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 2013, the City awarded 948 contracts, valued at $2.1 billion, subject to prevailing wage requirements and 256 contracts, valued at $1.9 billion, subject to the Living Wage Law. EDC also processed 29 contract actions, valued at $157 million, for work subject to prevailing wage requirements. MOCS conducted 25 prevailing wage reviews during Fiscal 2013, approving all of the relevant awards. Agencies that have been delegated this responsibility reviewed and approved an additional 21 awards. Of the 46 approved awards, 39 resulted in registered contracts during Fiscal 2013; the other seven contracts remained pending as of the end of the fiscal year.
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, 2013 – June 30, 2014. 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.