KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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follow up on prevailing wage
July 8, 2026
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follow up on prevailing wage from article on June 10, 2026
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Ken
We do several private jobs per year that are PREVAILING WAGE. Either because of tax incentives, special financing or other subsidies from the city or state
Scott Diamond
Technology Project Manager
Encore Electric LLC
Shrewsbury NJ 07702
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another comment
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Ken
The standard for the prevailing wage contract is if public funds are in the project. As I understand it, even grant money is given to an NGO will trigger the requirements.
Bart Didden
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another comment
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Ken
We had an attorney get clarification in writing from the Massachusetts Department of Labor on PW. In short, if the job is paid/funded by tax dollars it triggers PW. If the tech must use tools to perform a task it triggers PW. Maintenance (inspections, swap out batteries, smoke head, etc.) where no tools are required does not trigger PW.
Response.
Jason Alcock
Wayne Electric
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Response
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Public contracts are generally awarded pursuant to a bid process, followed by contracts. The bid package and subsequent contracts will call for prevailing wage.
Some public agencies such as schools, may sign your standard agreement for the services you will be performing. That contract will not have prevailing wage requirements. Even so, state law will require prevailing wage be paid and that is something that the state labor department can check any time for compliance. What may be more aggravating to you would be a claim from your employee(s) that you underpaid them by ignoring prevailing wage.
Prevailing wage is most commonly associated with public works, but it can also be required on certain private-sector projects when specific funding, tax incentives, or legal triggers are involved.
Some common situations where prevailing wage may apply even though the project is not a traditional public works project:
Federally funded or federally assisted construction
A private developer may be required to pay prevailing wage if the project receives federal grants, loans, loan guarantees, insurance, or other federal assistance.
Examples can include certain affordable housing developments, water infrastructure projects, airport projects, and federally assisted transportation projects. The federal requirement generally comes through the Davis-Bacon Act and related statutes.
Affordable housing projects
Some private housing developments financed through programs administered by agencies such as the U.S. Department of Housing and Urban Development may trigger Davis-Bacon wage requirements if they meet program-specific thresholds.
Projects receiving clean-energy tax credits
Certain federal clean-energy incentives provide enhanced tax credits only if prevailing wage and apprenticeship requirements are satisfied. This can affect privately owned solar, wind, battery, and other energy projects.
Public-private partnerships (P3s)
A project may be privately owned or operated but still be subject to prevailing wage because of public funding, public ownership interests, lease arrangements, or state law definitions of public work. State rules vary significantly.
State-specific prevailing wage laws
Some states extend prevailing wage requirements beyond classic public works. Depending on the state, requirements can be triggered by tax abatements, industrial development agency financing, economic development subsidies, or other forms of public assistance.
You need to be aware and sensitive to this issue because non-compliance can have consequences.
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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301
ken@kirschenbaumesq.com
www.KirschenbaumEsq.com
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