Starting December 30, 2024, New York Labor Law Section 220-i will require all contractors and subcontractors working on public projects and certain private projects to register with the New York State Department of Labor (DOL). The requirement applies to contractors and subcontractors working on public projects and private projects funded by certain public subsidies (Labor Law sections 224-a, 224-d, 224-e, and 224-f), performing any construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication work.
Contractors and subcontractors must register to bid on, or commence work on, covered projects starting December 30, 2024. Importantly, contractors will be responsible for verifying that any subcontractors they work with are also registered. The DOL will have authority to assess civil fines up to $1,000 for failing to comply with the new registration requirements.
Applications must be submitted online through the New York State Contractor Registry on the NY.gov ID portal. Contractors should visit the DOL Contractor and Subcontractor Registry website, https://dol.ny.gov/contractor-and-subcontractor-landing, for guidance and a list of required documentation. A nonrefundable fee of $200 applies, though certified Minority or Woman Owned Business Enterprise (MWBEs) will pay a reduced fee of $100. Upon successful registration, a Certificate of Registration valid for two years will be issued. Renewals must be completed at least 90 days before expiration.
These changes are consistent with legislative trends regarding prevailing wage and oversight requirements in public contracts and public/private partnerships. For example, in recent years, the Legislature has amended Labor Law 224-a to subject “covered projects” performed under private contracts to prevailing wage requirements. A private project is covered if it is funded by more than 30% public funds and has a total contract value of $5 million or more, with specific exemptions for renewable energy projects, one- or two-family dwellings, and work performed for not-for-profit corporations.
Potential Impact on MWBEs
MWBEs must identify their certification status during registration and provide proof. However, MWBEs with pending renewal applications or appeals may face additional scrutiny if their certification has expired. The DOL may request further information to complete the registration process for these entities.
