The New York State Department of Economic Development (NYSDED) has published final guidance regarding implementation of Governor Andrew Cuomo’s 2017 Executive Order (E.O.) 162, which requires covered state contractors and subcontractors to report gross wage data to the state for contracts entered into on or after June 1, 2017. Under the final guidance, the first updated workforce utilization reports are due within 7 to 10 days after the end of the first quarter for 2018, or by April 10, 2018.
Although NYSDED published draft guidance last June and intended to issue final guidance in time for contractors to begin reporting in January 2018, publication of final guidance was delayed while the agency considered public comments.
Notable changes from the draft guidance include:
- Contractors and subcontractors are required to report total “gross wages” paid to employees for work completed in connection with the state contract.
- Although construction contractors must continue to submit workforce utilization reports on a monthly basis, gross wages have to be reported only quarterly. State agencies also have discretion to accept certified payroll reports as a way to meet the requirements of E.O. 162 if the information contained in these reports is deemed sufficient by the state agency.
- The first updated workforce utilization reports are due within 7 to 10 days after the end of the first quarter for 2018, and state agencies will have discretion to provide a 30-day extension for these initial reports. Accordingly, the first reports will be due by April 10, 2018.
A copy of the final guidance, along with frequently asked questions (FAQs), a summary of the comments received and department responses, instructions for submitting the updated workforce utilization report, and an updated workforce utilization report form, are available here.
Members of the Center for Workplace Compliance (CWC) can read more here.