Construction workers employed on SCA projects have the right to be paid prevailing wages and provided fringe benefits (e.g., medical, pension, etc.) based upon the trade work that they are performing (e.g., Carpenter, Electrician, Laborer, Plumber, etc.). Prevailing rates are the hourly wage and supplemental benefit rates set annually by the New York City Comptroller for employees of contractors performing public construction work. The Labor Law Compliance Division (LLC) of the SCA enforces labor laws and contractual obligations with respect to employee wages, benefits, overtime, and the use of union labor on NYC public school projects. All construction workers are entitled to be paid overtime when they work more than eight hours in a day and/or more than five days in a week. More detailed information about Prevailing Rates, the SCA Project Labor Agreement PLA (Project Labor Agreement), the Labor Law Compliance Division and Overtime is available on this web page and in the documents below. 

In order to protect your rights, we strongly recommend that you keep track of all the work you perform, preferably in a written or electronic calendar that you use solely to keep track of your work. This can help us recover any funds due to you. 

Please keep records of the following:
  • Address or Public School name and borough of all projects
  • Name of the contractor you are working for including the firm’s address and phone number.
  • Name of agency or authority that the contractor worked for (SCA, DDC, etc.)
  • Specific type of work that you did (asbestos handler, bricklayer, mason tender, painter etc.)
  • Documents that show all wages paid to you and all hours worked
  • Pay stubs, W2s, and any information your employer tells you about your pay rate
  • Documents or notes of the hours you work, including your arrival time, start time, end time, overtime hours, meal/other breaks and other information about your employer’s pay practices 
  • Any paperwork from the contractor or union
  • Any work IDs from all of the jobs you worked on
  • Photos of completed Daily Signature Logs (Signed)
  • Pictures of yourself working on the site 
  • Names of any employees/supervisors that worked on the job with you (For Reference)
  • Receipts -- specifically if paid in cash, deposit the exact amount and provide the location of the project and the weekending associated with the transaction
  • The dates and the reasons of any early dismissals on a work site

 

The U.S. Department of Labor has a free mobile timesheet app and a work hour calendar (links below) that you can use to track the items on a daily basis.

The following are links to the worker protection timesheet calendars:

 

If you suspect you are being underpaid, please contact the LLC directly at 718 472-8100 (LLC Hotline) or email laborlaw@nycsca.org. You may also file a Prevailing Wage Complaint with the NYC Comptroller’s office using the Claim Form below on this page. If you do, we suggest you also email us a copy at laborlaw@nycsca.org. Workers are entitled to prevailing wages regardless of immigration status. Calls and communications will remain confidential.

Please see below for links to important worker Prevailing Wage protection documents: 

 

We can help you recover any wages owed to you by SCA contractors free of charge.

There are Project Labor Agreements (PLA) in place covering specified rehabilitation and renovation work performed by SCA contractors. The PLA governs the relationship between the SCA, its contractors, and labor with respect to specified rehabilitation and renovation work. A PLA establishes the terms and conditions of employment for this designated construction work. The agreement applies to all contractors and subcontractors who successfully bid on the project. Only contractors and subcontractors who are either signatory with one or more of the unions that signed the PLA, or who sign a Letter of Assent (formerly an Affidavit of Project Labor Agreement) for the project can perform SCA construction work that is subject to the PLA.

There are SCA PLAs for three time periods: one covers Fiscal Years 2010-2014, one covers Fiscal Years 2015-2019 (as extended to part of 2020) and one for Fiscal Years 2021-2025.

 

PLA Documents

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The Labor Law Compliance Management System (LCMS) is an electronic certified payroll system that allows users to review and submit certified payrolls and packages electronically. Users can access LCMS twenty four hours a day, seven days a week via the Internet (Internet Explorer version 11 or better, Mozilla Firefox versions 30-41, Google Chrome versions 30-45 or Apple Safari 6.x-9x). SCA contractors and subcontractors are required to use the LCMS system to submit payroll reports.

The system allows for manual entry of data or weekly feeds via a customized interface from most payroll systems such as Benefit Mall, Sage 300, Paychex, and QuickBooks. Contractors must also submit Daily Signature Logs (DSLs) electronically via LCMS. Once uploaded, there is no need to provide the original documents directly to the SCA. However, contractors must retain them as with other contract documents. Instructions detailing how to upload DSLs are available in the support section of LCMS.

LCMS is used by SCA subcontractors and general contractors, as well as SCA Construction Management, the Labor Law Compliance Division, the Business Development Department, the Change Order Unit, the SCA Office of the Inspector General and the Department of Education’s Division of School Facilities.

The SCA's IT Training Department provides courses for new LCMS users and webinars for those already familiar with the LCMS system. 

LCMS Training, Contacts, and Helpful Links

Below are outlines for classes being offered to SCA project management staff, construction managers, general contractors, and their subcontractors:

LCMS Certified Payroll for General Contractors and Subcontractors

This training session is designed to give users both an overview of the system, as well as, a thorough, hands-on training. General contractors and subcontractors must complete this training to gain access to LCMS.

  • Introduction
  • Getting Started
  • Company Setup
  • Project Setup
  • Submitting Certified Payroll Reports
  • Reviewing and Resubmitting Certified Payroll Reports
  • Submitting Certified Payroll Packages
  • Reviewing and Resubmitting Certified Payroll Reports
  • Uploading Daily Signature Logs (DSL’s) into LCMS

Please note: The SCA requests that general contractors and subcontractors only send employees who are responsible for payroll within their company.

LCMS Certified Payroll for Project Officers and Construction Managers Introduction

  • Introduction
  • Getting Started
  • Project Setup
  • Releasing Certified Payroll Reports
  • Reviewing CPR Packages
  • Accepting a CPR Package
  • Releasing a CPR Package
  • Email: SCA IT Training

For LCMS Policy Issues and/or Technical Issues

LCMS Quick Links

LCMS Documents & Links

SCA contractors may access the information below by logging into LCMS and going to the Help Section of the LCMS Dashboard. These links and documents are only available to contractors whose SCA Prequalification status is “Approved” or “Pending”.

 
The Labor Law Compliance Division (LLC) enforces labor laws and contractual obligations that require construction workers on SCA projects to be paid legally required prevailing wages and benefits for their individual trade classification (e.g., carpenter, electrician, plumber, etc.). when employed on contracts subject to an SCA Project Labor Agreement (PLA).

Prevailing wage is the wage and fringe benefit rate set annually by the New York City Comptroller for each trade or occupation for covered employees of contractors performing public works projects for New York City government agencies. Prevailing wage rates for construction, replacement, maintenance, and repair work on New York City schools and other public works projects are contained in the Comptroller’s Labor Law Article 8 Construction Worker schedules. In nearly all cases, the wage rates for these public work projects are those established by collective bargaining agreements between trade unions and employers where the project is located. The prevailing rate is different for each trade and is based on the work that the individual actually performs on the job, not the occupation title. For example, if the individual is doing the work of a carpenter, the individual must receive the appropriate prevailing wage for a carpenter, even if the contractor incorrectly lists that worker as a laborer or a mason tender.

A Project Labor Agreement (PLA) is a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project. The SCA has entered into PLAs with the Building & Construction Trades Council of Greater New York (BCTC) for specified construction work in Fiscal Years 2010-2014, 2015-2019 (further extended to part of 2020) and 2021-2025. The PLA is an agreement by the SCA with the construction trades that all contractors must agree to as part of a responsive bid. Subcontractors to be used by prime contractors on an SCA contract must also agree to the terms of the PLA to be approved. LLC enforces the terms and conditions of the PLA with respect to employee wages, benefits, and the use of union labor.

Apprentices on SCA sites must be registered with the NYS Department of Labor and must comply with NYS established ratios to ensure safety, training and supervision. A ratio establishes the number of journey workers required for each apprentice in a program and on a job site.

LLC works closely with the SCA Office of the Inspector General (OIG), New York State Department of Labor, the Office of the Comptroller of the City of New York, the District Attorneys of New York City, the United States Department of Labor, the United States Attorney General and other entities and agencies to ensure compliance with these legal and contractual requirements. Innovative language in SCA contracts requires that the contractor assume the cost of any investigation conducted by or on behalf of the SCA which discovers a failure to pay the prevailing wage by either the contractor or the subcontractor.

The SCA maintains a hotline telephone number for inquiries and complaints regarding the failure of a contractor or subcontractor to comply with the requirement to pay the prevailing wage pursuant to Labor Law 220 or the terms of the SCA PLA.

Individual workers, contractors, subcontractors, trade unions, and any other interested party may contact the SCA's Labor Law Compliance Unit at:

 Labor Law Compliance Unit

NYC School Construction Authority
30-30 Thomson Avenue
Long Island City, NY 11101
(718) 472-8100

E-mail: Labor Law

You can learn more about the subject by selecting from the following related links: