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This includes loading and unloading time and waiting time at the Public Works Project site as well as delivery and hauling to and from the site.
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Drivers are not eligible for prevailing wages for time and work driving to or from any other, non-Public Works Project location.
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In those instances, drivers must be paid prevailing wages for all time and work spent between the plant and the Public Works Project through final delivery. Delivery of Asphalt, Concrete from Commercial Plants in Nassau and Suffolk Counties: PREVAILING WAGES ONLY for hauling asphalt or concrete from commercial plants to or from a Public Works Project not more than 50 miles away.Delivery of Materials (except for asphalt and concrete in Nassau and Suffolk counties): NO PREVAILING WAGE for hauling or dropping off materials and supplies.Some work in each category is eligible for payment of prevailing wages.ĭelivery of Materials: most deliveries of materials and supply are not eligible for prevailing wages except for specific asphalt and concrete deliveries.
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The New York State Department of Labor has divided truck driver duties into three basic categories: delivery of materials and supplies, removal of materials, and fuel delivery. We’ve created a checklist summarizing the rules and regulations from the New York State Department of Labor. Some of this work is eligible for payment of prevailing wages, while other duties are not eligible.
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When it comes to the work of driving materials to and from New York Public Works Projects, the law is, unfortunately, less clear and much more complicated. The law is clear that drivers must be paid prevailing wages for any and all physical labor performed on Public Works Projects, such as assisting laborers in hauling materials and equipment and sweeping debris.
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There is a wide range of jobs that are eligible for payment of prevailing wages, ranging from traditional construction workers to safety flaggers, certain security guards, and certain technicians on HVAC, fire, and alarm systems. Workers who perform construction and other physical work on Public Works Projects, as well as some building service workers on government-funded sites and buildings, must be paid a wage rate that is set by the government, which is called the “prevailing wage.” The prevailing wage differs by location and job duties or trades. ” New York recently expanded the definition of Public Works Projects to encompass more construction projects funded in part by government entities. In short: construction and similar projects that are funded at least in part by the government and are intended to benefit the public are known as “ public works projects. This post will focus on a question that comes up for us frequently: are drivers who work at public works job sites entitled to receive prevailing wages for part or all of their work?įor a refresher on prevailing wage, see our posts on prevailing wage generally and prevailing wage in New York. We previously discussed a few of the challenges of driver classification, focusing on gig services, like Uber and Lyft, as well as drivers for more traditional delivery services like Fed Ex. Many factors make it tricky for New York truck and delivery drivers to determine what pay they are entitled to receive.
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Unpaid Commissions & Other Earnings (bonuses).
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