The New Mexico Public Works Minimum Wage Act applies to employers and employees working on state or locally funded public works construction jobs. Prevailing wage rates are determined by the Director. If a collective bargaining agreement covering the same or most similar class or classification of laborer or mechanic as set forth in 126.96.36.199 NMAC has been filed with the division in accordance with 188.8.131.52 NMAC, then the collective bargaining agreement is the general prevailing wage rate. If the data submitted pursuant to Subsection A of 184.108.40.206 NMAC for employees not covered by a collective bargaining agreement constitute thirty per cent or more of the man hours worked for a given classification, the Director establishes the prevailing wage rate for the classification as the weighted average of the total man hours. The Total man hours means the number of hours worked in a classification by employees covered by a collective bargaining agreement plus the number of hours worked by employees not covered by a collective bargaining agreement, as reported to the division. If no collective bargaining agreement covering the same or most similar class or classification of laborer or mechanic as set forth in 220.127.116.11 NMAC has been filed with the division in accordance with 18.104.22.168 NMAC, then the Director must establish the prevailing wage rate based upon information through voluntary submissions and pursuant to a survey. 22.214.171.124 NMAC.
In New Mexico, for a public works project, the total value of the project must exceed $60,000 for prevailing wage law to apply.
A wage decision is the set of wage rates for a specific public works construction project. The person putting together project bid documents requests a wage decision by submitting a request that describes the scope of work. The type of work determines the type of rates issued. The four sets of rates are for:
"A" - Street, highway, utility and light engineering;
"B" - General building;
"C" - Residential; and
"H" - Heavy engineering.
If 80% of the project is not in one type of construction, two types of rates may be issued. A wage decision expires 120 days after the issue date - unless the bid opening takes place. When the bids are opened before the expiration, those rates are good for the life of the project.
Depending on the type of method used by the Director, if collective bargaining agreements are used, then if there is an increase in the collective bargaining agreement, then there is an increase in prevailing wage rates.
According to New Mexico prevailing wage law, an employee must be compensated for overtime for any hours work in excess of forty hours of work in a seven-day workweek for the same employer, regardless of how many projects the employee works on. Overtime pay is 1.5 times the base pay with fringes added back. For example, if the base is $12/hr and the fringe benefit is $2/hr, the total over time ratio is 12 x 1.5 + 2 or 18 + 2 = $20.
New Mexico prevailing wage law does not set different rates for working on Saturday or Sunday. The same rules as overtime apply when working on Saturday or Sunday.
New Mexico prevailing wage law does not require a different prevailing wage rate for working on legal holidays. The same rules for overtime apply when working on holidays.
New Mexico prevailing wage law does not address shift differentials.
Travel and subsistence are paid based on the trade and location. "Type B" is the only set of contractors that receive travel and subsistence:
Inside Electricians working at a Los Alamos County jobsite get $4.10/hr. subsistence pay plus base/fringe.
Inside Electricians working at a Lea Co. job site get $75.00/day subsistence pay plus base/fringe.
Iron workers working on projects 50+ miles over the most direct regularly traveled route from Albuquerque, or the employee's home, whichever is closer, shall be paid $5.00/hr. subsistence plus base/fringe.
The "Big I" Interchange in Albuquerque, or the employee's home, respectively shall be used as basing point.
The current State of New Mexico Official Highway Map shall be there ference for routes and distances. All of Santa Fe County is $5.00/hr subsistence area.
Plumbers/Pipefitters working at a Los Alamos County job site get $.80/hr. incentive pay plus base/fringe.
Sheet Metal Workers working at a Los Alamos County job site get $2.00/hr. incentive pay plus base/fringe.
Sheet Metal Workers living 60+ miles from a San Juan County job site get $3.00/hr. subsistence pay plus base/fringe.
Sheet Metal Workers working 90+ miles from Contractors Home base & employees home get $50.00/day subsistence pay plus base/fringe regardless of county.
Subsistence does not apply to "Type A" construction (street, highway, utility, light engineering), "Type C" (residential construction) and "Type H" construction (heavy engineering).
Training contribution appears to be required in the New Mexico's prevailing wage regulations for Type B, C, and H construction.
The total wage rate includes a base rate, a fringe benefit rate (e.g., for health, retirement, life insurance, training (not apprenticeship) & vacation benefits) and sometimes, a rate for mandatory contributions to apprenticeship.
The director shall determine the employers' contribution requirements under the provisions of the Public Works Apprentice and Training Act, and that information shall be part of all public works construction projects.
When a violation is reported or detected, the director shall convey that information to the contracting agency. The director has a non-discretionary duty to request all payroll records in question from either the subcontractor or the prime contractor no later than thirty business days after receiving the information pertaining to the alleged violation. The contractor or subcontractor shall provide legible copies of the certified payroll records within ten (10) business days, when requested by either the director or an interested party through the director.
If the contractor or subcontractor has not complied with the request for certified payroll records or if the director determines that a violation of the Public Works Minimum Wage Act has occurred and not been rectified, payment to the contractor in proportion to that owed to the non-compliant contractor or subcontractor, shall be withheld by the contracting agency until compliance has been secured pursuant to the certification procedure outlined in Section 13-4-14(A) & (B) NMSA 1978. The contractor or subcontractor that does not comply with the act or the provision of these regulations can also be subject to debarment. The contracting agency may, if necessary, request the attorney general, through the director to take legal action to ensure compliance with the act and the regulations contained herein.
New Mexico Department of Workforce Solutions
Public Works Minimum Wage Act Regulation
Public Works Flow Chart
Wage Decision Form
Public Works Project Search
Type A Prevailing Wages (Street, Highway, Utility, or Light Engineering
Type B Wage Rates (General Building)
Type C Wage Rates (Residential Construction)
Type H Wage Rates (Heavy Engineering)
With all Public Works phone inquiries to:
Kim Kew 505-841-4405
Otis Caddy 505-841-4406
Public Works' Email
Registered Contractor's List: Kim Kew
625 Silver St. SW, Suite 410
Albuquerque, NM 87102
226 South Alameda
Las Cruces, NM 88005
1596 Pacheco Street, Suite 103
Santa Fe, NM 87505