New Mexico Statutes
Article 4 - Public Works Contracts
Section 13-4-10.1 - Definitions.

As used in the Public Works Minimum Wage Act [13-4-10 to 13-4-17 NMSA 1978]:
A. "director" means the director of the division;
B. "division" means the labor relations division of the workforce solutions department;
C. "fringe benefit" means payments made by a contractor, subcontractor, employer or person acting as a contractor, if the payment has been authorized through a negotiated process or by a collective bargaining agreement, for:
(1) holidays;
(2) time off for sickness or injury;
(3) time off for personal reasons or vacation;
(4) bonuses;
(5) authorized expenses incurred during the course of employment;
(6) health, life and accident or disability insurance;
(7) profit-sharing plans;
(8) contributions made on behalf of an employee to a retirement or other pension plan; and
(9) any other compensation paid to an employee other than wages;
D. "labor organization" means an organization of any kind, or an agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work; and
E. "wage" means the basic hourly rate of pay.
History: 1978 Comp., § 13-4-10.1, as enacted by Laws 2009, ch. 206, § 2.
Effective dates. — Laws 2009, ch. 206, § 12 made this section effective July 1, 2009.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 13 - Public Purchases and Property

Article 4 - Public Works Contracts

Section 13-4-1 - Public works contracts.

Section 13-4-1.1 - Definitions; construction contract; contractor.

Section 13-4-2 - Application of preference.

Section 13-4-3 - Federal aid projects exempt.

Section 13-4-4 - [Contracts in violation declared void.]

Section 13-4-5 - Use of New Mexico materials.

Section 13-4-6 - [Discrimination against New Mexico softwood timber in building codes prohibited.]

Section 13-4-7 - [Use of New Mexico timber in public buildings required.]

Section 13-4-8 - Federal aid projects.

Section 13-4-9 - [Penalty.]

Section 13-4-10 - Short title.

Section 13-4-10.1 - Definitions.

Section 13-4-11 - Prevailing wage and benefit rates determined; minimum wages and fringe benefits on public works; weekly payment; withholding funds.

Section 13-4-12 - Repealed.

Section 13-4-13 - Failure to pay minimum wage; termination of contract.

Section 13-4-13.1 - Public works contracts; registration of contractors and subcontractors.

Section 13-4-14 - Payment of wages from funds withheld; list of contractors violating act; additional right of wage earners.

Section 13-4-14.1 - Labor enforcement fund; creation; use.

Section 13-4-14.2 - Registration cancellation, revocation, suspension; injunctive relief.

Section 13-4-15 - Appeals.

Section 13-4-16 - Construction of act.

Section 13-4-17 - Outstanding contracts and invitations.

Section 13-4-18 - Construction contract performance and payment bonds.

Section 13-4-19 - Rights of person furnishing labor or materials and right of state with respect to taxes due.

Section 13-4-20 - Additional bond in case of insolvency of sureties.

Section 13-4-21 - [Public contracts with nonresident persons or partnerships or unadmitted foreign corporations; agent for service of process.]

Section 13-4-22 - [Secretary of state as agent for service.]

Section 13-4-23 - [Service where there is no designated agent.]

Section 13-4-24 - [Continuances.]

Section 13-4-26 - Repealed.

Section 13-4-27 to 13-4-30 - Repealed.

Section 13-4-31 - Short title.

Section 13-4-32 - Legislative findings.

Section 13-4-33 - Definitions.

Section 13-4-34 - Listing of subcontractors; requirements.

Section 13-4-35 - Exemption.

Section 13-4-35.1 - Application of act.

Section 13-4-36 - Substitution of subcontractor.

Section 13-4-37 - Bond requirements.

Section 13-4-38 - Failure to specify subcontractor.

Section 13-4-39 - Inadvertent clerical error.

Section 13-4-40 - Emergency subcontracting.

Section 13-4-41 - Penalties.

Section 13-4-42 - Coverage of home rule municipalities.

Section 13-4-43 - Dispute resolution.