The video is a discussion about the New York State Department of Labor (DOL) changes regarding the Public Work/Prevailing Wage Rate Case (PRC) numbers and the certified payroll system. The discussion is led by Kristen Anini, the program administrator for safety and health at Eastern Suffolk BOCES and a board member of the Suffolk Chapter of the School of Facilities Association. She is joined by Matt Meyers from the New York State Department of Labor, who is the chief of downstate operations for the Bureau of Public Work and Prevailing Wage Enforcement.

 

Key points of the discussion include:

 

Certified Payroll System and PRC Numbers:

• The DOL launched the certified payroll system on January 1st, which requires contractors to input certified payroll information, leading to contractors calling for PRC numbers.

• The system is still in its final stages of being built, and a second part is being developed to integrate case management systems with the certified payroll system.

• The goal is to eventually give agencies a separate portal to access certified payrolls, as opposed to the current public open data.

• Contractors submitting certified payroll electronically are no longer required to give a copy to the contracting agency, as previously stipulated in Article 8. However, agencies can include language in their contracts to still require contractors to provide copies of the certified payroll.

• Open data of certified payrolls will be available to the public 45 days from the beginning of the month (around February 15th).

• The speaker from the DOL will provide the link to the open data site to Kristen Anini in about a week, once it is formalized.

Obtaining and Using PRC Numbers:

• Who needs a PRC? The agency that writes the check is required to get a PRC number. This applies even for pre-bid agreements or piggybacking on contracts from BOCES or other entities.

• Best Practice for Maintenance: It is recommended to get a single, regular wage schedule for general maintenance and repair district-wide and use that PRC number for small one-off repairs.

• Multiple Contractors on One Project: PRC numbers are project-specific. Multiple contractors working on the same project should use the same PRC number.

• Issue with Multiple Users: There was a recent issue where only two or three contractors could use the same PRC number before the system kicked others out, but the DOL is working with Ernest and Young (EY) to correct this so an "unlimited amount of people" can share the same PRC number.

• Information Needed for PRC: Not much special information is needed, as the process is electronic. Required information includes the location of the work and what is being done.

• Location Flexibility: A single PRC number can cover "various locations in the district" or multiple school buildings, which is helpful for blanket purchase orders (POs).

• Duration: A PRC number can generally be used for about two years, although they have been issued for projects lasting four or five years. The wage rate will automatically update online.

• Emergency Work: If a contractor is brought in for an emergency on a weekend, the agency can request the PRC number on Monday and give it to the contractor. The contractor has 30 calendar days from the time the work was performed to enter it into the system.

• Insurance Claims: If a project is paid for by an insurance claim, the agency should still generate the PRC number on behalf of the insurance company.

Contractor Certified Payroll Submission:

• When to submit: Contractors should submit certified payroll once work is performed on the public work project, not for materials ordered ahead of time.

• No Work Submission: For open POs where no work occurred that month, contractors should go into the system and enter "no work".

• Grace Period: There is a 14-day grace period after the 30-day count for certified payroll submissions before the system would be activated to issue a violation. The system for issuing violations is not expected to be turned on until the end of May.

• Editing Payroll: Contractors can go back in and edit a payroll submission, especially within the 14-day grace period.

• No Fines (Initially): If a contractor forgets to enter "no work" for one school one month, they will not get fined immediately. The system will issue a notification/warning first.

• Employee Information: Employee information will save under a specific PRC number from week to week, but it will not transfer across different PRC numbers.

Other Topics:

• Payment Bonds: The DOL confirmed that contractors' installers do not have to carry payment bonds on every project; there is a "no payment bond" box that can be checked.

• Contractor Finding PRC: Contractors cannot search for a current PRC number for a job on the DOL website because the information is not publicly available. Contractors should contact the agency to get the PRC number.

• Prevailing Wage for Custom Fabrication: A new law on prevailing wage for custom fabrication, even if outside New York State, will not take effect until June, and the DOL is still formulating what is considered "critical to the project".

• Janitorial/Movers: Prevailing wage requirements under Article 8 do not apply to janitorial cleaners or furniture movers (Article 9).

• On-Site vs. Off-Site Work: Currently, the DOL focuses on on-site work, with an exception for new legislation they are developing