As of December 30, 2024, no contractor may submit a bid for public work in New York (or for private work where prevailing wages are required) unless it is registered with the Department of Labor. It will also be illegal to engage any subcontractor that isn’t registered. There will be a $1,000 fine for each violation.  

On May 29, 2024 the DOL published a proposed rule for enforcement of the NYS Labor Law 220-I Act. 

Under the law the Commissioner will determine whether a contractor or subcontractor is “fit” to register, based on previous labor law and workers compensation law violations, including prevailing wage requirements, and will create a publicly available online database. 

Section 223.3 of the proposed rule defines the following contractor/subcontractor as “Unfit to Register”: 

• (a) A contractor or subcontractor that is currently debarred or ineligible pursuant to section 220-b(3) of article 8 of the Labor Law shall be determined unfit. The contractor or subcontractor may reapply for registration after the period of such debarment or ineligibility has lapsed. 
• (b) A contractor or subcontractor that is currently debarred or ineligible pursuant to section 141-b of the Workers’ Compensation Law shall be determined unfit. The contractor or subcontractor may reapply for registration after the period of such debarment or ineligibility has lapsed. 
• (c) A contractor or subcontractor that is currently subject to a final administrative or court order for violation of State or federal prevailing wage law which has not been fully satisfied shall be determined unfit. The contractor or subcontractor may reapply for registration after such violation has been fully satisfied and proof of satisfaction has been provided to the commissioner. 
• (d) The commissioner may revoke or suspend a registration if a contractor or subcontractor becomes unfit pursuant to, and consistent with, the provisions of the Act and this Part.

The DOL will be providing an electronic form and database system to facilitate compliance. The filing fee is $200 ($100 for MWBE/DBEs). The registration certificate is good for two years and must be renewed biannually. 

The information required will include: 

• Contact and ownership information
• Tax ID number, unemployment insurance registration number and workers compensation board number
• Outstanding wage assessments, prior debarments, payroll tax law violations, failure to maintain unemployment and workers compensation insurance, final determination of OSHA violations
• Association with or signatory to an approved apprenticeship program

Stay informed. You need to register if you perform public work or “covered” private work. 

Daniel P. Adams is a partner with the law firm of Adams Leclair LLP. He focuses his practice on construction law and litigation. He can be reached at dadams@adamsleclair.law.

Attorney Advertising: The enclosed materials have been prepared for general information purposes only and are not intended as legal advice