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What is the “50 Mile Radius Provision?”

Question – What is the “50 Mile Radius Provision?”

Answer:  The agency has clarified in its guidance that prevailing wage shall only be paid for work performed at a worksite involving the delivery of aggregate materials and for work performed involving the hauling of aggregate materials between a worksite and a central stockpile. Other exemptions detailed in the guidance include:

  • Deliveries made directly to a public entity that are being stockpiled for an undetermined future use.
  • Deliveries to a public entity for a self-performed project handled by the public entity’s employees.
  • Instances involving a single daily delivery to the worksite by a driver employed by a supply or vendor. 

As such, as of July 1, 2024, the 50-mile radius provision - as clarified - applies to all projects solicited on or after this date. DOL has emphasized that its initial focus will be on education and awareness as this provision is incorporated into enforcement efforts. 

How Will the Prevailing Wage Rate be Determined?

Pursuant to DOL, employees must be paid the prevailing wage for the county in which the worksite is located and for all relevant work performed on the worksite or between the worksite and central stockpile.

NYSDOL posted a Fact Sheet and Questions and Answers (Q&A) pertaining to the application of §222(c) of §220 of the Labor Law.