§ 26-3803 Wage requirements.
AC § 26-3803
a. No construction employer shall pay a construction worker on a housing development project less than $40 per hour in combined wages and essential benefits, with the exception of construction workers who are participants in a New York State-certified apprenticeship program. b. Essential benefits shall be paid to or on behalf of construction workers, but no less than $25 per hour of the combined minimum wage and benefit package shall be paid in wages. c. In addition to wage notifications under subdivisions 1 and 2 of section 195 of the labor law, construction employers must provide in writing, to each construction worker, an explanation of all essential benefits that will be paid on behalf of the construction worker when such construction worker starts work on a housing development project. A new notification shall be issued to a construction worker if there is a change to the essential benefits being paid on such construction worker’s behalf. Such notification shall be provided in writing no later than 10 days from the date of such change. d. Nothing in this chapter shall be construed to supersede any federal or state statute or regulation requiring construction workers earn in excess of the wages and essential benefits established in this section. e. On July 1, 2028, and annually thereafter, the comptroller shall post a new combined wage and essential benefit amount for construction workers on housing development projects. Such amount shall be based on the current combined wage and essential benefit amount for construction workers on housing development projects increased by a percentage determined by the comptroller with the result rounded to the nearest 5 cents. The wage portion of the combined wage and essential benefit amount for construction workers on housing development projects may not be calculated at less than 62.5 percent of the combined wage and essential benefit amount for construction workers on housing development projects. The annual percentage increase determined by the comptroller pursuant to this section shall be calculated by the comptroller by increasing the combined wage and essential benefit amount for construction workers on housing development projects by the rate of inflation for the most recent 12 month period, ending in June of that calendar year, based on the consumer price index for urban wage earners and clerical workers for the New York-New Jersey-Pennsylvania metropolitan area (CPI-W), or a successor index as calculated by the United States department of labor. f. In the event the index utilized by the comptroller to calculate the combined wage and essential benefit amount for construction workers on housing development projects reflects a negative annual increase, the combined wage and essential benefit amount for construction workers on housing development projects shall not decrease. (L.L. 2026/021, 1/17/2026, eff. 1/1/2027) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2026/021.
