PREVAILING WAGE

New Mexico prevailing wage law

Whether New Mexico requires prevailing wages on public construction, from what contract size, who sets the rates, and what contractors file. Each fact links its official source and the date it was checked.

Facts from the official sources listed at the end of this page; the oldest was read from an archived copy dated May 17, 2026. For contractors and employers. General information, not legal advice: confirm the rules with the awarding body or the agency before you bid. Reviewed every year.

Prevailing wage in New Mexico at a glance

State prevailing wage law: In forceNMSA 1978 § 13-4-11 et seq.
Contract threshold: Over $60,000
Certified payroll: Monthly
Federal work: Davis-Bacon, over $2,000

New Mexico prevailing wage rules

The law: New Mexico's Public Works Minimum Wage Act requires prevailing wages on public works contracts over $60,000 with the state or a political subdivision.Source: New Mexico Administrative Code 11.1.2, Public Works Minimum Wage Act rules (opens in a new tab), checked October 6, 2026
Who it covers: Every contract or project in excess of $60,000 that the state or any political subdivision is party to for construction, alteration, demolition or repair, including painting and decorating, of public buildings, public works or public roads (11.1.2.8 NMAC).Source: New Mexico Administrative Code 11.1.2, Public Works Minimum Wage Act rules (opens in a new tab), checked October 6, 2026
Threshold: Applies to every contract or project in excess of $60,000 (11.1.2.7 and 11.1.2.8 NMAC).Source: New Mexico Administrative Code 11.1.2, Public Works Minimum Wage Act rules (opens in a new tab), checked October 6, 2026
Agency: New Mexico Department of Workforce Solutions, Public Works (opens in a new tab)Source: New Mexico Department of Workforce Solutions, Public Works (opens in a new tab), read from an archived copy dated May 17, 2026 (opens in a new tab)
Rates: Rate determinations (opens in a new tab)DWS's yearly prevailing wage and fringe benefit rates by construction type; project wage decisions are requested through the Public Works and Apprenticeship Application (PWAA).Source: New Mexico Department of Workforce Solutions, Public Works (opens in a new tab), read from an archived copy dated May 17, 2026 (opens in a new tab)
Certified payroll: Contractors and every tier of subcontractor keep certified payroll records updated weekly and submit them, with a signed statement of fringe benefit payments, to the contracting agency monthly; the prime contractor submits its subcontractors' payrolls (11.1.2.9 NMAC).Filed with: the contracting agency (and the DWS director on request, within 10 business days).Source: New Mexico Administrative Code 11.1.2, Public Works Minimum Wage Act rules (opens in a new tab), checked October 6, 2026
Registration: Public Works and Apprenticeship Application (PWAA) (opens in a new tab)Contractors and subcontractors must hold a valid Labor Enforcement Fund (LEF) registration with DWS when bids are due and for the whole project (NMSA 13-4-13.1; 11.1.2.9 NMAC). Registration and renewals are done in the PWAA.Source: New Mexico Administrative Code 11.1.2, Public Works Minimum Wage Act rules (opens in a new tab), checked October 6, 2026

Federally funded work in New Mexico

On a project whose federal funding carries Davis-Bacon, the federal rules apply whatever the state law says. Whether New Mexico's own law applies as well is in its coverage above: some state laws leave federally funded projects out.

Davis-Bacon: Federal Davis-Bacon labor standards apply to contracts over $2,000 for the construction, alteration or repair of public buildings or public works, or of work financed with federal funds under a law that requires Davis-Bacon, one of the Related Acts (29 CFR 5.5(a)).Source: 29 CFR 5.5, Contract provisions and related matters (opens in a new tab), checked October 6, 2026
Certified payroll: On Davis-Bacon work, each contractor and subcontractor submits certified payrolls weekly, for each week of covered work; the prime contractor is responsible for its subcontractors' payrolls (29 CFR 5.5(a)(3)(ii)(A)).Source: 29 CFR 5.5, Contract provisions and related matters (opens in a new tab), checked October 6, 2026

More for New Mexico contractors

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Prevailing wage and certified payroll in Worklio HCM

Set up prevailing wage rates by project, location and classification: your team assigns each worker's classification and apprentice step, and payroll applies the rates. Fringe benefits are calculated as cash or plan contributions, union dues and benefit packages are deducted with remittance reports by local, apprentices are paid at progressive rates by level, and WH-347 certified payroll reports carry job costing segments. Workers' comp class codes are set per job and employee. Union, prevailing wage, and certified payroll is available as an add-on to any plan.

See the union, prevailing wage, and certified payroll add-on

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Sources

The statute, agency page or federal rule behind each fact, as checked.

General information, not legal or tax advice. Rules change; confirm current requirements with the relevant agency or your advisor. You remain responsible for paying the required rates and filing on time.

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