New Mexico Administrative Code

A. Requirements of apprentices: (1) All apprentices shall be properly indentured. (2) Apprentices used on public works projects shall be in training and in compliance under registered apprenticeship standards and written apprenticeship agreements, and their employment shall be in…

All contractors, subcontractors, employers or any person acting as a contractor who employs laborers or mechanics to perform work on a public building, public works or public road projects.

Pursuant to 11.1.2.13 NMAC, the director of the labor relations division of the department of workforce solutions hereby publishes the 2025 prevailing wage and fringe benefit rates and apprenticeship contributions that will apply to all wage rate decisions issued from January 1, …

All contractors are required to pay subsistence, zone, and incentive pay according to the particular trade. A. Asbestos workers or heat and frost insulators(1) Zone 1 shall consist of the area lying within the city limits of a circle whose radius is 66 miles from the city hall in…

Section 13-4-11 through 13-4-15 and Section 13-4D-4 NMSA 1978.

Permanent.

December 30, 2016, unless a later date is indicated at the end of section.

The purpose of this rule is to define regulations necessary for the application of prevailing wage rates for laborers and mechanics employed on public works projects in the state including procedures for the predetermination of wages, the adoption of job classification descriptio…

A. "Alteration" means any change made to any part of or any system within an existing public building, public work, or public road other than a "repair" as hereinafter defined. B. "Base wage rate" means the straight time hours and hourly rate paid each laborer or mechanic. C. "Co…

A. Every contract or project in excess of $60,000 that the state or any political subdivision thereof is a party to for construction, alteration, demolition or repair or any combination of these, including painting and decorating, of public buildings, public works or public roads…

A. The director shall:(1) coordinate the administration of the Public Works Minimum Wage Act; (2) annually determine the prevailing wage and fringe benefit rates and the rate for the employer contributions to the public works apprentice and training funds, and publish said rates;…

New Mexico Department of Workforce Solutions, Labor Relations Division, Labor and Industrial Bureau, Public Works Unit.

All contractors, subcontractors, employers or any person acting as a contractor employing laborers or mechanics on public works projects.

Section 13-4D-1 to 13-4D-8 NMSA 1978.

Permanent.

04/30/ 2014, unless a later date is written at the end of section.

The purpose of the Public Works Apprentice and Training Act is to ensure funding, through contributions made by employers, to establish an apprenticeship program that will develop skilled building trades' craftsmen in occupations recognized by the United States department of labo…

A. "Approved program" means building trades apprenticeship and training programs in New Mexico that are recognized by the United States department of labor, office of apprenticeship or the New Mexico state apprenticeship agency. B. "Qualified apprentices" mean participants in app…

The director of the labor relations division, New Mexico department of workforce solutions, shall disburse the public works apprentice and training fund in accordance with NMSA 1978, Section 13-4D-5. A. The director shall develop an annual budget taking into account the crafts th…

Statement of compliance on certified payrolls shall contain a statement identifying the program approved by the United States department of labor, office of apprenticeship or the New Mexico state apprenticeship agency or paid to the public works apprentice and training fund. A. A…

Labor Relations Division, (LRD) New Mexico Department of Workforce Solutions (NMDWS).

A. Any person who employs a person under the age of 18 as an actor or performer in the entertainment industry must obtain a pre-authorization certificate issued by the department of workforce solutions prior to the start of work. The pre-authorization certificate will include: th…

The claim form is to be completed by answering the questions in the form as completely as possible, and is to be signed and dated by the employee making the wage claim. The form does not need to be notarized. A wage claim may be filed for any amount that is in dispute for any cla…

The authority of the LRD is limited to the enforcement of the laws of the State of New Mexico. The LRD does not have authority to enforce the laws of any other state. The LRD may refuse to accept a wage claim if the wage claim form involves work performed entirely outside the Sta…

A wage claimant must file a wage claim with the LRD against an employer within three years of that employer's last violation of the wage and hour laws as to the wage claimant. As long as any portion of the wage claim falls within the three-year time limit, the LRD will investigat…

The LRD may close any wage claim file after the initial screening with no further investigation if the LRD determines that it does not have jurisdiction, it is impossible to identify claimant's alleged employer, or if no portion of the claim falls within a three-year time period.…

Within 10 business days of the initial screening, the LRD shall mail the employer an initial correspondence, which shall include details from the claim form that are relevant to the wage claim, any supporting documentation received from the wage claimant, and a blank response for…

Within 10 business days of the receipt of the initial correspondence regarding the wage claim, the employer shall respond in writing to the wage claim and shall provide all information and documentation it has that is relevant to the wage claim, including true and accurate wage a…

If the employer disputes the alleged violation and submits relevant documentary evidence, the LRD shall give the claimant an opportunity to respond in writing, by sending the claimant the employer's response and evidence. The wage claimant may respond within 10 business days of r…

Upon completing the investigatory steps set forth herein, the LRD may schedule a settlement meeting between the parties. During the settlement meeting, the LRD shall inform the parties of the preliminary conclusions the LRD has reached upon initial investigation of the claim, inc…

If parties do not agree to a settlement, and the LRD deems necessary, the LRD may schedule a hearing. If a hearing is held, the following procedures shall apply: At the commencement of the hearing, the LRD shall once again inform the parties of the preliminary conclusions the LRD…

The LRD shall issue a written determination whenever a wage claim or investigation is not resolved through settlement. The LRD has discretion to render a written decision without conducting a hearing. The decision of the LRD shall be in writing and shall set forth the material fa…

A. A certified teacher of New Mexico resident children, who attend public schools, must possess a valid and current teaching certificate issued by the New Mexico public education department. Certified teachers of non-resident students must possess a valid and current teaching cer…

the LRD's administrative determinations are not judgments, and the LRD does not have the power to issue judgments. The LRD may only enforce a judgment against the employer after a legally-enforceable judgment has been docketed in the appropriate court. The LRD has no administrati…

When the LRD has information about an alleged violation that affects multiple employees, which the director, in his sole discretion, believes involves a systemic violation of the wage and hour laws of the state of New Mexico by an employer, the director may direct the LRD to unde…

To enforce the Minimum Wage Act, Sections 50-4-19 through 50-4-30 NMSA1978, the director may institute an action in the name of the state in the district court of the county wherein the employer who has failed to comply with the act resides or has a principal office or place of b…

To enforce any provision of Chapter 50, Article 4, if the amount of the wage claim does not exceed the jurisdictional limit for the metropolitan or magistrate court, the LRD may file an action against the employer on behalf of the wage claimant in the appropriate court. The LRD s…

The LRD may issue a subpoena compelling any witness, including but not limited to the employer and the wage claimant, to appear for the taking of a deposition and for the production of any documents relevant to the claim at the time of the deposition, or to appear for any hearing…

It is the employer's burden to maintain true and accurate time and pay records for all employees. Therefore, upon a finding by the LRD of an employment relationship, if the employer has not maintained and produced to the LRD the wage and hour records required by law, or if the LR…

If there is danger of retaliation by the employer against the individual or other good cause to believe that the person providing the information about the misconduct may suffer harm for providing the information, the identity of the source of the information of misconduct by the…

In the event any of the rules and regulations set forth herein conflict with any applicable state law, the state law shall control.

In making a decision, the LRD may rely upon definitions used within and decisions relating to the FLSA, 29 U.S.C. 201 et seq.

The LRD may close a wage claimant's wage claim file and take no further action if the wage claimant files a separate civil action against the employer in a court of competent jurisdiction asserting the same legal claims that are the subject of a LRD investigation.

A. All child performers' ages six to 18 years must be provided with a teacher for each group of 10 or fewer child performers when school is in session. B. No child performers shall begin work before 5:00 a.m. or continue work after 10:00 p.m., on evenings preceding school days. C…

Prior to a final decision by the LRD, and upon a showing of good cause for doing so, the LRD may reopen the investigation of any wage claim at the written request of a wage claimant. Upon reopening, the LRD may pursue any investigatory steps available to it pursuant to law and th…

The LRD may adopt standard operating procedures to provide additional instructions for its employees in the performance of their duties and responsibilities, which shall be made available on the LRD website upon adoption. The LRD shall also adopt a manual containing information f…

The LRD shall translate into Spanish all standardized portions of written materials provided to the parties or made available to the public, including the claim form, form letters, standardized portions of administrative decisions, notices, brochures, and informational materials.…

The wage claim form shall be made available in all offices in which department of workforce solutions services are administered, and claimants shall be permitted to use landline telephones or computers in such offices to communicate with the LRD for any purpose relevant to filing…

A. Each time a child performer is employed in the state of New Mexico with a contract equal or greater than $1000, a trust account will be created for the child performer. B. It is the responsibility of the parent or legal guardian, or trustee to set up a trust account for the ch…

A. No dressing room is to be occupied simultaneously by a minor and an adult performer or by minors of the opposite sex. B. It is the responsibility of the employer to provide a safe, secure shelter for child performers under the age of 18 to rest when required to be at the place…