KEN KIRSCHENBAUM, ESQ
ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE
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More on prevailing wage
June 10, 2026
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More on prevailing wage
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    I received a call today from a New York fire alarm company concerned that a fire department was now requiring that all fire alarm inspections be performed by worker paid prevailing wage.  Turns out the information was inaccurate, but reminded me of one of my least favorite topics.  
    I'm not sure the source of the rumor but there is an opinion by the New York Attorney General [apparently taking a break from running after Trump] that testing and inspection of fire alarm systems falls in the category of system maintenance and "employees performing such work must be paid prevailing wages ...".   
    Like other states [especially those who love to make life for employers difficult] New York requires contractors to pay prevailing wage when working on public projects or government contracts.  But this has never applied to contracts between fire alarm companies and their customers in the private sector.  
    A previous article warned you to check if your state requires prevailing wage when working on government projects or contracts, and if it does, be sure to comply.  
    I believe it is still the rule that prevailing wage does not apply to private residential, commercial, consumer or corporate fire alarm, anywhere.  If you have a state that imposes it on non-government jobs let us know.
    Just be aware that you can commit to prevailing wage in any contract, including a private contract.  If you aren't aware, and you do contract that way and don't comply, you will leave yourself open to breach of contract with the customer and claims by your employees that you underpaid them.
    If you're a Concierge Client call or contact K&K Employment Department.  If you're not a Concierge Client, don't call [K&K charges more than prevailing wage], especially me; as I mentioned, this isn't my favorite topic.
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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