New York Construction Workers: Your Rights to Fair Overtime Pay on Public Works Projects Could Be Worth Thousands
Construction workers in New York face unique challenges when it comes to securing fair compensation, especially on public works projects where prevailing wage laws and complex overtime requirements intersect. If you’re working on government-funded construction in the Empire State, understanding your rights to overtime pay—including double-time requirements—could mean the difference between being fairly compensated and losing thousands of dollars in wages you’ve rightfully earned.
Understanding New York’s Prevailing Wage Laws for Construction Workers
New York’s prevailing wage laws, established in 1897 and codified under Article 8 of the New York State Labor Law, ensure that construction workers on public works projects receive wages that match local pay standards for similar jobs. These rates are typically higher than the standard minimum wage and are set based on the wages paid to workers in similar jobs in your area.
Since 2020, New York expanded these requirements to include certain privately funded projects when total construction costs exceed $5 million and at least 30% of funding comes from public sources, ensuring that large private projects with significant public investment also follow wage standards that benefit local workers.
Your Overtime Rights: Beyond the Standard 40-Hour Week
While most New York workers are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek, construction workers on public works projects have additional protections. Construction workers engaged in prevailing wage public works can be entitled to overtime at the rate of 1.5 times their regular rates for hours worked over 7 or 8 per day, for hours worked over 40, and for hours worked on Saturdays.
You must pay overtime wages of no less than one and a half times the regular rate to workers who spend more than eight hours a day or more than five days a week on a public works project. This means that even if you haven’t reached 40 hours for the week, you may still be entitled to overtime pay for daily work exceeding eight hours.
Double-Time Requirements: When Premium Pay Applies
New York’s public works projects have specific double-time requirements that many construction workers don’t realize they’re entitled to. Workers receive double time the regular rate for Sunday work, and the first two hours of overtime on weekdays and the first seven hours of work on Saturdays are paid at time and one half for wages and supplemental benefits, while all additional overtime is paid at double time for wages.
When a holiday falls on Sunday, the following Monday shall be considered a holiday and all work performed on either day shall be at the double time rate. When a holiday falls on Saturday, the preceding Friday shall be considered a holiday and all work performed on either day shall be at the double time rate.
Common Violations and Red Flags
Common violations by contractors include misclassifying an employee to pay a lower wage, forcing employees to bank hours, not paying overtime, keeping employees off the books or paying wages in cash, not treating a project that was funded with public funds as a prevailing wage job, and not paying fringe benefits as required by contract.
New York law requires the prime contractor and all subcontractors working on a public work to notify all employees of the prevailing wages rates and that they are working on a public work. There has to be a poster in some visible and often visited area of the worksite that states that it is a public work, the government agency involved with the work, and other information concerning prevailing wages.
Enforcement and Penalties for Employers
The New York State Department of Labor handles underpayment complaints made by employees on public work projects. After receiving a complaint, they conduct an investigation to determine whether the contractor has paid the proper prevailing rate of wages and supplements. In addition to the repayment of wages, offenders may also be assessed interest and penalties.
Willful violations of the Prevailing Wage Law may be a felony punishable by fine or imprisonment of up to 15 years, or both. Willful violations of prevailing wage laws may also result in debarment from being able to bid on public work projects.
When to Contact Legal Help
If you suspect your employer is violating prevailing wage or overtime laws, it’s crucial to act quickly. Documentation is key—keep detailed records of your hours worked, job duties performed, and wages received. If you believe you’re owed unpaid overtime or prevailing wages, consulting with an experienced unpaid overtime attorney can help you understand your rights and pursue the compensation you deserve.
At The Howley Law Firm, located in Manhattan, we understand that construction workers deserve the same high-quality legal representation that corporations receive. We focus on representing individuals in employment rights matters in New York, and with our experienced attorneys and keen eye for quality, our small law firm is able to dedicate more one-on-one time to our hand-picked clients. Our lawyers have helped clients recover millions of dollars for unpaid wages, representing healthcare professionals, employees of large corporations, and restaurant workers.
Your Rights Are Protected
New York’s construction workers have robust protections under prevailing wage and overtime laws, but these rights are only valuable if they’re enforced. Whether you’re working on a highway project, public building construction, or any government-funded construction work, you have the right to fair compensation that reflects the true value of your skilled labor.
Don’t let employers take advantage of complex regulations to shortchange your pay. Understanding your rights to overtime—including double-time pay for Sundays, holidays, and extended overtime hours—is the first step toward ensuring you receive every dollar you’ve earned through your hard work on New York’s public works projects.