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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