Signed by Mayor Michael R. Bloomberg on July 18, 2007, Executive Order 102: Prevailing Wage and Living Wage Requirements in City Contracts mandates the provision of additional oversight, training and resources by MOCS to ensure compliance with New York State Labor Laws 220 (workers on public works projects) and 230 (workers on building maintenance) and section 6-109 of the New York City Administrative Code (living wage—selected occupations). Though its Labor Compliance unit, MOCS oversees Mayoral agency activities to ensure that city vendors are complying with all labor-related laws. In addition, MOCS holds several formalized training classes each year on labor issues for City agency staff, and does additional educational outreach at the request of agencies.
In Fiscal 2010, the City awarded 1,319 contracts, valued at $6 billion, subject to prevailing wage requirements and 387 contracts, valued at $700 million, subject to the Living Wage Law. The increase in prevailing wage contracts resulted from the increase in the annual procurement volume, particularly in the construction arena, along with segments of the standardized services industry to which prevailing wage rules applied, such as street lighting and tree planting. The increase in Living Wage contracts stemmed mainly from variations in the contract cycles for human services programs. EDC also processed 72 contract actions, valued at $435 million, for work subject to prevailing wage requirements. MOCS conducted 61 prevailing wage reviews during Fiscal 2010. MOCS reviewed bid tabulations, certified payroll records, engineers’ estimates, VENDEX data and other analyses to validate agency determinations that vendors had both the intention and ability to comply with the wage mandates. MOCS approved 56 awards, of which 43 resulted in registered contracts during Fiscal 2010; the others remained pending as of the end of the year. In addition, 19 awards that were reviewed and approved in Fiscal 2009 were registered in Fiscal 2010 and one such award was cancelled.
The prevailing rates of wages and supplements are determined annually on July 1 of each year and are effective through June 30, e.g. July 1, 2009 – June 30, 2010. Prevailing rates are generally determined through collective bargaining agreements between bona fide labor organizations and employers of the private sector, provided that said employers employ at least 30% of workers in the same trade or occupation in the locality where the work is being performed.
In New York City, Prevailing Wage and Living Wage rates are determined and kept up to date by the New York City Comptroller.