Living Wage and Prevailing Wage

There are several New York City laws and an Executive Order that require that covered employers pay no less than specified wages in particular circumstances, unless eligible for an exemption. They are summarized below.

If you work for a company at one of the addresses shown or for a City contractor in one of the categories of work specified, you are entitled to be paid at least the amount provided in the law or order. If you believe that you are not being paid properly under any of the laws, you may file a complaint with the NYC Comptroller or the NYC Comptroller Bureau of Labor Law at 212-669-4443.

1. Living wage for city contractor employees - NYC Administrative Code Section 6-109: A city service contractor that provides homecare services, day care services, Head Start services or services to persons with cerebral palsy must pay its direct service workers no less than the specified wage and either provide health benefits or an hourly supplement in lieu of health benefits. A city service contractor that provides building services, food services or temporary services must pay its employees under the contact either the living wage or the prevailing wage (see terms for both in # 2 and 3 below), whichever is greater. Health benefits or the health benefits supplement must also be provided.

   Review details and current rates for each job category

2. Prevailing Wage - Local Law 27 of May 15, 2012/NYC Administrative Code Section 6-130:
   All building care and maintenance employees at companies that receive at least $1 million in NYC financial assistance and are larger than 100,000 square feet or more than 100 apartments must be paid no less than the prevailing wage.
   Review details and current rates for each affected title

   Click on the links below for the current lists of covered developers under the Prevailing Wage law:
   HPD Prevailing Wage Covered Developers Under 6-130
   EDC 6-130 Prevailing Wage Covered Developers
   Brooklyn Navy Yard 6-130 Prevailing Wage Covered Developers

3. Fair Wages for New Yorkers ("Living Wage") Act, Local Law 37 of June 28, 2012 / NYC Administrative Code Section 6-134:
   Employees of companies that receive at least $1 million in financial assistance from NYC or a city economic development entity at specific sites must be paid no less than a living wage unless the employer qualifies for an exemption.

   The supplement rate may be provided in the form of cash wages, health benefits or any combination of the two, and the value of such benefits shall be determined based on the prorated hourly cost to the employer of the health benefits received by the employee.
   Review details and current rates

   Review the current lists of employers and sites covered by the Fair Wages for New Yorkers Act:
   HPD Covered Developers Under 6-134
   EDC 6-134 Living Wage Covered Developers
   Brooklyn Navy Yard Development Corp 6-134 Living Wage Covered Developers

4. Executive Order No. 7 of September, 2014 expands the categories of covered employers, modifies the exemptions and increases the dollar amount of the living wage floor provided under the Fair Wages for New Yorkers Act, 6-134, above. The living wage rate is adjusted annually, based upon the Consumer Price Index published by the Bureau of Labor Statistics of the United States Department of Labor. Note that the rates do not apply to projects subject to the Fair Wages for New Yorkers "Living Wage" Act that were authorized prior to September 30, 2014 or any financial assistance awarded prior to September 30, 2014. These older projects, which were exempted from the Executive Order, are obligated to continue paying the original living wage rate, which is updated by the Comptroller. Review the current list of employers and sites covered by Executive Order No. 7:
   
   HPD Covered Developers Living Wage Executive Order

5. Annual Report of Projects that Received at least $1 million city assistance
   Section 6-134(h)(3) of the Fair Wages for New Yorkers Act requires that the City submit to the City Council and post on the City's website an annual report detailing the extent to which projects that received at least $1 million of financial assistance provide employees a living wage. Note that this report includes all projects where at least $1 million of financial assistance is given even if the project is exempt from paying a living wage pursuant to a statutory exemption under the Fair Wages for New Yorkers Act. The report is required to include the number and percentage of employees earning less than a living wage, categorized by industrial jobs, restaurant jobs, retail jobs, other jobs and total jobs. For projects for which assistance was received prior to July 1, 2012, the annual report only contains such information that is available to the City.

   January 31, 2024 Report from the Economic Development Corporation under Section 6-134(h)(3)