This program applies a maximum payroll limitation to determine workers' compensation premium. The law does not apply to construction work involving one- or two-family houses. Territorial differentials apply to casual labor and uninsured subcontractors performing commercial work.
For more information regarding this requirement, visit the New York Compensation Insurance Rating Board Liability Insurance Manual, Part I, Rule V (Premium Basis), Subsection G.
Also see NYSIF's Guide to the Construction Employment Payroll Limitation Program.
Eligible Classification Codes
Maximum Chargeable Payrolls
|Effective date||Weekly Payroll Cap|
|7/1/2016||$1,296.48 per week per employee|
|7/1/2017||$1,305.92 per week per employee|
|7/1/2018||$1,357.11 per week per employee|
|Thereafter||New York State average weekly wage|
Weekly payroll records must be kept showing each employee’s actual earnings separately. Employers must separate each employee’s payroll by:
- Classification (type of work performed)
- Hours worked
- Regular pay
- Overtime pay
- Gross pay
- Residential work pay (one- or two-family homes)
- Commercial work pay (non-residential)
- Geographic location (applicable territories for non-residential work)
- Holiday, sick, vacation and bonus pay
Documentation (contracts, invoices, daily work reports) must verify your payroll separation.
Territories & Differentials/Surcharges
Three geographic territories are used to calculate premium and apply differentials/surcharges, adjusted annually.
- Territory 1:
- Bronx, Kings, New York, Queens and Richmond counties
- Territory 2:
- Dutchess, Nassau, Orange, Putnam, Rockland, Suffolk and Westchester counties
- Territory 3:
- All other counties within the state
Sample Payroll Limitation Worksheet
If you don't have a Payroll Limitation worksheet to meet your specific needs, this sample worksheet accounts for most situations.