Aggregate Delivery Wage To be Enforced

Yesterday it was announced that the Appellate Division of the New York State Supreme Court affirmed an initial decision from last fall to hear the prevailing wage/50-mile radius provision challenge regarding the delivery of aggregate materials to project sites.
 
Our colleagues at AGCNYS, which is one of the plaintiffs in the matter, informed us that yesterday’s decision dismisses the industry’s challenge on procedural grounds related to venue asserted by NYSDOL and the Attorney General, not on the merits. 
 
The Appellate Division’s decision effectively ends the current stay on implementation that has been in place since May 31, 2023. As such, NYSDOL is no longer prohibited from implementing this provision of the Adopted Rule. 
 
We are now awaiting information from NYSDOL regarding the timing of enforcement and when the industry can expect publication of the updated guidance.