What do security guards earn on New York public building service contracts?
On a public contract over $1,500 whose principal purpose is building services, guards are building service employees under Article 9 of the Labor Law2. The contractor pays each one at least the prevailing wage in the locality, from a schedule that is part of the contract4.
Overtime is time and a half on the prevailing basic cash hourly rate after 8 hours in any one day or 40 in a workweek1.
On the City's own building service contracts, the Comptroller's 2026-2027 schedule sets armed guards at $33.70 an hour plus $8.47 in supplements from July 1, 2026356.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the New York State Department of Labor or, for New York City contracts, the New York City Comptroller or a qualified advisor.
Who sets the prevailing wage, and how does it reach the contract?
The fiscal officer is the “industrial commissioner”, the state's commissioner of labor, except for building service work performed by or on behalf of a city, where it is that city's comptroller or analogous officer6. So a state agency or authority contract in New York City gets its schedule from the commissioner, and a City contract from the City Comptroller.
The fiscal officer determines the crafts, trades and occupations for the work and the wages for each, and the schedule is annexed to the contract specifications before bids are advertised7. For a contract outside New York City, the rate is the one in that contract's own schedule.
The wage includes a basic hourly cash rate and supplements, such as medical care, pensions, insurance, and vacation and holiday pay8. The basic hourly cash rate can never be less than the state minimum wage, or a higher city minimum wage for city contract work9.
No later than the first day of work, the contractor posts the wages to be paid, in a prominent and accessible place on the site10. Article 9 does not cover employees to whom Article 8 or Article 8-a applies2.
What are the security guard rates on New York City contracts?
| Title | From July 1, 2026 | From January 1, 2027 | From May 1, 2027 |
|---|---|---|---|
| Security Guard (Armed) | $33.703 | $33.7011 | $34.6512 |
| Security Guard (Unarmed), all listed requirements | $22.2013 | $22.2014 | $23.1515 |
| Security Guard (Unarmed), 0 to 36 months | $18.8716 | $18.8717 | $19.6818 |
Supplements are $8.47 an hour from July 1, 2026 and $8.77 from January 1, 2027 for each title, with lower amounts for new employees in their first two years under the armed and 0 to 36 month titles31116171314. On January 1, 2027 only the supplements step; the wage rates step on May 1, 20271112.
The higher unarmed title “Includes employees that have completed all the following requirements”: 12 months of employment, FDNY F-01, F-03 and F-04 certifications, FDNY Building Evacuation Supervisor training and 2 hours of Customer Service / Professionalism training13. In residential buildings, unarmed guards are limited to monitoring and patrolling the building premises19.
For armed and unarmed titles alike, supplements are paid for each hour paid, up to forty paid hours a week, and overtime is time and one half after an 8 hour day and after 40 straight time hours in any work week2021. Months of employment count with the employer or at the facility, whichever is greater20.
The schedule's paid holidays, vacation and sick leave are paid or provided on top of the supplement rate22. A guard is eligible for paid holidays after one year of continuous employment2023. Vacation runs from 3 days at 6 months on payroll to 5 weeks at 300 months, plus two personal days a year, and sick leave from one hour per 30 worked in the first 120 days to six paid days after 36 months22.
How does this differ from New York City's Local Law 61?
Local Law 61 sets a minimum wage for private sector guards from January 1, 2027, later under some existing agreements, measured against the wage on City building service contracts over $1,5002425. It does not apply to work under a contract subject to Article 9 of the Labor Law26. The City's Local Law 61 schedule takes its rates from this Comptroller schedule27.
What changes in the week on a public contract?
When you build the schedule
Every hour past 8 in a day, and past 40 in a workweek, is overtime at time and a half on the prevailing basic cash rate1. 12 hours of work in a day carry 4 hours of overtime.
In payroll
On the site
The wages to be paid are posted at the site from the first day of work10.
What does an employer have to be able to show?
Article 9 has its own record rule, § 23329:
- Original payrolls or transcripts, subscribed and confirmed as true under penalties of perjury, with the hours and days each employee worked, the craft, trade or occupation, and the wages paid29.
- Where supplements are paid other than directly to the workers, a record of each hourly payment, the supplement, and the person paid, with a copy of the agreement29.
- Kept on the site of the work while the contract is performed, and preserved for three years after the work is completed29.
New York's general payroll record, for not less than six years, applies too30. From the first day of work, a legible statement of the wages is posted at the site10.
What does the law leave open?
An unarmed guard who fits neither title. The schedule's unarmed titles are one that “Includes employees that have completed all the following requirements” and one for “0 - 36 months”1316. It does not say which rate applies to an unarmed guard past 36 months without the listed requirements. Confirm it with your counsel or the Comptroller's office.
What does the law say exactly?
§ 232. Overtime. An employee, employed by a contractor, who works more than eight hours in any one day or more than forty hours in any workweek shall be paid wages for such overtime at a rate not less than one-and-one-half times his prevailing basic cash hourly rate.
Labor Law § 230(1) who is a building service employee
1. "Building service employee" or "employee" means any person performing work in connection with the care or maintenance of an existing building, or in connection with the transportation of office furniture or equipment to or from such building, or in connection with the transportation and delivery of fossil fuel to such building, for a contractor under a contract with a public agency which is in excess of one thousand five hundred dollars and the principal purpose of which is to furnish services through the use of building service employees. […] "Building service employee" or "employee" includes, but is not limited, to, watchman, guard, doorman, building cleaner, porter, handyman, janitor, gardener, groundskeeper, stationary fireman, elevator operator and starter, window cleaner, and occupations relating to the collection of garbage or refuse, and to the transportation of office furniture and equipment, and to the transportation and delivery of fossil fuel but does not include clerical, sales, professional, technician and related occupations. "Building service employee" or "employee" also does not include any employee to whom the provisions of articles eight and eight-a of this chapter are applicable.
Labor Law § 230(6) the prevailing wage and the minimum wage
6. "Prevailing wage" means the wage determined by the fiscal officer to be prevailing for the various classes of building service employees in the locality. In no event shall the basic hourly cash rate of pay be less than the statutory minimum wage established by article nineteen of this chapter, or, in a city with a local law requiring a higher minimum wage on city contract work, less than the minimum wage specified in such local law.
Labor Law § 230(8) who sets the rate
8. "Fiscal officer" means the industrial commissioner, except for building service work performed by or on behalf of a city, in which case "fiscal officer" means the comptroller or other analogous officer of such city.
Labor Law § 231(1), (3) the duty to pay
§ 231. Prevailing wage. 1. Every contractor shall pay a service employee under a contract for building service work a wage of not less than the prevailing wage in the locality for the craft, trade or occupation of the service employee. […] 3. Each contract for building service work shall contain as part of the specifications thereof a schedule of the wages required to be paid to the various classes of service employees on such work, and each such contract shall further contain a provision obligating the contractor to pay each employee on such work not less than the wage specified for his craft, trade or occupation in such schedule.
Labor Law § 231(4) the schedule annexed to the contract
The fiscal officer shall determine the crafts, trades and occupations required for such work and shall make a determination of the wages required to be paid in the locality for each such craft, trade or occupation. A schedule of such wages shall be annexed to and form a part of the specifications for the contract prior to the time of the advertisement for bids on such contract and shall constitute the schedule of wages referred to in subdivision three of this section.
Labor Law § 233 record keeping
§ 233. Record keeping. 1. In all cases where service work is being performed pursuant to a contract therefor the contractor shall keep original payrolls or transcripts thereof, subscribed and confirmed by him as true, under penalties of perjury, showing the hours and days worked by each employee, the craft, trade or occupation at which he was employed, and the wages paid. 2. Where the wages paid include sums which are not paid directly to the workmen weekly and which are expended for supplements, the records required to be maintained shall include a record of such hourly payment on behalf of such employees, the supplement for which such payment has been made, and the name and address of the person to whom such payment has been made. In all such cases, the contractor shall keep a true and inscribed copy of the agreement under which such payments are made, a record of all net payments made thereunder, and a list of all persons for whom such payments are made. 3. The records required to be maintained shall be kept on the site of the work during all of the time that work under the contract is being performed. 4. All records required to be maintained shall be preserved for a period of three years after the completion of work.
Comptroller's schedule armed guards' supplements, months and overtime
A guard is eligible for Paid Holidays after one year of continuous employment. A guard who works a holiday is paid the regular rate plus receives the paid holiday. […] For all Security Guard (Armed) titles: Supplemental Benefits shall be paid for each hour paid, up to forty (40) paid hours per week. Months of employment shall be defined as an Employee's length of service with the Employer or at the Facility, whichever is greater. […] Overtime Time and one half the regular rate after an 8 hour day. Time and one half the regular hourly rate after 40 straight time hours in any work week.
Comptroller's schedule paid holidays, vacation and sick leave
The paid holidays, vacation and sick leave listed below must be paid or provided in addition to the hourly supplemental benefit rate. […] Vacation Months on payroll Vacation with Pay 6 3 days 12 1 week 24 2 weeks 60 3 weeks 180 4 weeks 300 5 weeks Plus two Personal Days per year […] Sick Leave 0 - 120 days of employment, employees will accumulate one (1) hour for every thirty (30) hours worked 121 days - 36 months of employment, employees will receive five (5) paid sick days 36 months or more of employment, employees will receive six (6) paid sick days
Comptroller's schedule unarmed guards in residential buildings
SECURITY GUARD (UNARMED) (Security Guards in residential buildings are limited to monitoring and patrolling the interior and exterior of the building premises for the purpose of protecting the safety and property of the building, its residents, visitors and employees.)
How does a system hold these rules?
A public contract's hour rules land on the schedule, the timecard and payroll at the same time. This is how they come together in WorkAxle:
- Daily and weekly hours, consecutive days and rest between shifts are set up as rules, each with its start date.
- While the schedule is built, the platform flags each shift that breaks one of those rules and names the rule. The supervisor decides.
- Each clock-in and clock-out is recorded with its time, and at the close of the period hours come out classified by your rules, ready for your payroll system.
The supervisor keeps the last word.
What can you check this week?
- List the public contracts with guards on them and the wage schedule annexed to each7.
- Mark the days over 8 hours worked on those contracts1.
- On City contracts, check the January 1, 2027 supplement step and the May 1, 2027 wage step in payroll1112.
- Check that the statement of wages is posted at each site and that the payrolls are kept there1029.
Sending it to your bid team or your counsel? The printed brief carries the rates and the sources.
This text does not constitute legal advice. Obligations vary by establishment and change over time. Confirm yours with the New York State Department of Labor or, for New York City contracts, the New York City Comptroller or a qualified advisor.
Frequently asked questions
Do security guards get prevailing wage in New York?
On a public contract over $1,500 whose principal purpose is building services, yes: guards are building service employees under Article 9 and are paid at least the prevailing wage24.
What is the prevailing wage for an armed guard in NYC?
On the City's own building service contracts: $33.70 an hour plus $8.47 in supplements from July 1, 2026, $33.70 plus $8.77 from January 1, 2027, and $34.65 plus $8.77 from May 1, 2027 through June 30, 2027311125.
Is there daily overtime on New York public building service contracts?
Yes. An employee of a contractor on a public building service contract over $1,500 who works more than eight hours in any one day or forty in a workweek is paid time and a half on the prevailing basic cash hourly rate12.
Who sets the building service prevailing wage in New York?
The industrial commissioner, the state's commissioner of labor, except for building service work performed by or on behalf of a city, where it is that city's comptroller or analogous officer6.
How long must records be kept on a New York public building service contract?
Under § 233, sworn payrolls showing hours, days, occupation and wages are kept on the site while the work is performed and preserved for three years after it is completed29. New York's general payroll record rule, § 195(4), also applies: payroll records are kept for not less than six years30.
Does Local Law 61 apply to guards on public contracts?
Not to work under a contract subject to Article 9 of the Labor Law or the federal Service Contract Act, among the other standards § 20-1616(a) lists, such as a Port Authority compensation standard26. For other covered guards in the city, Local Law 61's minimum wage starts January 1, 2027, later under some existing agreements2425.
https://www.workaxle.com/compliance-center/united-states/new-york/building-service-prevailing-wage