Prevailing wage

New Mexico prevailing wage and certified payroll rules

New Mexico's Public Works Minimum Wage Act covers state and local public building, works, and road projects over $60,000. Contractors register with the Department of Workforce Solutions, keep weekly certified payrolls, and send them to the contracting agency monthly.

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Yes. New Mexico has a state prevailing wage law, the Public Works Minimum Wage Act, and it applies to public building, public works, and public road projects paid with public funds when the contract or project is over $60,000. The Labor Relations Division of the New Mexico Department of Workforce Solutions (DWS) runs it under the rules in 11.1.2 NMAC. Before you bid one of these jobs you need an active contractor registration, and once you are working you keep certified payroll every week and turn it in to the contracting agency every month.

New Mexico prevailing wage at a glance
ItemRule
State lawPublic Works Minimum Wage Act; rules at 11.1.2 NMAC
Covered projectsPublic building, public works, and public road projects with public funds over $60,000
Who sets ratesThe DWS Labor Relations Division director, annually, based on collective bargaining agreements
When new rates applyJanuary 1 after adoption; one wage decision governs a project for its whole duration
Contractor registrationRequired to bid over $60,000; $400 every two years under Section 13-4-13.1 NMSA 1978
Statement of intentSigned statement of intent to pay prevailing wages within 3 days of award
Certified payrollKept weekly, numbered from one, sent to the contracting agency monthly; to the director within 10 business days of a request
CloseoutNotarized affidavit of wages, fringe benefits, subsistence and zone pay before final payment
Record retentionAt least 3 years from final payment
Penalties$100 per calendar day of willful failure to pay; treble damages over $500; willful violators listed with state agencies; registration actions last up to 3 years

What the $60,000 threshold covers

The rules apply to contractors, subcontractors, and employers who employ laborers or mechanics on public building, public works, or public road projects over $60,000 that use public funds. The owner can be the state or a local public body. The rule also reaches subs: a subcontractor bidding more than $60,000 on a covered job has to be registered before it bids, not just the prime.

Say a school district lets a $1.2 million gym roof replacement. The roofing prime, the sheet metal sub, and the electrical sub that swaps the rooftop units are all covered, and each pays the classification rate for its workers. A $45,000 parking lot restripe for the same district would fall under the threshold.

Wage decisions and where to find rates

The director of the Labor Relations Division sets prevailing wage and fringe rates each year, based on collective bargaining agreements for the locality, and publishes them along with an apprenticeship contribution rate. Rates are adopted after a public hearing and take effect January 1. The director also supplies the wage rate posters or summaries contractors must put up on site. Look for the current year's rate files on the DWS public works pages, or call the division.

On a specific job, what controls is the project wage decision. The contracting agency must request it at least three weeks before the first advertising date, and the director issues it electronically within five business days. That one decision governs the project for its entire duration. A newer decision only replaces it if received at least 10 days before bids are due, so check the decision number in the bid documents before you price labor. Our guide on finding the right wage determination covers the same habit for federal jobs.

Paperwork from award to final payment

  1. Registration: keep a valid registration when bids are due and for the whole project. Section 13-4-13.1 NMSA 1978 sets a $400 fee every two years, and the state cannot accept a bid from a prime that does not show proof of registration.
  2. Statement of intent: within 3 days of award, sign the director's form promising to pay prevailing wages and fringe benefits.
  3. Posting: put the wage rate poster in a prominent, easily reached spot on the site.
  4. Weekly certified payroll: keep it updated every week, numbered consecutively starting with number one, with names, classifications, wage and fringe rates, daily and weekly hours, itemized deductions, net pay, the wage decision number, and a statement of compliance.
  5. Monthly submission: send the payrolls to the contracting agency monthly. The prime submits its subs' payrolls, with a signed statement of fringe benefit payments.
  6. Director requests: answer within 10 business days, including full Social Security numbers and current addresses, which you must keep on file.
  7. Affidavit of wages: before final payment, the contractor and each sub file a notarized affidavit of wages, fringe benefits, and subsistence and zone pay, sworn under penalty of perjury.

Apprentices, helpers, and records

Apprentices are paid the apprentice rate the director adopts, plus fringe benefits. Payments to an approved apprentice program do not count as fringe benefits under the rules. Some classifications carry their own limits; for example, the rules set roofer helpers at 60 percent of the journeyman roofer rate, with one helper for every three journeymen. Keep certified payrolls and fringe records at least three years from final payment, and longer if a claim is still open. For ratio and registration basics, see apprentice rules on prevailing wage projects.

Penalties

A contractor that willfully fails to pay is liable to the affected workers for $100 per calendar day, and if the total underpayment is over $500, the worker can recover three times the unpaid wages or fringe. Willful violators go on a list distributed to state agencies, a cancelled, suspended, or revoked registration stays that way for three years unless the contractor promptly corrects the problem, and the contracting agency must terminate the violator's right to proceed within 30 days of a determination unless the case is resolved. The director can also suspend a registration when records are not produced, and a new registration and fee are needed after the contractor complies.

How New Mexico differs from Davis-Bacon

The federal Davis-Bacon Act applies to federally funded or assisted construction over $2,000 and requires payroll weekly, often on the optional WH-347. New Mexico's trigger is $60,000, payroll goes to the contracting agency monthly instead of weekly, the state requires registration and a statement of intent before work, and it ends with a notarized affidavit before final payment. On jobs with both federal and state money, follow both and pay the higher rate for each classification.

Check the New Mexico contractor license rules and New Mexico prompt payment terms as well, and remember that public jobs usually rely on bond claims instead of a New Mexico mechanics lien. Smart Business Automator builds the weekly payroll from crew time coded by classification and keeps each sub's reports with its pay application. See certified payroll automation.

Frequently asked questions

What is the prevailing wage threshold in New Mexico?

Public building, public works, and public road projects with public funds over $60,000 are covered. Contractors and subcontractors bidding more than $60,000 must be registered.

How often is certified payroll submitted in New Mexico?

Payrolls are kept and updated weekly and provided to the contracting agency monthly. The director can also request them, and you have 10 business days to respond.

How much does New Mexico public works registration cost?

Section 13-4-13.1 NMSA 1978 sets a registration fee of $400 every two years. Check with the Department of Workforce Solutions for the current process.

When do new New Mexico prevailing wage rates take effect?

Rates adopted by the director take effect January 1. A project stays on the wage decision issued for it for the life of the project.

What is the affidavit of wages paid?

A notarized statement, sworn under penalty of perjury, that the contractor and each sub file before final payment confirming wages, fringe benefits, and subsistence and zone pay were paid.

Sources

  1. New Mexico Administrative Code 11.1.2 NMAC: Public Works Minimum Wage Act rules
  2. FindLaw: New Mexico Statutes Section 13-4-13.1, contractor registration (current as of January 1, 2024)
  3. U.S. Department of Labor: Dollar threshold amounts for state prevailing wage laws
  4. U.S. Department of Labor: Davis-Bacon and Related Acts

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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