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ABC Members Guide to the Hauling & Delivery of Aggregate Supply to Public Jobs

Prevailing Wage for Aggregate Hauling

This webpage serves as your guide to better understand and comply with New York State's new requirements related to prevailing wage for the hauling & delivery of aggregate supplies.

Recent Updates:

50-Mile Radius Rule Update

The plaintiffs challenging the 50-mile rule and DOL have agreed to maintain the stay of enforcement of the 50-mile radius provision through the date the Appellate Division renders its decision.

This means that we go back to the original interpretation of the law: prevailing wage shall be paid while the driver is on the work site and/or a central stockpile. 

If you have any questions, please contact Tanner Schmidt at or (585) 730-1814.


After passing both houses, A.8727/S.7811 was signed by Governor Hochul in February 2022, amending paragraph f of subdivision 3-a of section 220 of the labor law relating to the payment of prevailing wage for work involving the delivery to and hauling of aggregate supply construction materials.

What You Need to Know:

  • Prevailing wage must be paid in the following circumstances:
    • Work performed at a worksite involving delivering aggregate supply construction materials to such worksite.
    • Work performed involving the hauling of aggregate supply construction materials from a worksite to a central stockpile, as well as any return hauls, empty or loaded, time spent loading or unloading at a worksite, and time spent loading or unloading at a central stockpile related to hauls from or to a worksite.

Key Definitions: 

  • “Worksite” means the area in which the improvements associated with a specific project, as defined in the construction contract, and any surrounding areas supporting that specific project.
  • “Central stockpile” means a location of centrally stockpiled materials solely dedicated for use on a public work project that is not part of a worksite but intended to support the worksite.
  • “Aggregate supply construction materials” means sand, gravel, stone, crushed stone, dirt, soil, millings, and fill.