All states / New Mexico
New Mexico prevailing wage and certified payroll
New Mexico has its own prevailing-wage law (Public Works Minimum Wage Act, NMSA 1978 §§13-4-10–13-4-17; NMAC 11.1.2) on top of federal Davis-Bacon.
State law
Public Works Minimum Wage Act, NMSA 1978 §§13-4-10–13-4-17; NMAC 11.1.2
Applies to contracts
More than $60,000
Certified payroll
Certified weekly payrolls kept current and submitted monthly to the contracting agency, to DWS within 10 business days on request (NMAC 11.1.2.9); prime submits all subs' payrolls. Labor Enforcement Fund (LEF) registration with DWS required at bid and through the project.
In CertifyWage
WH-347 and Statement of Compliance, which this state accepts; state rules applied to overtime and rates.
Notes
DWS Labor Relations also runs an online public-works (PWAA) system; confirm current filing method with the contracting agency.
Verification
Summary not yet confirmed against the agency for the current year; confirm with the contracting agency.
Federal rules that apply in New Mexico too
Davis-Bacon
Federal and federally assisted construction contracts over $2,000 carry a wage determination from SAM.gov. Every laborer and mechanic is paid at least the listed base rate plus fringe for the classification of work actually performed.
Weekly certified payroll
The contractor and every subcontractor submit a certified payroll each week work is performed, with a signed Statement of Compliance. The U.S. Department of Labor’s optional form is the WH-347 (Rev. January 2025).
Overtime
On covered contracts over $100,000, the Contract Work Hours and Safety Standards Act requires time and a half of the basic rate for hours over 40 in a workweek. Fringe benefits are not multiplied.
Records
Payroll records are kept for at least three years after the work is completed and made available to the contracting agency and the Department of Labor on request.
The contracting agency’s instructions control when they differ from this summary. Get started or see every state.