New Mexico Prevailing Wage Information
GENERAL INFORMATION
The New Mexico Public Works Minimum Wage Act (NMAC) 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 (CBA) covering the same or most similar class/classification of laborer or mechanic as set forth in 11.1.2.17 NMAC has been filed with the division in accordance with 11.1.2.12 NMAC, then the CBA is the general prevailing wage rate. If the data submitted pursuant to Subsection A of 11.1.2.12 NMAC for employees not covered by a CBA 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 CBA plus the number of hours worked by employees not covered by a CBA, as reported to the division. If no CBA covering the same or most similar class or classification of laborer or mechanic as set forth in 11.1.2.17 NMAC has been filed with the division in accordance with 11.1.2.12 NMAC, then the Director must establish the prevailing wage rate based upon information through voluntary submissions and pursuant to a survey. 11.1.2.12 NMAC.
THRESHOLD
The NMAC applies to every contract/project in excess of sixty thousand dollars that the state or any political subdivision thereof is a party to for construction, alteration, demolition or repair.
TIMING OF WAGE DETERMINATIONS
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:
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.
INCREASES
Depending on the type of method used by the Director. For example, if CBAs are used, then if there is an increase in the CBA, then there is an increase in prevailing wage rates.
OVERTIME
According to NMAC, 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.
ORKING ON THE WEEKENDS
New Mexico prevailing wage law does not establish different rates for working on the weekends. Same overtime rules apply for working on the weekends. Please See above for overtime rules.
WORKING ON LEGAL HOLIDAYS
New Mexico prevailing wage law does not require payment of different rates for working on legal holidays. Same overtime rules apply for working on legal holidays. Please See above for overtime rules.
SHIFT DIFFERENTIALS
New Mexico prevailing wage law does not address payment of different rates for working different shifts throughout the day of the same trade.
FRINGE BENEFITS
New Mexico prevailing wage law mandates payment of fringe benefits. Fringe benefits are defined as “payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a CBA, for” the following:
TRAINING CONTRIBUTION
Training contribution is required in the New Mexico's prevailing wage regulations for Type B, C, and H construction.
2015 Wage determination (Type B)
2015 wage determination (Type C)
2015 wage determination (Type H)
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.
APPRENTICE REQUIREMENTS
The following requirements must be met to acquire an apprentice classification:
Please See “Helpful Links” for apprentice forms.
For apprenticeship inquiries:
Phone: (505) 841-8565
Fax: (505) 841-8491
TRAVEL & SUBSISTENCE
Travel and subsistence is paid based on the trade classification and location. “Type B” is the only set of contractors that receive travel and subsistence. Please See wage determinations under “Helpful Links” for details
CONTRACTOR LICENSING
The New Mexico Regulation and Licensing Department issues contractor licenses.
Anyone engaged in construction-related contracting in New Mexico must be licensed. This includes general construction work, electrical, mechanical and plumbing and LP gas. The activities that are considered to be contracting in New Mexico are defined in the Construction Industries Licensing Act, NMSA 1978, Section 60-13-3.
Licensing and examination services are provided by Psychological Services Inc. (PSI). Applicants must pass with a minimum score of 70 percent. For exam services or licensing, click here to go to PSI's website or call (800) 733-9267
Unlicensed Violations
Contracting without a license in New Mexico is against the law. If a contractor is working without a license, the Division may stop the construction project and file a criminal charge of unlicensed contracting in Metropolitan or Magistrate Court. Violators will be eligible for licensure 1 year from date of conviction. Click here to file a complaint against unlicensed violators.
New Mexico Regulation and Licensing Department webpage
Listing of registered contractors
PENALTIES & DEBARMENT
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.
HELPFUL LINKS
Public works minimum wage act manual
Flow chart of public works wage rate
Online contractor registration
Listing of registered contractors
Request for wage determination
Search for public works contracts
Prevailing wage rates—Street, highway, utility, or light engineering construction
Prevailing wage rates—General building
Prevailing wage rates—Residential construction
Prevailing wage rates—Heavy engineering construction
Payroll Statement of Compliance
Weekly payroll form
Public works apprenticeship and training contribution compliance statement
Apprenticeship & training contribution compliance statement for approved programs
CONTACT INFORMATION
New Mexico Department of Workforce Solutions
Public Works and Apprenticeship Contribution Information
Phone: (505) 841-4400
Fax: (505) 841-4424
Email: [email protected]
District Office Locations:
Albuquerque, NM
121 Tijeras NE, Suite 3000,
Albuquerque, NM 87102
Phone: (505) 841-4400
Fax: (505) 841-4424
Las Cruces, NM
226 South Alameda Blvd,
Las Cruces, NM 88005
Phone: (575) 524-6195
Fax: (575) 524-6194
Santa Fe, NM
1596 Pacheco Street, Suite 103
Santa Fe, NM 87505
Phone: (505) 827-6817
Fax: (505) 827-9676
The New Mexico Public Works Minimum Wage Act (NMAC) 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 (CBA) covering the same or most similar class/classification of laborer or mechanic as set forth in 11.1.2.17 NMAC has been filed with the division in accordance with 11.1.2.12 NMAC, then the CBA is the general prevailing wage rate. If the data submitted pursuant to Subsection A of 11.1.2.12 NMAC for employees not covered by a CBA 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 CBA plus the number of hours worked by employees not covered by a CBA, as reported to the division. If no CBA covering the same or most similar class or classification of laborer or mechanic as set forth in 11.1.2.17 NMAC has been filed with the division in accordance with 11.1.2.12 NMAC, then the Director must establish the prevailing wage rate based upon information through voluntary submissions and pursuant to a survey. 11.1.2.12 NMAC.
THRESHOLD
The NMAC applies to every contract/project in excess of sixty thousand dollars that the state or any political subdivision thereof is a party to for construction, alteration, demolition or repair.
TIMING OF WAGE DETERMINATIONS
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.
INCREASES
Depending on the type of method used by the Director. For example, if CBAs are used, then if there is an increase in the CBA, then there is an increase in prevailing wage rates.
OVERTIME
According to NMAC, 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.
ORKING ON THE WEEKENDS
New Mexico prevailing wage law does not establish different rates for working on the weekends. Same overtime rules apply for working on the weekends. Please See above for overtime rules.
WORKING ON LEGAL HOLIDAYS
New Mexico prevailing wage law does not require payment of different rates for working on legal holidays. Same overtime rules apply for working on legal holidays. Please See above for overtime rules.
SHIFT DIFFERENTIALS
New Mexico prevailing wage law does not address payment of different rates for working different shifts throughout the day of the same trade.
FRINGE BENEFITS
New Mexico prevailing wage law mandates payment of fringe benefits. Fringe benefits are defined as “payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a CBA, for” the following:
- holidays;
- time off for sickness, injury, personal reasons or vacation;
- bonuses;
- authorized expenses incurred during the course of employment;
- health, life and accident or disability insurance;
- profit-sharing plans;
- contributions made on behalf of an employee to a retirement or other pension plan;
- or zone, incentive, and subsistence pay and any other compensation paid to an employee other than wages
TRAINING CONTRIBUTION
Training contribution is required in the New Mexico's prevailing wage regulations for Type B, C, and H construction.
2015 Wage determination (Type B)
2015 wage determination (Type C)
2015 wage determination (Type H)
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.
APPRENTICE REQUIREMENTS
The following requirements must be met to acquire an apprentice classification:
- All apprentices shall be properly indentured.
- Apprentices used on public works projects shall be in training and in compliance under registered apprenticeship standards and written apprenticeship agreements, and their employment shall be in accordance with the provisions of such apprenticeship standards and apprenticeship agreements.
- Every apprentice shall be employed only at the work of the trade to which he is indentured.
- Certification showing registration status of apprentices must accompany the first full payroll on which each apprentice first appears. Certification on any registered apprentice must be made by the contractor, and verification may be obtained from the office of the New Mexico apprenticeship council.
Please See “Helpful Links” for apprentice forms.
For apprenticeship inquiries:
Phone: (505) 841-8565
Fax: (505) 841-8491
TRAVEL & SUBSISTENCE
Travel and subsistence is paid based on the trade classification and location. “Type B” is the only set of contractors that receive travel and subsistence. Please See wage determinations under “Helpful Links” for details
CONTRACTOR LICENSING
The New Mexico Regulation and Licensing Department issues contractor licenses.
Anyone engaged in construction-related contracting in New Mexico must be licensed. This includes general construction work, electrical, mechanical and plumbing and LP gas. The activities that are considered to be contracting in New Mexico are defined in the Construction Industries Licensing Act, NMSA 1978, Section 60-13-3.
Licensing and examination services are provided by Psychological Services Inc. (PSI). Applicants must pass with a minimum score of 70 percent. For exam services or licensing, click here to go to PSI's website or call (800) 733-9267
Unlicensed Violations
Contracting without a license in New Mexico is against the law. If a contractor is working without a license, the Division may stop the construction project and file a criminal charge of unlicensed contracting in Metropolitan or Magistrate Court. Violators will be eligible for licensure 1 year from date of conviction. Click here to file a complaint against unlicensed violators.
New Mexico Regulation and Licensing Department webpage
Listing of registered contractors
PENALTIES & DEBARMENT
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.
HELPFUL LINKS
Public works minimum wage act manual
Flow chart of public works wage rate
Online contractor registration
Listing of registered contractors
Request for wage determination
Search for public works contracts
Prevailing wage rates—Street, highway, utility, or light engineering construction
Prevailing wage rates—General building
Prevailing wage rates—Residential construction
Prevailing wage rates—Heavy engineering construction
Payroll Statement of Compliance
Weekly payroll form
Public works apprenticeship and training contribution compliance statement
Apprenticeship & training contribution compliance statement for approved programs
CONTACT INFORMATION
New Mexico Department of Workforce Solutions
Public Works and Apprenticeship Contribution Information
Phone: (505) 841-4400
Fax: (505) 841-4424
Email: [email protected]
District Office Locations:
Albuquerque, NM
121 Tijeras NE, Suite 3000,
Albuquerque, NM 87102
Phone: (505) 841-4400
Fax: (505) 841-4424
Las Cruces, NM
226 South Alameda Blvd,
Las Cruces, NM 88005
Phone: (575) 524-6195
Fax: (575) 524-6194
Santa Fe, NM
1596 Pacheco Street, Suite 103
Santa Fe, NM 87505
Phone: (505) 827-6817
Fax: (505) 827-9676
