NEW MEXICO PREVAILING WAGE
FREQUENTLY ASKED QUESTIONS ON STATE PREVAILING WAGE
Whether you are just starting out as a prevailing wage contractor or just looking to keep yourself updated, we have compiled these resources about state prevailing wage. Here are the most common questions of prevailing wage contractors and workers to help expand your knowledge!
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How are New Mexico prevailing wage rates determined?
However, if the data submitted for employees who are not covered by a CBA makes up at least thirty percent of the hours worked for the trade classification, the weighted average of the total man hours is established as the prevailing wage rate by the Director.
Note that the total man hours refer to the number of hours worked by employees under a CBA plus the hours worked by those not under a CBA. If there is no relevant CBA, the Director establishes the prevailing wage determination based on a survey and voluntarily-submitted information.
Does the New Mexico Prevailing Wage Law apply to all public works projects in the state?
What is the timing of wage determinations?
The wage decision is set for a specific public works construction project. As the bid documents are being put together, a request for a wage decision is made. This request must describe the scope of the work.
There are four different sets of rates depending on the type of work.
- Set A for projects involving street, utility and light engineering, highway
- Set B for general building projects
- Set C for projects classified as residential
- Set H for heavy engineering work
Two types of wage rates can be issued if 80% of the project in question does not belong in one type of construction.
In terms of timing, the wage decision expires 120 days after the issue date. However, if bid opening takes place before the expiration, the wage rates are applied for the entire duration of the project.
Are there any increases to the general wage determinations?
What are the regulations on wage rates for work on overtime hours, weekends, legal holidays and different shifts?
On the other hand, the prevailing wage law does not specify differing rates for work on the weekends and legal holidays, though the overtime rules still apply. There are also no different rates for working different shifts of the same trade.
Are there any regulations on training and apprenticeship wage rates?
The wage rate would include the base pay and the fringe benefit, plus mandatory contributions to apprenticeship in some instances.
Under the Public Works Apprentice and Training Act, the contribution requirements will be determined by the Director. This information should be part of all applicable projects.
To be classified as an apprentice, the apprentice should be properly indentured, they should be in training and compliant to standards and written apprenticeship agreements.
Further, they should be employed at the work of the trade they are indentured, and there must be a certification proving the registration status accompanying the first full payroll including the apprentice. This certification should be made by the contractor, with verification obtained from the office of the Apprenticeship Council. For any inquiries regarding apprenticeship, you can call (505) 841 8565.
What are the regulations on fringe benefits in the state of New Mexico?
Are travel and subsistence pay covered under New Mexico Prevailing Wage Law?
Should contractors be licensed in the state of New Mexico?
Applicants seeking a license should pass the licensing and examination services facilitated by the Psychological Services Inc. with a score of at least 70%.
What are the penalties for non-compliance?
The requested certified documents should be provided within 10 days of the request. Failure to comply or proof of violation that has not been rectified will result to the withholding of the payment to the contractor in proportion to the amount owed by the non-compliant party, until compliance has been secured.
Further failure to comply can mean debarment for the contractor or subcontractor. Legal action through a request to the attorney general can also be enacted to ensure compliance.
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