If you have worked on a public works project in New Mexico—such as a school, highway, or government building—you were likely entitled to be paid the prevailing wage for your trade. These wage rates are set by the New Mexico Department of Workforce Solutions (DWS) to ensure that all laborers and mechanics on public projects receive fair, standardized pay.

Unfortunately, some contractors and subcontractors fail to pay workers the required prevailing wage. When that happens, workers are not powerless. Under New Mexico law, you have the right to file your own lawsuit to recover what you are owed.

The Public Works Minimum Wage Act

New Mexico’s Public Works Minimum Wage Act (PWMWA), NMSA 1978 §§ 13-4-10 to -17, requires contractors on state and local government construction projects to pay their employees no less than the prevailing wage and fringe benefits set by the DWS.

The DWS publishes and updates these rates by craft and county. You can view the current schedule here:
👉 New Mexico Department of Workforce Solutions – Prevailing Wage Rates

This law applies to nearly all publicly funded construction, repair, remodeling, and demolition projects across the state.

Your Right to Sue for Unpaid Prevailing Wages

Many workers assume that only the government can enforce prevailing wage laws. That’s true under the federal Davis-Bacon Act, which does not allow private lawsuits.
But New Mexico’s law is different.

In Cates v. Mosher Enterprises, Inc., 403 P.3d 687 (N.M. Ct. App. 2017), the New Mexico Court of Appeals ruled that the PWMWA creates a private right of action for workers to recover unpaid prevailing wages. The Court held that Sections 13-4-14(C) and (D) make an employer “liable to any affected employee” for unpaid wages and allow courts to award attorney’s fees and costs to employees who win their case.

That means you do not have to wait for the Department of Workforce Solutions to take action. You can hire your own lawyer and file suit directly to recover unpaid wages and penalties.

What Damages Can You Recover?

If you were underpaid on a public works job, the PWMWA allows you to seek the following:

• Unpaid Wages and Fringe Benefits – The difference between what you were paid and what you should have been paid under the prevailing wage schedule.
• $100-Per-Day Penalty – For each calendar day that your employer willfully failed to pay the correct rate.
• Triple Damages – If the total underpayment exceeds $500, the employer can be held liable for three times the amount of unpaid wages or fringe benefits.
• Attorney’s Fees and Costs – If you win your case, the employer must also pay your reasonable legal fees and expenses.

These remedies are designed to ensure full compensation for workers and to deter contractors from ignoring the law.

Common Violations

Prevailing wage violations are widespread on public projects. Common examples include:

• Paying a “flat” hourly rate that is less than the posted prevailing wage for the classification;
• Misclassifying skilled workers (for example, paying an electrician or operator as a general laborer);
• Failing to provide required fringe benefits such as health insurance or pension contributions;
• Falsifying certified payroll records to hide underpayments; or
• Retaliating against workers who complain about being underpaid.

Even if you were paid through a staffing company or subcontractor, you may still have a claim against the general contractor and other responsible parties.

Contact Josh Borsellino for a Free Consultation

If you worked on a public project in New Mexico and believe you were not paid the required prevailing wage, you may be entitled to substantial compensation — including unpaid wages, $100-per-day penalties, and triple damages.

📞 Call or text Josh Borsellino at 817-908-9861
📧 Email: josh@dfwcounsel.com

Josh Borsellino is an attorney with Borsellino P.C., representing workers in wage-and-hour and prevailing-wage cases. Call Josh today for a free- confidential, no-obligation consultation.