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Article 8 (Construction): Frequently Asked Questions

Hours of Work

Q: When is payment for overtime required on New York State public work?

A: At a minimum, all work performed on a public work project in excess of eight hours in any one day or more than five days in any workweek is overtime. However, the specific overtime requirements for each trade or occupation on a public work project may differ. The specific overtime requirements for each trade or occupation are contained in the prevailing rate schedules issued for public work projects.


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Q: May workers for a contractor work four 10-hour days without being paid overtime?

A: No. All work in excess of eight hours in a day is overtime. (Article 8, Section 220, subd. 2)


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Q: Are "coffee breaks" considered time worked?

A: Rest periods of 20 consecutive minutes or less are considered as time worked upon a public work project. Rest periods include coffee breaks and time for snacks, but do not include bona fide meal periods.


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Q: Does the New York State prevailing wage law require payment for "show up time"?

A: When an employee reports directly to the public work project and is informed that his/her services are not needed, no payment is required. If they are required to wait, they must receive the prevailing rate for the time spent at the job site.


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Q: If a worker receives different hourly rates during the course of a day because he is performing different tasks, what overtime rate is paid when overtime pay is required?

A: The prevailing rate for the occupation the employee is working on at the time the overtime hours are worked.


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