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. Click on the link below for the current list of covered developers under the Prevailing Wage law:
    HPD Covered Developers Under 6-130
    6-130 Prevailing Wage Covered Developers as of 7-1-2017
    6-130 Prevailing Wage Covered Developers
    Review details and current rates for each affected title

  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.
    Effective 1/1/2017 – 3/31/2017
    Wage Rate per Hour: $10.50
    Supplement Benefit Rate per Hour: $1.70
    Effective Period: 4/1/2017 – 12/31/2017
    Wage Rate per Hour: $10.70
    Supplement Benefit Rate per Hour: $1.75

    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 the current list of employers and sites covered by the Fair Wages for New Yorkers Act:
    HPD Covered Developers Under 6-134
    6-134 Living Wage Covered Developers as of 7-1-2017

    6-134 Living Wage Covered Developers Brooklyn Navy Yard Development Corp.
    Review details and current rates

  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. From the effective date of September 30, 2014 to March 31, 2015, the Executive Order increased the Fair Wages for New Yorkers Act living wage rate to $11.50 per hour with health benefits, or $13.13 without health benefits. The new living wage rate for the period between April 1, 2015 and March 31, 2016 will be $11.65 per hour with health benefits or $13.30 per hour without health benefits. 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 indicated above 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:
    Executive Order No. 7 Living Wage Covered Developers
    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.

    January 31, 2017 Report from the Economic Development Corporation under Section 6-134(h)(3):
    Jan 2017 EDC report under 6-134(h)(3)