New Mexico

The employers and employees working on state and locally funded construction projects must abide by the New Mexico Public Works Minimum Wage Act when the construction project totals more than $60,000. The base rate of pay, fringe benefit rate, and apprenticeship training contributions are included in the wage rates needed to be paid. The wage decision is requested per project by submitting a request that details the scope of work to determine the type of rates used.

Per New Mexico Code § 11.1.2.17, “Contractor and subcontractor shall: (1) Pay employees, including apprentices, the prevailing wage and fringe benefits determined to be due pursuant to the prevailing wage rate determination for the project.” Penalties from New Mexico Code § 11.1.2.16 states that the fine for willfully underpaying employee will be $100 per employee for each calendar day. Payroll submissions to the contracting agency and to the director will be on a monthly basis and will be sent along with a signed statement. The Public Works and Apprenticeship Application (PWAA) is the tool used to enter wage decision requests, register apprentices, issue apprentice certifications, pay apprentice contributions, complete public works paperwork, and contractor registration/renewals.