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The New York State Department of Labor has established a new online database for the submission of prevailing wage and supplemental benefit information for public work projects. Contractors and subcontractors performing work subject to prevailing wage requirements are required to use this database to report wage rates and benefit information in accordance with applicable law and Department of Labor guidance. Compliance with the database reporting requirements is mandatory and applies to all covered work.
As part of this reporting obligation, contractors must submit accurate and complete documentation demonstrating how prevailing wage supplemental benefits are provided to employees. Required documentation must be uploaded at the time wage and benefit information is entered into the system and must reflect the method by which benefits are delivered. These benefits can be provided through a funded(benefit trust) or unfunded plan(company administered). Failure to properly submit wage and benefit information and supporting documentation may result in findings of noncompliance and potential enforcement action by the Department of Labor.
In consultation with the DOL regarding the new prevailing wage reporting database, employers are required to submit corresponding plan documentation when uploading benefit information. If benefits are provided through a funded plan, you must upload your Summary Plan Document (SPD) or another signed document from your benefits provider (for instance, your health insurance plan) verifying the benefit offering. If plan administration is done in-house, you must submit, on your letterhead how you are operating the plan. For example, if you are using fringe dollars for health insurance premiums, provide a spreadsheet with the name, coverage and credit taken. The same applies to additional benefits, such as vacation/holiday pay. Remember, you cannot use fringe dollars to pay mandatory sick pay or holiday pay.
These plan documents (funded or unfunded) must be submitted each time a certified payroll is submitted.
If you are paying the fringe benefit dollars in cash, there is no documentation needed.