on afternoon or evening shifts on SCA projects NOT subject to the PLA?
A. Yes, but this is on a trade-by-trade basis. Some trades, such as the Asbestos Handlers and Painters do not require any premium pay for ST or GT shift work pursuant to the Prevailing Rate Schedule on non-PLA projects. Others such as Elevator Constructors and certain Engineer classifications require substantial premiums (up to double time, [2.0]) on ST or GT shift work on wages or wages & benefits on Prevailing Rate projects (Non-PLA). For details, go to the most recent Prevailing Wage Schedule, https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/.
Q. May the contractor schedule overtime work, including work on a weekend?
A. Yes, the PLA permits the contractor to schedule overtime work, including work on weekends. See Article 12 Sections 2, 3, and 5. To the extent that the SCA’s or the school’s approval is required before a contractor may schedule or be paid extra for overtime, that approval is still required notwithstanding provisions in the PLA.
Q. How is employee overtime calculated in PLA-C?
A. Overtime pay for hours outside the standard work day and work week must be paid in accordance with the overtime premium listed for that trade in the PLA-C Schedule A (the NYC Comptroller’s Prevailing Rate Schedule (https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/). When an employee has not already worked full work days, work on Saturdays that are not make-up days must be paid at 1.5 or the Schedule A rate (the NYC Comptroller’s Prevailing Rate Schedule Saturday rate for that trade), whichever is less. When an employee has already worked five full days, each hour of work on Saturdays must be paid at the Schedule A Saturday rate.
Trade Specific Monday-Saturday Overtime Examples on PLA-C Work:
Carpenter: 1.5 w
Cement Mason: 1.5 w/b
Engineer: 2.0 w/b*(benefit rate on OT is slightly less than 2.0)
Mason Tender 1.5 w
Plumber 2.0 w/b
Roofer: 1.5 w
Sheet Metal Worker: 1.5 w/b
PCC: 1.5 w
Work on Sundays and Holidays must be paid at Schedule A Sunday or Holiday rates for that trade. There is no stacking or pyramiding of overtime pay under any circumstances. See PLA Article 12 Section 2.
Q. What do the workers get paid when work is terminated early in a day due to inclement weather or otherwise stopped short of eight hours?
A. The PLA provides that employees who report to work pursuant to a regular schedule and not given work must be paid two hours of straight time. Work terminated early for severe weather or emergency conditions will be paid only for time actually worked. When an employee leaves a job of their own volition, shows up late for work and is still permitted to work, or is discharged for cause, they will only be paid for the actual time worked. In other instances where work is terminated early, the worker must be paid for a full day. Also, the usual "show-up time” requirement of two hours pay for employees who report to their work location pursuant to their regular schedule does not apply when the National Weather Service issues a Weather Advisory and the contractor speaks to the employee at least four hours before their shift starting time. We strongly suggest documenting such instances in writing. See Article 12 Section 5.
Q. Are there special provisions for Saturday make-up day work when a day is ‘lost’ during the week due to weather, power failure or other emergency?
A. Yes, when this occurs the contractor may schedule Saturday work at weekday rates: Saturday RT at straight time, and/or ST or GT at 5% (1.05X the hourly pay rate). In case questions arise about if there was a legitimate need for a Make-Up Day, we suggest contractors print out and keep the weather forecast for the weekday that you were unable to work. If you employed labor on a legitimate Make-Up Day, note this in LCMS. See Article 12 Sections 3 & 5. Make-Up Day provisions on non-PLA projects, if any, differ from trade to trade: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ for more information.
Q. Does the PLA create a common holiday schedule for all the signatory trades?
A. Yes, PLA provisions override local CBA clauses; the PLA recognizes nine common holidays and this supersedes any provisions in any union CBAs that provide for more and/or different holidays. See Article 12 Section 4. Holiday observances are also posted in LCMS.
Q. Are workers entitled to holiday pay if they do not work on the PLA holiday?
A. No. Workers are only entitled to holiday pay (at the holiday rate listed in the NYC Comptroller’s Construction Worker Prevailing Rate Schedule for that trade) if they work on the designated PLA holiday. If they do not work, they do not get paid for the day. See Article 12 Section 4.
Q. Does the PLA contain special provisions for the staffing of temporary services?
A. The need for temporary services during non-working hours will be only determined by the SCA or its construction manager. Where temporary services are required by specific request of the SCA or construction manager, they must be provided by the contractor’s existing employees during working hours in which a shift is scheduled for employees of the contractor. There is no stacking of trades on temporary services. See Article 15.
Q. May a work stoppage occur on a project subject to the PLA if a CBA of a signatory union expires during the project?
A. No. All the signatory unions are bound by the ‘No Strike’ agreement as to the PLA work. Work must continue under the PLA and under the otherwise expired local CBA(s) until the new local CBA(s) are negotiated and in effect. See Articles 7 and 19.
Q. May a contractor working under the PLA be subject to a strike or job action by a signatory union at another site while the contractor is a signatory to the PLA?
A. It is possible. The PLA applies ONLY to the PLA project and does not regulate labor relations at other sites even if those sites are in close proximity to PLA work.
Q. What happens if a dispute occurs between the contractor and an employee during the project?
A. The PLA contains a detailed grievance and arbitration process to resolve disputes between the contractor and its employees. See Article 9.
Q. What happens if there is a dispute between locals as to which union gets to provide employees for a particular project or a particular aspect of a project?
A. The PLA provides for such issues to be resolved in accordance with the New York Plan for the Settlement of Jurisdictional Disputes. A copy of the NY Plan is available upon request from the SCA. The PLA provides that work is not to be disrupted or interrupted pending the resolution of any jurisdictional dispute. The work must proceed as assigned by the contractor until the dispute is resolved. See Article 10.
Q. On a PLA project, are teamster drivers who are hauling asphalt, concrete or construction debris to/or from the school construction site subject to the payment of prevailing rates? What about delivery of materials and supplies to PLA job sites, or “off-site” manufacturing/fabrication operations related to a PLA project?
A. In New York City at this time, teamster prevailing rates are only required for the time such drivers spent on the construction "site" (except for the rare occasion in which construction debris is taken to a dedicated site, in which case prevailing rates would be required for all time worked.) Where materials or supplies other than asphalt or concrete are delivered to a school job site and dropped or stockpiled, the hauling, dropping and/or stockpiling of such materials is not subject to PLA rules or prevailing wage requirements. As well, there is no restriction as to work performed off-site for school PLA projects and the requirements of the NYS Labor Law are only applicable to construction of the school itself, not off-site manufacturing operations. See Article 6 Section 2.
Q. Are the provisions in this PLA generally the same as the others in New York City?
A. While PLAs often appear similar to each other, and particular clauses are often used in multiple agreements, each PLA is a unique document and should be examined accordingly.
Q. What SCA projects are subject to the new 2021-2025 PLA?
A. In general, PLA program work is now limited to designated rehabilitation and renovation construction contracts bid and awarded by the SCA after August 25, 2020, the effective date of this agreement. This includes demolition, reconstruction, rehabilitation and renovation associated with Capital Improvement Projects and facility enhancements. See Article 3 Section 1 of the 2021-2025 PLA for a scope of what work is covered. Following is a link to the new PLA and other important information: https://www.nycsca.org/Doing-Business/Labor-Law-Compliance#PLA-490.
Q. What about SCA projects that were bid before August 25, 2020?
A. This PLA does NOT apply to contracts awarded and work performed in connection with projects carried over or performed under bids or rebids relating to work initiated prior to August 25, 2020, the effective date of the new agreement. If a PLA contract was bid before this date, the project would fall under the terms and conditions of the previous PLA. The PLA that was in effect when a particular contract began will apply from start to finish. See Article 3 Section 1.1.
A. The Project Labor Agreement does not apply to contracts let and work performed for SCA Capacity contracts, (including new building construction, additions to existing facilities, and lease build outs); contracts let and performed by the NYC Department of Education; emergency work involving danger to life, safety or property requiring immediate action and procured pursuant to the SCA’s emergency procurement rules; and more. See Article 3 Section 1 for a list of what SCA work this PLA does not apply to. Nonetheless, all non-PLA public construction work is subject to Prevailing Rate requirements: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ to view the most current schedule of prevailing wages and benefits. Contracts awarded pursuant to the PLA have modified labor standards for shift, premium, and overtime outside the regular workday.
A. No. Any contractor may bid by signing and agreeing to all the terms and conditions of the PLA. The contractor need not be signatory with these unions by any other labor agreement or for any other project. However, please note that the SCA only awards contracts to firms that are prequalified (with the exception of vendor contracts valued under $10,000). Prequalified contractors are firms that have submitted a complete online prequalification application to the SCA and been approved to do business with the SCA. Following is a link with more information about prequalification at the SCA: http://www.nycsca.org/Doing-Business/Prequalification-Process.
Q. Does a contractor agreeing to the PLA and signing the Letter of Assent create a labor agreement with these BCTC unions outside of the project covered by the PLA?
A. No, the PLA applies only to those projects that the contractor agrees to perform under the PLA and makes no labor agreement beyond those projects. Contractors do not need to sign any additional agreements (e.g., a collective bargaining agreement or CBA) with a union aside from the Letter of Assent to work on a PLA project. See Article 2 Sections 2 and 7.
A. Yes, the PLA applies to subcontractors, and all subcontractors performing program work must agree to become party to the PLA. Subject to the SCA’s approval of subcontractors, a contractor may use any sub (union or non-union), as long as the subcontractor signs a Letter of Assent. See Article 2, Section 7. Following is a link to the PLA standard Letter of Assent: https://www.nycsca.org/Doing-Business/Labor-Law-Compliance#PLA-490
A. No. However, subcontractors performing PLA program work will be required to sign the Letter of Assent prior to being considered for approval on a specific project by the SCA.
A. Generally, labor will be referred to the contractor from the respective local BCTC unions. Signatory union contractors will employ new workers the same way they hire them for any other project, typically through the union hiring hall. There are limited exceptions for MWLBE contractors. See Article 4 Section 2.
Q. What are some of the key provisions of the new PLA that SCA Mentor contractors, Graduate Mentors, and other certified MWLBE contractors need to know about?
A. In connection with the Mentor/Graduate Mentor Program, the value of SCA contracts that can be performed by MWLBE Mentor and Graduate Mentor firms has been raised from $1 million in the prior PLA, to $3 million. See Article 3 Section 1 (2). Prior to submission of a bid, Mentor and Graduate Mentors must decide whether or not they will perform the work under the PLA. If a Mentor or Graduate Mentor is not signatory to a BCTC union, it may choose to “opt in” and work under the terms of the new PLA and sign a Letter of Assent for a particular project, or it may choose to “opt out” and perform the work under Prevailing Rates but not under the terms of the PLA. If such a firm is already signatory with a union and is the winning bidder, the work must be performed pursuant to the PLA.
Also on Mentor/Graduate Mentor projects valued at $3 million or less, non-signatory contractors in the SCA Mentor or Graduate Mentor program that opt in to the new PLA may employ their “core workforce” meeting the standards defined in PLA Article 4, Section 2B. Please contact the LLC by emailing laborLaw@nycsca.org about reviewing core workers before employing them on a PLA job. As additional workers are needed, they must be hired from the respective union for that trade. Mentor or Graduate Mentor firms may also request by name and the union must honor referral of specified union journeypersons who are available for employment and who the contractor employed previously. See Section 4 Section 2C.
In addition, non-mentor certified MWLBE contractors that are not signatory with a BCTC union can use their core workforce as the 2nd, 4th, 6th and 8th employees with union workers on PLA subcontracts up to $3 million. This also applies to Mentor and Graduate Mentors bidding as subcontractors on SCA Capital Improvement Program (CIP) work (CIP work is PLA work that is not bid through the Mentor or Graduate Mentor Program). See Article 4 Section 2E. Like any other trade workers, core employees must be on Daily Signature Logs and Certified Payrolls. If a MWLBE firm enters into a full CBA with a BCTC union, the employees of the contractor must be allowed to join the union, subject to satisfying the union’s basic standards of proficiency for admission. See Article 4 Section 2F. All contractors must sign a Letter of Assent and provide it to the SCA and the relevant union for the trade they are employing on the project.
A. No, a non-union core worker does not automatically become a union member by working on a project covered by the PLA. Nothing in the PLA requires employees to join a union or pay dues or fees to a union as a condition of working on the covered project. See Article 4 Section 2.
A. Whether union or non-union, contractors must remit timely benefit contributions on behalf of all employees (including any non-union core workers) to the union employee benefit funds in the appropriate amounts designated in the SCA PLA Schedule A CBAs, provided that those benefits are required to be paid on public works under the prevailing wage law. See Article 11 Section 2A. The one limited exception is non-union MWLBE contractors who designate core employees to work under the PLA; these firms may satisfy the supplemental benefit obligation if they set up or join a bona fide private benefit plan that satisfies the requirements of Section §220 of the NYS Labor Law. See PLA Article 11, Section 2.
A. Union benefit plans have their own rules and governing documents that determine eligibility; workers will become eligible for certain supplemental benefits at different points in time. MWLBE contractors who employ Core workers should speak with the respective union(s) as to benefit eligibility thresholds. Employees who may remain unaffiliated with any local union at the completion of their employment may apply for any distributions to which they may be entitled from the unions in accordance with the governing documents of the employee benefit funds. See Article 11 Section 2A.
A. Contractors are permitted and encouraged to use registered apprentices within the allowable ratios between journeypersons and apprentices set by the New York State Department of Labor (NYSDOL). Should a contractor request that apprentices be provided for program work, the referring union must comply with that request so long as it is consistent with the maximum ratios permitted by NYSDOL. See Article 13 Section 1. Contact the Labor Law Compliance Division of the SCA if a union does not fulfill a request for apprentices.
Q. Who decides on the number of workers needed?
A. A contractor retains full and exclusive authority for the management of their operations, including the determination as to the number of employees to be hired and the qualifications therefore; and the promotion, transfer, and layoff of its employees; and the assignment and schedule of work, except if expressly limited by a specific provision of the PLA. See Article 6, Section 1.
A. In the event that a union is unable to fill any request for qualified employees within a 48 hour period (Saturdays, Sundays and holidays excepted), a contractor may employ qualified workers from any other source. See Article 4 Section 2A. We suggest phone requests to the union for workers also be followed up in writing.
A. Except as expressly limited by a specific provision of the PLA, a contractor retains full and exclusive authority for the management of their operations, including the right to discipline or discharge for just cause its employees. We suggest documenting any dismissals in writing. See Article 6, Section 1.
A. Yes. Managers/supervisors are not subject to the provisions of the PLA, so there is no restriction on management and/or other non-trade personnel, as long as such personnel do not perform trade work functions. See Article 3, Section 3. For insurance purposes, managers/supervisors should be listed on Daily Signature Logs and certified payrolls for their time on the job site.
A. In general on PLA projects, signatory contractor owners, supervisors or forepersons cannot work with the tools (unless they are union members and the union rules allow this). Owners of non-union MWLBE firms can performed covered work if they are approved as a qualified “Core Worker” following the procedure in Article 4 Section 2. In this instance, they must pay themselves at a minimum the same PLA wages and benefits as other workers in that trade. As regards non-PLA projects, there is nothing in the New York State Labor Law that prevents owners, supervisors and/or forepersons from working with the tools as long as they are paid at the prevailing rate for the classification of work being performed. This work must be reported as such in certified payroll reports. Some unions may have rules in their CBAs restricting this practice.
A. When strictly overseeing workers, owners and supervisors are not subject to the provisions of the PLA and are not covered under Article 8 of the NYS Labor Law prevailing rate requirements. However, their hours worked on the job site as a supervisor should still be detailed in the certified payrolls.
A. The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State, including security guards protecting SCA job sites, receive at least the applicable hourly minimum wage rate. For more information, go to https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm. For insurance purposes, security guards should be listed on Daily Signature Logs and certified payrolls for their time on the construction site.
Q. Does the new PLA provide a standard work day across all the signatory trades?
A. Yes, the standard work week is eight hours, Monday through Friday. Any additional weekday hours must be paid at time and one half (1.5) for all signatory trades. However, when eight hours of program work cannot be performed on a consistent basis, the SCA may designate a project to be a seven-hour PLA project (35 hours per week). In the event the SCA deems a job to be a seven-hour project, the eighth hour, if worked, shall be paid at time and one half (1.5). With approval by the SCA, the PLA also permits a contractor to schedule a four day (within Monday through Friday) work week, ten hours per day at straight time. Contractors cannot schedule workers for less than a full day’s work under the PLA. See Article 12 Section 1.
Q. In the new PLA, what is the shift premium for afternoon (swing) and evening (night/graveyard) shift, AKA shift work, for signatory trades?
A. The second shift (AKA, afternoon or swing shift [ST] in LCMS) starts between 3pm and 6pm and the third shift (AKA, night or graveyard shift [GT] in LCMS) begins between 11pm and 2am, subject to different times necessitated by the SCA’s phasing plans on specific projects. With respect to second and third shift work in the new PLA, there is a five percent (5%) hourly shift differential premium on wages and benefits unless the NYC Comptroller’s Prevailing Rate Schedule provides for no shift premium on wages or benefits or both, in which case there is no premium on wages or benefits or both. Go to (https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm) to view the schedule. The day shift (AKA, Regular Time [RT] in LCMS) is always paid at straight time, and a first shift (day shift) does not have to be scheduled in order to work a second and third shifts at the 1.05 hourly rate. See Article 12, Section 3.
Q. Please provide some trade specific examples how and when to apply the above 5% ST or GT shift premiums on the new PLA.
Asbestos Handler: 1.0 (no shift premium)
Laborer 1.0 (none)
Paver 1.0 (none)
A. Yes, but this is on a trade-by-trade basis. Some trades, such as the Asbestos Handlers and Painters do not require premium pay for ST or GT shift work. Others such as Elevator Constructors and certain Engineer classifications require substantial premiums (up to double time, [2.0]) on ST or GT shift work on wages or wages & benefits on Prevailing Rate projects (Non-PLA). For details, go to the most recent Prevailing Wage Schedule, https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/.
A. Yes, the PLA permits the Contractor to schedule overtime work, including work on weekends. See Article 12 Sections 2, 3, and 5. To the extent that the SCA’s or the school’s approval is required before a contractor may schedule or be paid extra for overtime, that approval is still required notwithstanding provisions in the PLA.
Q. How is employee overtime calculated in the new PLA?
A. Overtime pay incurred Monday through Saturday is at time and one half (1.5) in the new PLA. When an employee has not already worked full work days, work on Saturdays that are not make-up days must be paid at 1.5 or the Schedule A rate (AKA, NYC Comptroller’s Prevailing Rate Schedule Saturday rate for that trade), whichever is less. When an employee has already worked five full days, each hour of work on Saturdays must be paid at 1.5.
Trade Specific Monday-Saturday OT Examples on PLA Work:
Engineer: 1.5 w/b
Ironworker: 1.5.w/b
Tiler 1.5 w
Work on Sundays and Holidays must be paid at Schedule A Sunday or Holiday rates for that trade. There is no stacking or pyramiding of overtime pay under any circumstances. See PLA Article 12, Section 2.
A. The PLA provides that employees who report to work pursuant to a regular schedule and not given work must be paid two hours of straight time. Work terminated early for severe weather or emergency conditions will be paid only for time actually worked. When an employee leaves a job of their own volition, shows up late for work and is still permitted to work, or is discharged for cause, they will only be paid for the actual time worked. In other instances where work is terminated early, the worker must be paid for a full day. Also, the usual “show-up time” requirement of two hours pay for employees who report to their work location pursuant to their regular schedule does not apply when the National Weather Service issues a Weather Advisory and the contractor speaks to the employee at least four hours before their shift starting time. We strongly suggest documenting such instances in writing. See Article 12 Section 5.
Q. Are there special provisions for Saturday Make-Up Day work when a day is ‘lost’ during the week due to weather, power failure or other emergency?
A. Yes, when this occurs the contractor may schedule Saturday work at weekday rates: Saturday RT at straight time, and/or ST or GT at 5% (1.05X the hourly pay rate). In case questions arise about if there was a legitimate need for a Make-Up Day, we suggest contractors print out and keep the weather forecast for the weekday that you were unable to work. If you employed labor on a legitimate Make-Up Day, note this in LCMS. See Article 12 Sections 3 & 5. On non-PLA projects, Make-Up Day provisions, if any, differ from trade to trade: go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ for more information.
Q. How do the referral rules work for Operating Engineers Locals 14 and 15?
A. Please be advised that Local 14 and Local 15 have signed the SCA’s FY 2021-2025 Project Labor Agreement (PLA). On all PLA projects bid and awarded by the SCA after September 4, 2023, contractors (both union and non-union) must request labor from the appropriate local unions for PLA Program Work within the jurisdiction of the Operating Engineers (i.e., operating a backhoe, crane, or other machine). To employ an Engineer, call Local 14 at (718) 939-0600 or Local 15 at (718) 835-6878. Only Engineers with special licenses or certifications may operate some machines used on SCA job sites: the SCA Safety Division enforces those city-wide regulations.
Q. On a PLA project, are drivers who are hauling asphalt, concrete or construction debris to/or from the school construction site subject to the payment of prevailing rates? What about delivery of materials and supplies to PLA job sites, or “off-site” manufacturing/fabrication operations related to a PLA project?
A. In New York City at this time, prevailing rates are only required for the time such drivers spent on the construction site (except for the rare occasion in which construction debris is taken to a dedicated site, in which case prevailing rates would be required for all time worked.) Where materials or supplies other than asphalt or concrete are delivered to a school job site and dropped or stockpiled, the hauling, dropping and/or stockpiling of such materials is not subject to PLA rules or prevailing wage requirements. As well, there is no restriction as to work performed off-site for school PLA projects and the requirements of the NYS Labor Law are only applicable to construction of the school itself, not off-site manufacturing operations. See Article 6 Section 2.
A. While PLAs often look similar to each other, and particular clauses are often used in multiple agreements, each PLA is a unique document and should be examined accordingly.
Spanish/Espanol::
Punjabi ਪੰਜਾਬੀ /:Punjabi ਪੰਜਾਬੀ /:
Construction workers employed on SCA projects have the right to be paid prevailing wages and provided fringe benefits (e.g., medical, pension, etc.) based upon the trade work that they are performing (e.g., Carpenter, Electrician, Laborer, Plumber, etc.). Prevailing rates are the hourly wage and supplemental benefit rates set annually by the New York City Comptroller for employees of contractors performing public construction work. The Labor Law Compliance Division (LLC) of the SCA enforces labor laws and contractual obligations with respect to employee wages, benefits, overtime, and the use of union labor on NYC public school projects. All construction workers are entitled to be paid overtime when they work more than eight hours in a day and/or more than five days in a week. More detailed information about Prevailing Rates, the SCA Project Labor Agreement PLA (Project Labor Agreement), the Labor Law Compliance Division and Overtime is available on this web page and in the documents below.
In order to protect your rights, we strongly recommend that you keep track of all the work you perform, preferably in a written or electronic calendar that you use solely to keep track of your work. This can help us recover any funds due to you.
Please keep records of the following:
The U.S. Department of Labor has a free mobile timesheet app and a work hour calendar (links below) that you can use to track the items on a daily basis.
The following are links to the worker protection timesheet calendars:
If you suspect you are being underpaid, please contact the LLC directly at 718 472-8100 (LLC Hotline) or email laborlaw@nycsca.org. You may also file a Prevailing Wage Complaint with the NYC Comptroller’s office using the Claim Form below on this page. If you do, we suggest you also email us a copy at laborlaw@nycsca.org. Workers are entitled to prevailing wages regardless of immigration status. Calls and communications will remain confidential.
Please see below for links to important worker Prevailing Wage protection documents:
We can help you recover any wages owed to you by SCA
Q. As a construction worker on an SCA project, how do I know what rate I’m supposed to be paid? / As a contractor, how do I determine the correct wage and benefit to pay a construction worker on an SCA project?
A. All construction work performed on SCA schools falls under the category of public work. The law requires contractors to pay construction workers on public projects (such as public schools) not less than the prevailing rate of wage, plus supplemental benefits. The Office of the Comptroller of the City of New York sets the rates and issues a new schedule of Construction Public Works wages and benefits at least once each year for the five boroughs. Click on the following link to view the latest schedule: https://comptroller.nyc.gov/services/for-the-public/prevailing-wage/wage-schedules/. To determine the correct rate, identify the job title of the work performed (i.e. Bricklayer, Electrician, Plasterer, etc.) for that time period and go to the trade classification in the relevant schedule for those dates. If you have questions, call our Labor Law Compliance Hotline at 718 472-8100 or email laborlaw@nycsca.org.
Please note that if the particular project is subject to the terms of the SCA Project Labor Agreement (PLA), the labor rate for shift, overtime, and Saturday work may differ from the rates listed in the Comptroller’s Prevailing Wage schedule.
Q. I am a construction worker and I believe that I have been underpaid on an SCA project. What will the SCA Labor Law Compliance Unit (LLC) do for me?
A. LLC inspectors visit SCA job sites to ensure that all workers are aware of the legal obligation on the part of employers to pay prevailing wages and benefits. In the event of an underpayment, our staff will assist you in claiming monies due to you. We will review any documentation that you can provide as well as all records supplied by contractors. After we review documents and perform an audit, LLC staff will make every effort to ensure that the contractor makes appropriate restitution to you and any other affected employees for work performed. If you have any questions, call the Labor Law Compliance Hotline at 718 472-8100 or email laborlaw@nycsca.org. All inquiries will be kept confidential.
Q. I understand that employers are required to comply with the requirement to provide prevailing supplemental benefits in the amounts listed in the Prevailing Rate schedule to workers on SCA construction projects. How are these provided?
A. There are a number of ways this may be done:
The contractor may provide irrevocable contributions to a bona fide benefit trust fund, such as a union plan or an ERISA qualified employer plan; The contractor may provide cash payments in lieu of supplements on non-PLA projects; Any combination of the above provided that the cost of the total supplemental benefit to the employer is no less than the benefit rate listed for that trade in the Prevailing Rate schedule. On SCA PLA projects, prevailing wage supplemental benefit contributions must be made to jointly trusteed employee benefit funds designated in PLA Schedule A.
Q. What are overtime requirements on prevailing wage projects?
A. Overtime is defined as work in excess of eight hours in any one day or work for more than five days in any work week (regardless of the hours). At a minimum, all overtime work performed on public projects must be paid at time and a half. However, the specific overtime compensation requirements for each construction trade or occupation may differ and are contained in the Comptroller’s Prevailing Rate schedule https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/. Note that certain overtime and shift pay provisions are capped and standardized on SCA PLA projects.
Q. What is the difference between the minimum wage and the prevailing wage?
A. The Minimum Wage Act (Article 19 of the New York State Labor Law) requires that all employees in New York State receive at least the applicable hourly minimum wage rate. For example, security guards protecting SCA construction sites must be paid a minimum rate of wage. For more information, go to https://www.labor.ny.gov/workerprotection/laborstandards/workprot/minwage.shtm.
Differing from the minimum wage, the prevailing wage pursuant to New York State Labor Law Article 8, §220 is applicable to laborers, mechanics and journeypersons who perform construction work on public projects. Construction workers on SCA projects must be paid prevailing wages and benefits. Wage and benefit rates are based on the worker’s job classification as per the Comptroller’s Prevailing Rate Schedule, https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/.
Q. What are the key duties of contractors and their subcontractors on prevailing wage SCA projects?
A. Employers’ responsibilities include:
Pay Prevailing Wages
Pay each employee the appropriate wage and supplemental benefit for the trade work being performed whether or not the employer is signatory to a union agreement and whether or not the worker is a union member. If the employee works during shift time or overtime hours, be sure to compensate that employee at whatever premium time rate is noted for that trade in the Comptroller’s Prevailing Rate Schedule. In the event that wages and benefits have been paid at a rate less than what is prevailing, the SCA has the right to withhold payments to the delinquent contractor until the matter is resolved.
Certified Payroll Reports
Maintain Certified Payroll Reports including but not limited to, the hours worked, the trade classification, and the wages and benefits paid to each covered employee. Submit those payrolls to the SCA via LCMS, the SCA’s electronic labor compliance management system.
Daily Signature Logs
The Daily Signature Log (DSL) must list the hours, trade classification, base wage rate and benefit rate for each employee performing work on that project. The log must be signed by every construction worker at the beginning and the end of each work day and must be submitted to the SCA via LCMS, the SCA’s electronic labor compliance system. Every subcontractor performing construction work on an SCA project must submit DSLs to the hiring contractor and ultimately to the GC and the SCA’s Labor Law Compliance Division.
Worker Notice
Post written notices (https://comptroller.nyc.gov/wp-content/uploads/documents/Construction-Poster_2x2-final.pdf ) along with the Comptroller’s Prevailing Rate Schedule for all relevant trade classifications in a conspicuous manner at each covered job site. Distribute a notice to all covered employees at the beginning of each contract, and with each employee’s first paycheck.
Pay Stubs/Earnings Statements
Specify the applicable trade classifications and prevailing rates on covered employees pay stubs/earnings statements or on an attachment.
Record Retention
Records required to be maintained (including copies of certified payrolls) must be kept on the job site while the work continues. Records must be kept for a period of six years after final completion of a job.
Q. Who is responsible for payment of prevailing wages?
A. Article 8 of the NYS Labor Law requires employers to pay workers not less than the prevailing rate and supplemental benefits for the occupation at which they are working. General Contractors (GCs) are financially responsible for the noncompliance of their subcontractors. Under State law, GCs are liable if their subcontractors underpay their employees. Therefore, if the LLC cannot collect delinquent wages or benefits from the subcontractor, we will collect from the GC that has the prime contract with the SCA.
Workers must be paid on a weekly basis even if the contractor or subcontractor has not yet received a payment.
Q. What is the timeline for contractors to pay subcontractors on SCA projects?
A. Contractors must make a prompt payment to the electrical, plumbing, gas fitting, and HVAC subcontractors within seven calendar days of any payment from the SCA. Contractors must make prompt payment to all other subcontractors within fifteen calendar days of the receipt of payment from the SCA.
Q. What are the consequences for contractors who cheat workers on SCA projects?
A. The following is an abbreviated list of potential remedies:
They will be required to pay the difference between what they paid the workers and the amount that should have been paid; The company and/or owners can be prosecuted, fined and/or go to jail; The company and/or owners may have to pay the cost of an investigation; The company and/or individual owners may be put on the Ineligible to Bid list for SCA projects and/or the Debarment List for all government projects; General Contractors (GCs) are responsible for the financial sins of their subcontractors: if the LLC cannot collect from the employer, we will collect from the GC that has the contract with the SCA.
A. Owners, supervisors, and/or forepersons working with the tools must be paid at the prevailing rate for the classification of work being performed. This must be reported as such on Certified Payroll Reports.
Q. Are “off-site” manufacturing or fabrication operations subject to the prevailing wage law?
A. The prevailing wage and supplements requirements of Section §220 of the NYS Labor Law are only applicable to construction work on the school itself.
Q. Are drivers who haul away construction debris from the school job site subject to the payment of prevailing rates?
A. Prevailing rates are only required for the time spent on the construction site.
Q. Where can I find answers to other questions about prevailing wages on public construction projects?
A. Go to https://www.labor.ny.gov/workerprotection/publicwork/PW_faq1.shtm for more information.
The Labor Law Compliance Division (LLC) enforces labor laws and contractual obligations that require construction workers on SCA projects to be paid legally required prevailing wages and benefits for their individual trade classification (e.g., carpenter, electrician, plumber, etc.). LLC works closely with the SCA Office of the Inspector General (OIG), New York State Department of Labor, the Office of the Comptroller of the City of New York, the District Attorneys of New York City, the United States Department of Labor, the United States Attorney General and other entities and agencies to ensure compliance with these legal and contractual requirements. Innovative language in SCA contracts requires that the contractor assume the cost of any investigation conducted by or on behalf of the SCA which discovers a failure to pay the prevailing wage by either the contractor or the subcontractor.
Prevailing wage is the wage and fringe benefit rate set annually by the New York City Comptroller for each trade or occupation for covered employees of contractors performing public works projects for New York City government agencies. Prevailing wage rates for construction, replacement, maintenance, and repair work on New York City schools and other public works projects are contained in the Comptroller’s Labor Law Article 8 Construction Worker schedules. In nearly all cases, the wage rates for these public work projects are those established by collective bargaining agreements between trade unions and employers where the project is located. The prevailing rate is different for each trade and is based on the work that the individual actually performs on the job, not the occupation title. For example, if the individual is doing the work of a carpenter, the individual must receive the appropriate prevailing wage for a carpenter, even if the contractor incorrectly lists that worker as a laborer or a mason tender. *Please click here for Prevailing wage FAQ’s.*
A Project Labor Agreement (PLA) is a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project. The SCA has entered into PLAs with the Building & Construction Trades Council of Greater New York (BCTC) for specified construction work in Fiscal Years 2010-2014, 2015-2019 (further extended to part of 2020) and 2021-2025. The PLA is an agreement by the SCA with the construction trades that all contractors must agree to as part of a responsive bid. Subcontractors to be used by prime contractors on an SCA contract must also agree to the terms of the PLA to be approved. LLC enforces the terms and conditions of the PLA with respect to employee wages, benefits, and the use of union labor. *Please click here for PLA FAQ’s and PLA Documents.*
Apprentices on SCA sites must be registered with the NYS Department of Labor and must comply with NYS established ratios to ensure safety, training and supervision. A ratio establishes the number of journey workers required for each apprentice in a program and on a job site.
The SCA maintains a hotline telephone number for inquiries and complaints regarding the failure of a contractor or subcontractor to comply with the requirement to pay the prevailing wage pursuant to Labor Law 220 or the terms of the SCA PLA.
Individual workers, contractors, subcontractors, trade unions, and any other interested party may contact the SCA's Labor Law Compliance Unit at: Labor Law Compliance Unit NYC School Construction Authority 25-01 Jackson Avenue Long Island City, NY 11101
(718) 472-8100 E-mail: Labor Law You can learn more about the subject by selecting from the following related links:
Q. What is shift work?
A. The term shift work refers to a work schedule that falls outside the traditional eight hour schedule starting in the early morning. A construction worker employed in a trade that, as a result of a requirement to begin work at a time other than the usual morning starting time, may be mandated to receive premium pay pursuant to the NYC Comptroller’s Labor Law Article 8, §220 Construction Worker Prevailing Wage Schedule. If a shift premium is required as per this schedule, it is usually called a Shift Rate or an Off-Shift Rate. At the SCA, shift time is also known as ST (Swing or Afternoon Shift or 2nd Shift). Shift work can also begin in the evening and is known as Graveyard Time (GT), Night Shift or 3rd Shift.
Q. What is construction that commences on a weekday morning considered?
A. Construction that commences on a weekday morning is considered to be Day Shift or Regular Time (RT) work (7AM-3PM; 8AM-4PM; 9AM-5PM, etc.); no premium pay is required for Day Shift workers. Work that begins in the afternoon or evening is considered to be Shift Work, even if this is the first actual construction work shift of the day; workers in certain construction trades must be provided with premium pay on such shifts.
Q. When does construction of new school building generally takes place?
A. Construction of new school buildings generally takes place starting in mornings on the Day Shift (Regular Time or RT in SCA parlance). On SCA repair and renovation jobs, the vast majority of weekday work when school is in session takes place on Shift Time (ST) beginning after school lets out. Shift Time on SCA projects is generally defined as any shift that starts after normal school hours, usually at 3PM or later.
Q. What is the shift differential premium on projects bid out pursuant to the 2015-2019 SCA PLA?
A. On projects bid out pursuant to the 2015-2019 SCA PLA (as extended), there is a five percent shift differential premium for ALL construction trade classifications for work performed on shifts beginning at 3 p.m. or later (and on Saturdays designated as make-up days when necessitated by severe weather, power failure, fire, natural disaster or similar circumstances beyond the contractor’s control). No other premium or extra payments for such weekday work is required unless such work is in excess of 40 hours in the week. Q. What is the shift differential premium on projects bid out pursuant to the 2021-2015 SCA PLA?
A. On projects bid out pursuant to the 2021-2015 SCA PLA, there is a five percent shift differential premium on ST and GT work unless the NYC Comptroller’s Prevailing Wage Schedule provides for no shift premium on wage or benefits or both for second or third shift for that trade, in which case there is no premium for wages or benefits or both for PLA work.
Q. Do contractors need to provide premium pay to shift worker on SCA project NOT subject to the PLA?
A. On SCA projects NOT subject to the PLA, contractors must provide premium pay to shift workers in certain trades only. Applicable shift rates are specified in the NYC Comptroller’s Prevailing Wage Schedule, usually in the section of each Trade Classification entitled “Shift Rates”. When applicable, premium pay rates differ from trade to trade. For details, go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/.
If no Shift Rates are specified in the Schedule, no premium pay is required on Prevailing Rate (non-PLA) projects.
Q. What are the trades that are entitled to premium pay for shift work?
A. Construction Trades that are entitled to premium pay for Shift Work include:*
-Bricklayer
-Carpenter
-Driver/Teamster (starting after 6pm)
-Electrician (“A”)
-Engineer-Building Work, Heavy Construction
-Engineer-Operating-Road & Heavy Construction, Paving, Steel Erection
-Mason Tender
-Plasterer
-Plumber
-Pointer (PCC)
-Sheet Metal Worker
-Steamfitter
-Tile Finisher/Layer/Setter
*(NYC Comptroller’s Prevailing Rate Schedule issued 7/1/2021)
Q. What are the trades that do not typically receive premium pay for shift work on Prevailing Rate projects?
A. Construction Trades that do not typically receive premium pay for shift work on Prevailing Rate projects include:*
-Asbestos Handler/Hazardous Material Handler
-Cement and Concrete Worker
-Engineer-Field -Building Work
-Engineer-Operating Engineer-Building Work
-Laborer
-Mason Tender (Interior Demolition Worker)
-Painter
-Paver and Roadbuilder
Q. When are construction workers entitled to paid overtime?
A. All construction workers are entitled to paid overtime when they work more than eight hours in a day, and/or more than five days in a week regardless of how many hours worked on each of those five days. For example, after working four hours a day for each of five days, a worker would still be entitled to overtime for each hour worked on any additional day worked. Some construction trades are entitled to paid overtime when they work more than seven hours on projects not subject to the PLA.
Workers in most construction trades must be paid time and a half (1.5) in wages for each overtime hour worked. Some trades also require time and a half supplemental benefits for each overtime hour worked. However, each trade has its own overtime rules, as per the Prevailing Wage Schedule.
For example, on Prevailing Wage projects NOT subject to the PLA:*
-Asbestos Handlers/Hazardous Material Handlers receive time and a half their regular wage rate after an eight hour day; and time and a half their regular wage rate for any work performed on Sundays.
-Bricklayers receive time and a half their regular wage rate after a seven hour day; time and a half their regular wage rate for any work performed on Saturdays; and double their regular wage rate for all work performed on Sundays.
-Carpenters; Laborers; Mason Tenders; and Pavers receive time and a half their regular wage rate after an eight hour day; time and a half their regular wage rate for any work performed on Saturdays; and double their regular wage rate for all work performed on Sundays.
-Plumbers receive double their regular wage & benefit rate for any work performed after an eight hour day; double their regular wage & benefit rate for any work performed on Saturdays; and double their regular wage & benefit rate for all work performed on Sundays.
Whether contractors must pay time and a half or double time for overtime and whether contractors must make supplemental benefit contributions at the applicable overtime rate will either be noted in the Overtime Description of the Trade Classification or in a Supplemental Note in the Prevailing Rate Schedule.
Go to https://comptroller.nyc.gov/services/for-the-public/nyc-wage-standards/wage-schedules/ and check the Overtime section of each Classification to learn about the specific prevailing Overtime practices of that Trade.
The standard work week for all trades on PLA projects is Monday through Friday and consists of 40 hours of work at straight time rates. The new PLA includes a seven hour/day, 35 hour/week option, but that is at the discretion of the SCA.
Q. Overtime Holidays
A. This section of the Prevailing Wage schedule describes the prevailing practices of each trade with respect to any work performed on the listed holidays for that classification. The SCA PLA recognizes nine standard holidays for all trades and no other holidays are to be observed.
Q. Paid Holidays
A. When listed in the Prevailing Wage schedule, holiday pay on a non-PLA project must be provided to employees on a contractor’s payroll in that trade even if no work is performed on that day.
On projects subject to either PLA, regular holiday pay, if any, for work performed on the nine recognized holidays must be in accordance with the applicable PLA Schedule A. There is no holiday pay for time not actually worked on PLA projects.
NYC Comptroller Worker Prevailing Rate Claim Form
PLA (Project Labor Agreement) Documents
PLA (Project Labor Agreement) Core Worker Request Form
PLA (Project Labor Agreement) Letter of Assent
Daily Signature Log (DSL) Forms