Westchester County Executive Ken Jenkins has introduced legislation to the Westchester County Board of Legislators that would require landlords leasing property to the County to use contractors and subcontractors who pay prevailing wages for certain construction projects performed on County-leased facilities.
The proposed law, titled the “Westchester County Lessor Prevailing Wage Act,” addresses the current law by ensuring that construction workers on projects undertaken for the County, but performed on leased rather than publicly owned property, receive fair, prevailing wages consistent with the County’s longstanding commitment to equitable labor standards.
Under New York State Labor Law, prevailing wages are required on public work projects. However, when construction takes place on privately owned property leased by the County, those projects may not always meet the legal definition of “public work,” even when they directly benefit County operations and the public. As a result, workers on those projects are not currently guaranteed prevailing wages.
Jenkins said: “We stand firmly with organized labor. This legislation ensures fairness and consistency across all construction projects undertaken for Westchester County. When work is done to support County government and serve our residents, the workers performing that work deserve fair pay. By addresses the situation, we are protecting workers, promoting high-quality construction and ensuring that our public investments reflect our values.”
Business Representative Local 3 IBEW Louis Sanchez said: “Today we introduced the Leaseback Bill, a measure designed to close this loophole and ensure that all workers receive the wages and benefits they deserve. This Leaseback Bill is an essential step toward safeguarding workers’ rights while strengthening our local economy, bringing us one-step closer to economic justice for all.”
The legislation would apply to lease agreements with terms of 10 years or more and to construction projects exceeding $250,000 that are undertaken at the request of, or on behalf of, the County. Under the proposed law, lessors would be required to hire contractors and subcontractors who pay prevailing wages and maintain certified payroll records to verify compliance.
The measure also protects the County’s operational and financial interests by helping ensure that construction projects are completed safely, efficiently and to high professional standards. Research and industry experience consistently show that prevailing wage requirements support skilled workforces, improve safety outcomes and reduce costly delays and deficiencies.
The legislation includes exemptions for emergency construction work when necessary to protect public health and safety and would apply to new lease agreements entered into beginning 120 days after adoption.
The Westchester County Board of Legislators will consider the legislation in the coming weeks.