by Donald S. Krueger & D. Martin Stanberry
New York state courts appear primed to resolve important questions about competitive bidding for public contracts in New York City and the ability of contractors to successfully challenge city officials’ actions that directly affect the wage and benefit components of their bids.
Under New York law, a contractor awarded a public contract by the state or a municipality must pay the “prevailing rate” for wages and fringe benefits to their workers performing services under that contract. These prevailing rates are established by the ...
U.S. Department of Labor Issues Proposed Rule on H-2B Wage Rates
On October 4, 2010, the Employment and Training Administration, U.S. Department of
Labor (“DOL”), issued a proposed rule that would require employers to pay H-2B and
American workers recruited in connection with an H-2B job application a “wage that meets
or exceeds the highest of: the prevailing wage, the federal minimum wage, the state minimum
wage or the local minimum wage.” The proposed rule was published on October 5, 2010, in
the Federal Register. Interested parties have 30 days to ...
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