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Section 220(3-a)(f) of the Labor Law (“Section 220(3-a)(f)”) requires prevailing wage be paid for work performed on a public works worksite for any work involving the delivery to and hauling from such worksites of aggregate supply construction materials, as well as any return hauls, whether empty or loaded, and any time spent loading/unloading. Neither the Labor Law, nor amendments to Section 220(3-a)(f) clearly define terms necessary to implement this new law.
When Section 220(3-a)(f) was initially enacted on December 31, 2021, the Governor’s Approval Memorandum to Senate Bill 255-B stated: “I have reached an agreement with the Legislature to clarify that prevailing wage will be paid only at the worksite itself and for travel between the worksite and a designated central stockpile where aggregate supply construction materials are delivered. Prevailing wage will not apply to out of jurisdiction deliveries of aggregate supply materials to the designated central stockpile.”
Subsequently, Section 220(3-a)(f) was amended to reflect the agreement described in the Governor’s Approval Memorandum; however, the amendment introduced new terms, such as “worksite,” that were not defined. These undefined terms leave open questions about the application of the law. This rule defines when prevailing wage is required by this law by defining key terms applicable to conditions within the scope of the statue.
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