New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
"Contract"
means any written agreement made by the state or any
				political subdivision of the state for or including provisions for the
				alteration, construction, demolition, maintenance, or repair of any public
				building, public work, or public road that makes use of any public
				funds.
D.
"Craft"
means a particular construction trade.
E.
"Director"
means the director
				of the division.
F.
"Division"
means the labor relations division of the workforce
				solutions department.
G.
"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: holidays; time off for sickness, injury, personal reasons or
				vacation; bonuses; authorized expenses incurred during the course of
				employment; health, life and accident or disability insurance; profit-sharing
				plans; contributions made on behalf of an employee to a retirement or other
				pension plan; zone, incentive, and subsistence pay and any other compensation
				paid to an employee, or for the direct benefit of an employee. Payments made to
				an approved apprentice program are not fringe benefits.
H.
"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.
I.
"Locality"
means one or more
				counties in the state of New Mexico.
J.
"Prevailing wage and
				benefits"
means the hourly wage rate and other benefits as determined by
				the director to be paid to, or for the benefit of, employees for work performed
				by the employee on public works projects, including any apprentice training
				contributions.
K.
"Project"
means any coordinated activity involving the alteration,
				construction, demolition, installation, maintenance, or repair of any public
				building, public work, or public road, and shall include all contracts related
				to, and employers involved in, the work to be done as a result of the
				coordination.
L.
"Public
				funds"
means every contract or project in excess of $60,000 that the
				state or any political subdivision thereof if a party to for construction,
				alteration, demolition, or repair, or any combination thereof.
M.
"Public works"
means any
				facility for the use, enjoyment, or benefit of the public that is altered,
				constructed, demolished, installed, maintained, or repaired and is funded in
				whole or in part with public funds or public financing, public grant, and
				including any form of tax bond financing.
N.
"Repair"
means to correct any
				damage or defects within, or to replace any obsolete system, part or portion,
				of a public building, public work or public road.
O.
"Secretary"
means the
				secretary of the department of workforce solutions.
P.
"Similar nature"
means
				contract work performed on projects as defined in
				11.1.2.18
				NMAC.
Q.
"State"
means
				the state of New Mexico.
R.
"Wage"
means the basic hourly rate of pay.
S.
"Willfully"
means an
				intentional or deliberate violation of a known duty, and shall include the
				failure to rectify a violation within a reasonable time after notice of the
				violation, or repeated violations after receiving notice of a
				violation.