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Prevailing Wage Laws by State
Last updated November 2026. Twenty-nine states and Washington, DC have their own prevailing wage laws that set minimum wages and fringe benefits on state and locally funded public construction. The other 21 states have no state law, but the federal Davis-Bacon Act still applies to federally funded construction projects over $2,000 in every state.
United States
Click a state to zoom in, then use the arrows to browse all 50 states and DC. Click the state again to return to the full map. States appearing dark blue on the map have their own prevailing wage laws that apply to state and local projects. The other states defer to the U.S. federal Davis-Bacon Act which sets prevailing wage standards for federally funded construction projects.
Zoomed in, open the info panel for state details.
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State
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State-specific prevailing wage laws
State defers to federal Davis-Bacon Act
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
New Mexico Prevailing Wage Law
State law
State law: public works over $60,000
State law (Public Works Minimum Wage Act). Covers state and political subdivision contracts over $60,000 for construction, alteration, demolition or repair of public buildings, works and roads. All subcontractor tiers must pay prevailing wage regardless of their own contract size. Since June 20, 2025 (HB 6) it also covers projects financed by municipal or county industrial revenue bonds.
Details
| Statute | NMSA 1978 § 13-4-11 et seq. (Public Works Minimum Wage Act); 11.1.2 NMAC (effective Dec 30, 2016). Public Works Apprentice and Training Act (NMSA 1978 § 13-4D-1 et seq.; 11.1.3 NMAC) for training contributions.Source: 11.1.2 NMAC; 11.1.3 NMAC (Public Works Apprentice and Training); HB 270 (2026) final version. Last checked October 22, 2026. |
|---|---|
| Dollar thresholds | Over $60,000. Contractors bidding $60,000+ and subs bidding over $60,000 must be registered before bidding.Source: 11.1.2 NMAC; Project requirements sheet. Last checked October 22, 2026. |
| Administering agency | NM Department of Workforce Solutions, Labor Relations Division. public.works@state.nm.us; (505) 841-4400. Agency websiteSource: Project requirements sheet. Last checked October 22, 2026. |
| Where to get wage rates | Project wage decisions requested through PWAA at least three weeks before advertising and issued within five working days. Rates follow collective bargaining agreements. One decision per project for its duration.Source: 11.1.2 NMAC. Last checked October 22, 2026. |
| Wages vs. fringes | Separate wage and fringe rates; contractors pay at least both. Fringes include CBA-set health, retirement, holidays, vacation and subsistence.Source: 11.1.2 NMAC. Last checked October 22, 2026. |
| Pay frequency | Not set by the Act. General rule: regular paydays no more than 16 days apart (semimonthly); FLSA-exempt executive, administrative, professional and outside sales employees may be paid monthly (NMSA 1978 § 50-4-2).Source: NMSA § 50-4-2 (Justia); DOL state payday requirements. Last checked October 22, 2026. |
| Overtime and double time | Not set by the Act; payrolls must show overtime hours and the overtime rate (11.1.2.9 NMAC). New Mexico Minimum Wage Act: 1.5x the regular rate for hours over 40 in a week (NMSA 1978 § 50-4-22(D)).Source: NMSA § 50-4-22 (Justia); 11.1.2.9 NMAC (Justia); DOL state minimum wage and overtime table. Last checked October 22, 2026. |
| Certified payroll forms | Contractors keep certified payrolls updated weekly, numbered in sequence, with the wage decision number, and send copies to the contracting agency monthly; subcontractor payrolls go to DWS within 10 business days of a request. General contractor files Affidavits of Wages Paid at completion and Statements of Intent within 3 days of award. Award notices and subcontractor lists are filed electronically.Source: 11.1.2.9 NMAC (Justia); 11.1.2 NMAC; Project requirements sheet. Last checked October 22, 2026. |
| Electronic filing portal | PWAA (Public Works and Apprenticeship) system: contractor registration ($400 every two years, NMSA § 13-4-13.1), wage decisions, notices of award, subcontractor lists, wage posters. The rule sends payroll copies to the contracting agency monthly and names no PWAA payroll upload.Source: PWAA login; Project requirements sheet; NMSA § 13-4-13.1 (FindLaw); 11.1.2.9 NMAC (Justia). Last checked October 22, 2026. |
| EEO and workforce reports | No state EEO report under the Act or 11.1.2 NMAC. Federal EO 11246 changes apply to federal jobs.Source: 11.1.2.9 NMAC (Justia); Federal Register 2026-17114. Last checked October 22, 2026. |
| Apprentice ratio rules | DWS sets apprentice wage rates. Contractors and subs contribute to an approved apprenticeship program or the Public Works Apprentice and Training Fund at a rate the DWS director sets each calendar year (11.1.3 NMAC); program contributors report monthly by the 15th. Since July 1, 2026 (HB 270) contributions also apply on street, highway, utility and light engineering projects, at zero for trades with no approved program. No apprentice ratio in the Act or rules. Example: DWS's 2026 Type C (residential) poster lists $0.60 per hour; check each wage decision for other project types.Source: 11.1.3 NMAC (Public Works Apprentice and Training); 11.1.2.9 NMAC (Justia); HB 270 (2026) final version; LegiScan NM HB270 (2026) status; NM DWS 2026 Type C prevailing wage poster. Last checked October 22, 2026. |
| Recent changes | HB 270 (2026, Laws 2026 ch. 30), signed March 4, 2026, effective July 1, 2026: apprentice and training contributions now required on street, highway, utility and light engineering projects (§ 13-4D-4), with a zero rate for trades lacking an approved program. HB 6 (2025, Laws 2025 ch. 132), signed April 9, 2025, effective June 20, 2025: extends the Act to municipal and county industrial revenue bond projects (§ 13-4-11(J)).Source: HB 270 (2026) final version; LegiScan NM HB270 (2026) status; HB 6 (2025) final version; BillTrack50 NM HB6 (2025) status; NM Legislature 2025 session highlights. Last checked October 22, 2026. |
The information on eBacon's interactive prevailing wage map is provided for general informational purposes only. The accuracy or availability of the information is subject to periodic updates. Overtime (OT) and double time (DT) requirements may be subject to other rules which vary by state, or subject to contract funding. Information published here must be verified by relevant government agencies.
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- Which states have prevailing wage laws?
- Which states don’t have a prevailing wage law?
Which states have prevailing wage laws?
Alaska, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Virginia, Washington, Wyoming, and Washington, DC. Thresholds, covered projects, and reporting rules vary by state, so open any state on the map for its details.
Which states don’t have a prevailing wage law?
Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, New Hampshire, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Utah, West Virginia, and Wisconsin. No state law doesn’t mean no paperwork, though: federal Davis-Bacon rules still apply to federally funded jobs in all of them.
eBacon assigns the right state or federal wage determination to each job, calculates wages and fringe by trade classification, and generates the WH-347 or the state’s certified payroll form in one click. See how eBacon handles prevailing wage payroll →
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