Lori A. Beirman, director of audit quality 292X292

New York State Department of Labor Contractor Registry – What You Need To Know

1.21.25

A new law in New York that took effect December 30, 2024, will directly affect the bidding process for many contractors and subcontractors. All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered under Article 8 of the New York Labor Law (collectively referred to as “covered projects”) on or after December 30, 2024, are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i. The registry aims to improve oversight, promote compliance with labor standards and uphold fair practices across New York’s construction industry.

Private projects subject to Article 8 of the New York Labor Law include public subsidy-funded projects, renewable energy systems, broadband projects, climate risk-related and energy transition projects and roadway excavations. The law applies to contractors and subcontractors, defined as any entity entering into a contract or subcontract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration or custom fabrication.  With such a broad definition, this new law encompasses a wide range of construction activities in New York.

Contractors failing to comply with the new registration requirements face penalties of up to $1,000 per infraction. They also risk interruptions, as unregistered contractors or subcontractors may face work stoppages if they do not comply. Unregistered contractors cannot bid on public work projects. Furthermore, contractors are responsible for verifying that any subcontractors they work with are registered.

NYSDOL encourages all contractors and subcontractors who have not already done so to register promptly to obtain a Certificate of Registration and avoid disruptions or delays in bidding or project schedules.

What You Need to Know
    • Prepare to Register: Contractors and subcontractors must provide detailed identifying information about their business and officials, proof of workers’ compensation and disability insurance, disclosures of previous labor law violations and details about apprenticeship programs. The NYSDOL website provides a comprehensive list of required materials. Reviewing this list beforehand will help you be prepared to provide the supporting documentation.
    • Registration: To register, contractors and subcontractors must submit an application through NYSDOL’s Contractor Registry portal. There is a nonrefundable registration fee of $200. For New York State-certified Minority or Women-Owned Business Entrepreneurs (MWBE), the fee is reduced to $100.
    • Proof of Registration: Unless the Commissioner finds the applicant unfit, a Certificate of Registration with a unique registration number will be issued to the applicant electronically through the Contractor Registry portal. Contractors and subcontractors will be able to download and print the Certificate of Registration from their Contractor Registry portal account.
    • Unfit Determination: A contractor or subcontractor will be notified through the Contractor Registry portal before an unfitness determination is made and given the opportunity to resolve the circumstance causing the potential unfitness determination or request a hearing within 30 days of notification.
    • Renewal: If approved, a Certificate of Registration is valid for two calendar years from the date of registration. Registrations must be renewed at least 90 days before the expiration date of the immediately preceding registration. Contractors and subcontractors will receive a reminder to renew their registration when it is due.

Additional information regarding the NYSDOL’s Contractor and Subcontractor Registry can be found on the NYSDOL’s website, https://dol.ny.gov/contractor-and-subcontractor-landing.

Contributing author: Lori A. Beirman is the director of audit quality at Dannible & McKee, LLP. She has over 23 years of experience in audit, reviews and compilations across diverse industries, including construction, manufacturing and professional service firms. She also specializes in data analytics and fraud.  For more information on this topic, you may contact Lori at lbeirman@dmcpas.com or (315) 472-9127.