Davis Bacon
The Davis-Bacon and Related Acts applies to any contract for the construction of affordable housing with 12 or more units assisted with HOME funds. Davis-Bacon Act and Related Act contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. The Davis-Bacon Act directs the Department of Labor to determine such locally prevailing wage rates. The contractor must submit weekly certified payroll reports to the MFA or its designee that documents the type or classification of work performed, the number of hours worked and the prevailing wage rate for that classification. The related acts that are applicable are: the Contract Work Hours and Safety Standards Act (CWHSSA) which requires time and one half pay for overtime hours (over 40 in any workweek) worked on a covered project, the Copeland Act, which makes it a crime to require employees to kickback any part of their wages, and the Fair Labor Standards Act (FLSA) which contains Federal minimum wage rates, overtime and child labor requirements.
Forms and Reference Materials
prevailing wage rates for the State of New Mexico
http://www.wdol.gov/dba.aspx#0
Instruction for completing Payroll form
Poster for Display at Construction Site
Program Contact
Andrew Rael
Main: (505) 843-6880
Direct: (505) 767-2275
Toll free in New Mexico: (800) 444-6880
