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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.

New Mexico Prevailing Wage & Certified Payroll Rules — CertifyWage