---
title: New Mexico Certified Payroll: Over $60,000 | WellStanding
url: https://wellstanding.com/guides/new-mexico-certified-payroll/
description: How New Mexico certified payroll works on public works over $60,000: registration, monthly payrolls, the 10 business day DWS request, and the final affidavit.
updated: 2026-11-05
type: guide
publisher: WellStanding Certified Payroll
---
# New Mexico certified payroll on public works over $60,000

This page covers who submits what, to whom, and when under New Mexico's Public Works Minimum Wage Act. The sources are [section 13-4-11 as enacted in HB 6 (2025)](https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0006.pdf), the Department of Workforce Solutions (DWS) rule [11.1.2 NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html) (cited sections last amended between 2020 and 2023), and its apprentice rule [11.1.3 NMAC](https://www.srca.nm.gov/parts/title11/11.001.0003.html) (2014).

Last reviewed November 5, 2026 against the sources it cites

The short answer

Yes, on state and local public works contracts over $60,000. Register with DWS before bidding, keep a numbered certified payroll every week, and send it to the contracting agency monthly and to the DWS director within 10 business days of a request for an investigation or audit. Apprentice contribution records go monthly, and a notarized affidavit of wages is due before final payment.

- [Section 13-4-11(A), as enacted in HB 6](https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0006.pdf), covers every state or local contract or project over $60,000 for construction, alteration, demolition or repair or any combination of these, including painting and decorating, of public buildings, public works or public roads that uses mechanics or laborers.
- Under [11.1.2.9(C)(3) NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html), each contractor sends certified payrolls and a signed fringe benefit statement to the contracting agency monthly and to the DWS director within 10 business days of a request by the director for an investigation or audit, and the prime is responsible for submitting its subcontractors' copies.
- The rule ([11.1.2.9(B)(6) NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html)) and the [DWS requirements sheet](https://www.santafecountynm.gov/documents/solicitations/WorkForce_Solutions_Wage_Rates.pdf) say 3 days from award for the statement of intent, while one [2020 Santa Fe bid](https://santafenm.gov/media/rfps_docs/ITB_21_12_B_Southside_Transit_Center.pdf) contradicts itself, with 3 days on its form and 10 days after the NMDWS notice of award in its forms list.
- Under [11.1.3.9 NMAC](https://www.srca.nm.gov/parts/title11/11.001.0003.html), a contractor paying into an approved apprenticeship program sends the monthly contribution record and a copy of the check to the DWS Public Works Unit by the 15th of the following month.
- If the director receives no records within 10 business days of a written request or subpoena, [11.1.2.15(C) NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html) lets the director suspend the contractor's LEF registration and order funds withheld from the prime.
- Each contractor and subcontractor must submit a notarized affidavit of wages, fringe benefits and subsistence and zone payments to the contracting agency before final payment ([11.1.2.9(C)(5) and (B)(15) NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html)).

## If DWS or an agency has already contacted you

On probable cause of a violation, [11.1.2.15(C) NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html) has the director request or subpoena payroll and financial records from the prime or the subcontractor. You owe copies within 10 business days of receiving the written request or subpoena. If the director receives none, the director may suspend your LEF registration and order funds withheld from the prime; to reinstate it, submit a new registration and fee once you comply. Once DWS notifies the agency that records were not provided or a violation was not rectified, the agency must withhold enough payment to pay the workers until compliance is secured ([11.1.2.16(A)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)).

## How New Mexico certified payroll works, in order

The Act covers [every contract or project over $60,000](https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0006.pdf) that the state or a political subdivision is a party to for construction, alteration, demolition or repair, including painting and decorating, of public buildings, public works or public roads that use mechanics or laborers (section 13-4-11(A)). DWS's [requirements sheet](https://www.santafecountynm.gov/documents/solicitations/WorkForce_Solutions_Wage_Rates.pdf), printed in a 2020 Santa Fe County solicitation, says every subcontractor and tier, whatever its contract size, must pay prevailing wages and be listed, excluding professional services.

1. **Register with DWS before you bid.** [Section 13-4-13.1 NMSA (2011 text)](https://www.nmlegis.gov/Sessions/11%20Regular/final/SB0617.pdf) requires a contractor, prime or not, to be registered with the DWS division to bid over $60,000 or be considered for part of a project over that amount. An agency may not accept a prime's bid without proof of registration, and vocational classes in public schools and post-secondary institutions are exempt. [11.1.2.9(C)(7)](https://www.srca.nm.gov/parts/title11/11.001.0002.html) calls this the "LEF registration" and requires it from the bid due date through the project; the statute sends the fees to the labor enforcement fund. DWS's sheet sends you to its Public Works and Apprenticeship Application (PWAA) to register.
2. **Submit the statement of intent within 3 days of the award.** [11.1.2.9(B)(6)](https://www.srca.nm.gov/parts/title11/11.001.0002.html) has the agency write into your contract that you submit a signed statement of intent to pay prevailing wages and fringe benefits to the director, on a DWS form. The prime also gives the agency [a subcontractor list and a statement for every tier](https://www.santafecountynm.gov/documents/solicitations/WorkForce_Solutions_Wage_Rates.pdf).
3. **Keep a numbered payroll every week, and submit it monthly and on request.** [11.1.2.9(B)(7), (8)](https://www.srca.nm.gov/parts/title11/11.001.0002.html) have the agency require every tier to keep certified weekly payrolls, numbered from one. Under [11.1.2.9(C)(3)](https://www.srca.nm.gov/parts/title11/11.001.0002.html), you submit them, with a signed statement showing disbursement of all fringe benefits, to the contracting agency monthly, and to the director within 10 business days of a request by the director for an investigation or audit. The prime is responsible for submitting its subcontractors' copies.
4. **Send the apprentice contribution record monthly** (details below), and attach the contractor's certification of each apprentice's registration status to the first full payroll on which the apprentice appears ([11.1.2.19(A)(4)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)).
5. **Submit the affidavit of wages paid to the agency before final payment.** That is your duty under [11.1.2.9(C)(5)](https://www.srca.nm.gov/parts/title11/11.001.0002.html). The [(B)(15) form](https://www.srca.nm.gov/parts/title11/11.001.0002.html) covers wages, fringe benefits and subsistence and zone payments, is sworn under penalty of perjury, and is notarized. Keep payrolls and fringe benefit records at least 3 years from final payment (11.1.2.9(C)(6)).

## Where the payroll goes, by job owner

| Job owner | Where the payroll goes |
| --- | --- |
| State agency or local body, over $60,000 | Contracting agency monthly; DWS director on request (11.1.2.9(C)(3)). |
| Municipal or county industrial revenue bond project | [HB 6](https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0006.pdf) subsection J requires the prevailing wage and compliance with section 13-4-11. It does not say who collects payrolls, so ask the issuer. |
| NMDOT federal-aid project | [LCPtracker](https://www.dot.nm.gov/highway-operations-program/operations-support-division-director/construction-civil-rights-bureau/labor-compliance-program-lcp/) (below) |

## What goes on the payroll, and which form

[11.1.2.9(B)(8)](https://www.srca.nm.gov/parts/title11/11.001.0002.html) has the agency require numbered payrolls showing classification, wage, fringe, subsistence and zone rates, daily and weekly hours by classification with actual overtime, itemized deductions, net wages and the state wage decision number. It also lists a statement of compliance, a fringe benefit statement when it applies, and an annualization of fringe benefit worksheet.

The rule says bid documents need not require a particular payroll form. The Santa Fe bid attached a Weekly Payroll form and a Payroll Statement of Compliance. DWS's website refused every request made for this page, so no DWS form numbers appear. For the federal form, see the [WH-347 guide](https://wellstanding.com/guides/wh-347/) and [which version to use](https://wellstanding.com/guides/which-wh-347-version-to-use/).

## Statement of intent: 3 days or 10?

| Source | Deadline | Sent to |
| --- | --- | --- |
| [11.1.2.9(B)(6)](https://www.srca.nm.gov/parts/title11/11.001.0002.html) | 3 days of the award | The director, on a DWS form |
| The DWS sheet, and the statement of intent form in the [2020 Santa Fe bid](https://santafenm.gov/media/rfps_docs/ITB_21_12_B_Southside_Transit_Center.pdf) | 3 days of award | The contracting agency |
| The same bid's forms list | 10 days after the NMDWS notice of award | Not stated |

A bid document is one contract only, so Santa Fe's 10 days binds that bidder, not every New Mexico contractor. Use the shortest deadline in your documents and ask the agency in writing where to send the form.

## Apprentice contributions and the monthly statement

Under [section 13-4D-4(B)](https://www.nmlegis.gov/Sessions/26%20Regular/final/HB0270.pdf), the employer must agree to contribute to an approved apprentice program it participates in, or to the DWS public works apprentice and training fund, at the wage decision's rate. [11.1.3.9 NMAC](https://www.srca.nm.gov/parts/title11/11.001.0003.html) (2014) requires a monthly record of contributions (project, wage decision number, week ending, employee name, hours and rate). If you pay into an approved program, send it to the DWS Public Works Unit by the 15th of the following month, with a copy of the check. If not, send a monthly check and the compliance statement to the DWS apprenticeship and training fund; the rule states no due day.

HB 270 ([signed March 4, 2026](https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=270&year=26)) took effect July 1, 2026. The [Legislative Finance Committee (LFC) analysis](https://www.nmlegis.gov/Sessions/26%20Regular/firs/HB0270.PDF) says the bill removes the exclusion that had exempted street, highway, bridge, road, utility and maintenance contracts from contributing. The 11.1.3 NMAC copy read predates HB 270.

## What happens when something goes wrong

| Problem | Consequence |
| --- | --- |
| Underpayment found by DWS | $100 per calendar day of willful nonpayment, owed to any affected employee, plus three times the unpaid wages or fringe benefits if the aggregate underpayment is over $500 ([11.1.2.16(E)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)) |
| Underpayment, no voluntary resolution | Within 30 days of DWS's determination, the agency ends your right to proceed, and you and your surety answer for excess completion costs ([11.1.2.16(B)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)) |
| Good cause, including a single substantive violation | Registration may be cancelled, suspended or revoked for three years unless promptly corrected; willful violators go on a list sent to all state departments ([11.1.2.16(C), (D)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)) |
| Apprentice contribution noncompliance | [Section 13-4D-4(A)](https://www.nmlegis.gov/Sessions/26%20Regular/final/HB0270.pdf) directs DWS to review compliance statements and payroll reports and to impose penalties for employer noncompliance, and sets no penalty amount. The LFC analysis says contractors would have unpaid contributions withheld and be excluded from bidding on future public works projects if noncompliant. Sections 13-4D-5 to 13-4D-8 were not read. |

Before final enforcement action, the director must give notice of contemplated action at least 15 days ahead, and you may respond in writing ([11.1.2.16(F)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)). Subsection J is an exception: with probable cause, the director may immediately certify to the contracting agency under section 13-4-14 NMSA and exercise the release of any assurance of payment. For the LEF suspension in 11.1.2.15(C), the rule states no notice period.

Appeal to the Labor and Industrial Commission: send a notice of appeal to the director within 15 days after the action and notice, then a statement and brief within 10 days after filing the appeal ([11.1.2.17(B)(1), (2)](https://www.srca.nm.gov/parts/title11/11.001.0002.html), amended June 21, 2022).

## NMDOT federal-aid projects are a separate track

NMDOT's [Labor Compliance Program page](https://www.dot.nm.gov/highway-operations-program/operations-support-division-director/construction-civil-rights-bureau/labor-compliance-program-lcp/) says LCPtracker is a paperless online system for entering certified payroll reports on federal-aid projects. State road contracts over $60,000 fall within section 13-4-11(A), so read your contract for which submissions it requires. See the [FHWA-1273 guide](https://wellstanding.com/guides/fhwa-1273-changes-2026/) and the [state-by-state table](https://wellstanding.com/guides/certified-payroll-requirements-by-state/).

We prepare certified payroll for public works contractors. Tell us about your project.

## Questions

**Does New Mexico require certified payroll?**

Yes, over $60,000. Certified payrolls go to the contracting agency monthly, and to the DWS director within 10 business days of a request for an investigation or audit ([11.1.2.9(C)(3)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)). The contract must require them numbered and kept weekly (11.1.2.9(B)(7), (8)).

**How long do I have to give DWS my payroll records?**

Ten business days from receiving DWS's written request or subpoena ([11.1.2.15(C)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)).

**Why is my final payment being held?**

The agency must require your notarized affidavit of wages paid first ([11.1.2.9(B)(15)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)), and must withhold payment once DWS gives notice that records were not provided or a violation was not rectified ([11.1.2.16(A)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)).

**Who sends my subcontractors' payrolls?**

The prime is responsible for submitting every subcontractor's certified payrolls ([11.1.2.9(C)(3)](https://www.srca.nm.gov/parts/title11/11.001.0002.html)).

## Sources

Every figure on this page links to its source where it first appears. The full list, in order:

1. [section 13-4-11 as enacted in HB 6 (2025)](https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0006.pdf) nmlegis.gov
2. [11.1.2 NMAC](https://www.srca.nm.gov/parts/title11/11.001.0002.html) srca.nm.gov
3. [11.1.3 NMAC](https://www.srca.nm.gov/parts/title11/11.001.0003.html) srca.nm.gov
4. [DWS requirements sheet](https://www.santafecountynm.gov/documents/solicitations/WorkForce_Solutions_Wage_Rates.pdf) santafecountynm.gov
5. [2020 Santa Fe bid](https://santafenm.gov/media/rfps_docs/ITB_21_12_B_Southside_Transit_Center.pdf) santafenm.gov
6. [Section 13-4-13.1 NMSA (2011 text)](https://www.nmlegis.gov/Sessions/11%20Regular/final/SB0617.pdf) nmlegis.gov
7. [LCPtracker](https://www.dot.nm.gov/highway-operations-program/operations-support-division-director/construction-civil-rights-bureau/labor-compliance-program-lcp/) dot.nm.gov
8. [section 13-4D-4(B)](https://www.nmlegis.gov/Sessions/26%20Regular/final/HB0270.pdf) nmlegis.gov
9. [signed March 4, 2026](https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=270&year=26) nmlegis.gov
10. [Legislative Finance Committee (LFC) analysis](https://www.nmlegis.gov/Sessions/26%20Regular/firs/HB0270.PDF) nmlegis.gov

## Related

- [Certified payroll requirements by state](https://wellstanding.com/guides/certified-payroll-requirements-by-state/)
- [How to fill out Form WH-347](https://wellstanding.com/guides/wh-347/)
- [Which WH-347 version to use](https://wellstanding.com/guides/which-wh-347-version-to-use/)
- [FHWA-1273 changes in 2026](https://wellstanding.com/guides/fhwa-1273-changes-2026/)