When does Article 8 of the Labor Law, which requires the payment of prevailing rates of wages to employees, apply to a particular construction project?
Article 8 applies when two conditions are fulfilled: (1) a public entity must be a party to a contract involving the employment of laborers, workmen or mechanics, and (2) the contract must concern a public work project. A public entity, as used in the statute, means the State, any political subdivision thereof, including SUNY, CUNY, and community colleges, as well as corporations organized solely for the purpose of entering into such a construction contract on behalf of the State. A 'public work' has not been defined by statute, but courts have held that in order to be considered a public work, the project's primary purpose must be to benefit the public at large; as opposed to a private purpose.
Prevailing Wage for Public Work Projects
Prevailing Wage Information