N.M. Admin. Code § 11.1.2.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 11.1.2.21 - [Effective 1/1/2025] SUBSISTENCE, ZONE, AND INCENTIVE PAY RATES

All contractors are required to pay subsistence, zone, and incentive pay according to the particular trade.

A. Asbestos workers or heat and frost insulators

(1) Zone 1 shall consist of the area lying within the city limits of a circle whose radius is 66 miles from the city hall in Albuquerque or the city hall in El Paso - $0.00 per day.

(2) Zone 2 shall consist of Los Alamos county - $40.00 per day if not furnished a company owned vehicle.

(3) Zone 3 shall consist of the area lying beyond a circle whose radius is over 66 miles from the city hall in Albuquerque or the city hall in El Paso - $85.00 per day.

B. Boilermakers/blacksmiths

(1) Per diem is calculated from city hall of the dispatch city or the employee's home address, whichever is closer to the job location.

(2) Per diem is $55.00 per day for travel between 70 and 120 miles and $85.00 per day for travel over 120 miles.

C. Bricklayers

(1) For Albuquerque area contractors, the starting point shall be at the intersection of I-40 and I-25 and shall continue to the job site. All other areas, the starting point shall be the employer's main office address.

(2) Between 50 and 75 miles from the starting point, $35.00 per day.

(3) 76 or more miles from the starting point, $55.00 per day.

(4) All covered refractory work over 75 miles from the intersection of I-40 and I-25, $80.00 per day.

D. Cement Masons

(1) For employees who travel to Santa Fe from Albuquerque or vice versa, $20.00 per day.

(2) In all other work performed more than 50 miles from the employer's main office, $50.00 per day.

(3) Mutually agreed-upon lodging or transportation paid for by the employer will substitute for subsistence pay.

E. Drywall Finishers and Tapers:

(1) All zones are measured from the Albuquerque City Hall.

(2) Up to 70 miles is a free zone.

(3) Between 71 and 100 miles shall be paid $30.00 expense allowance per day worked.

(4) Over 101 miles shall be paid $80.00 expense allowance per day worked.

(5) Employees who travel from Santa Fe to Albuquerque will be paid $30.00 per day or other mutually agreed upon lodging or transportation.

(6) An area within a 50-mile radius of the address where an employee permanently resides at the time of hire, outside of Santa Fe or Albuquerque, shall be a free zone.

(7) When the employer pays for the hotel for out-of-town work, the employee shall receive $30.00 per day for expenses. Each room shall not house more than two people per room.

F. Electricians (inside classifications)

(1) For Albuquerque only:

(a) Zone 1 is classified as being within 40 miles from the main post office.

(b) Zone 2 shall extend up to 10 miles beyond zone 1. Work performed within zone 2 shall be compensated nine percent above the journeyman rate for zone 1.

(c) Zone 3 shall extend up to 20 miles beyond zone 1. Work performed within zone 3 shall be compensated fifteen percent above the journeyman rate for zone 1.

(d) Zone 4 shall extend 20 miles or more beyond zone 1. Work performed within zone 4 shall be compensated twenty six percent above the journeyman rate for zone 1.

(2) For Los Alamos County only: work performed within the county shall be compensated fifteen percent above the zone 1 journeyman rate.

(3) For all other counties:

(a) Zone 1 is:

(i) within six miles from the main post office for Raton, Tucumcari, and Farmington.

(ii) within eight miles from the main post office for Las Vegas.

(iii) within ten miles from the main post office for Santa Fe and Gallup.

(iv) within twelve miles from the main post office for Belen, Carrizozo, Clovis, Los Lunas, Portales, Roswell, Ruidoso, Artesia, Carlsbad, Hobbs, and Lovington.

(v) within fourteen miles from the main post office for Espanola.

(b) Zone 2 shall extend up to 20 miles beyond zone 1. Work performed within zone 2 shall be compensated nine percent above the journeyman rate for zone 1.

(c) Zone 3 shall extend up to 30 miles from zone 1. Work performed within zone 3 shall be compensated fifteen percent above the journeyman rate for zone 1.

(d) Zone 4 shall extend beyond 30 miles from zone 1. Work performed within zone 4 shall be compensated twenty six percent above the journeyman rate for zone 1.

(4) Commuting time to and from a job site at the beginning and end of each workday is not compensable. However, if workers are required to report to the shop at the start of the day or return to the shop at the end of the day, then that time spent traveling is compensable. Similarly, time spent traveling from job to job is compensable. In both cases, workers shall be paid for the time spent traveling and shall be furnished transportation by the employer. Under these conditions the Zone 1 rate and any applicable overtime will be paid.

G. Electricians (outside classification - Zone 2): $50.00 per diem to be paid for work 30 miles outside of Santa Fe and 60 miles outside of Albuquerque. No per diam in Los Alamos County.

H. Glaziers

(1) When out-of-town travel is required, the employer shall provide suitable lodging with no more than two people per room and $30.00 per day for expenses, or;

(2) Pay $100 per day for expenses, plus their regular rate of pay.

(3) Employees required to use a personal vehicle for travel to a jobsite beyond a 50-mile radius from their residence or the employer's shop, whichever is closest to the job, shall be compensated at the current IRS rate for actual mileage incurred beyond the 50-mile radius, plus their regular rate of pay for travel time.

I. Ironworkers:

(1) Travel more than 50 miles from the interchange of Interstate 25 and Interstate 40 or from the employee's home should be paid at $9.00 per hour.

(2) If travel is within Santa Fe County, travel should be paid at $3.00 per hour.

J. Laborers:

(1) Type A:

(a) Work travel between 50 and 85 miles from the employer's primary address should be compensated at $3.50 per hour

(b) Work travel 86 miles or greater from the employer's primary address should be compensated at $5.00 per hour.

(2) Types B and C:

(a) Work travel over 70 miles from the union halls of Albuquerque, Espanola, Farmington or Las Cruces shall be paid at $7.00 per hour in travel pay, not to exceed 10 hours per day.

(b) If an overnight stay is necessary, the employer shall pay $40.00 per day for meals, in addition to travel pay.

(3) Type H - no zone subsistence pay

(4) If an employer provides the employee transportation and mutually agreeable, suitable lodging in areas where overnight stays are necessary, subsistence rates do not apply.

K. Millwrights

(1) All zone pay shall be calculated from the address of the city hall of the respective dispatch point using the "shortest route" filter on Google Maps.

(2) Zone 1: Work traveled up to 45 miles from the address of the city hall of the respective dispatch points is a free zone.

(3) Zone 2: Work traveled between 45 miles and 100 miles shall be compensated at $4.00 per hour above base wage.

(4) Zone 3: Work traveled 101 miles or more shall be compensated at $6.00 per hour above base wage.

(5) If employer fails to provide suitable lodging, employer shall pay $110.00 per diem.

(6) If an employee's principal place of residence is within 45 road miles from the project, no subsistence or travel time shall be paid.

L. Operating Engineers

(1) Type A operators should be compensated for zone and subsistence as follows:

(a) Work travel between 50 and 85 miles from the interchange of Interstate 25 and Interstate 40 in Albuquerque, or from the Farmington City Hall in Farmington, should be compensated at $2.50 per hour.

(b) Work travel 86 miles or more from the interchange of Interstate 25 and Interstate 40 in Albuquerque or from the Farmington City Hall in Farmington, should be compensated at $4.00 per hour.

(2) Type B and C operators:

(a) Base points for operators are 30 miles and beyond from the following base points or the employee's home:

(i) Bernalillo county courthouse in Albuquerque;

(ii) state capital building in Santa Fe;

(iii) city hall in Farmington.

(b) Zone and subsistence for Albuquerque, Santa Fe and Farmington are as follows:

(i) work travel between 30 and 50 miles from the base point compensated at $20.00 per day;

(ii) work travel between 51 and 100 miles from the base point compensated at $50.00 per day;

(iii) work travel over 100 miles from the base point that involves an overnight stay compensated at $100.00 per day.

(c) Zone and subsistence for Los Alamos County, $100.00 per day. This takes precedence of the 50-mile radius for Santa Fe zone and subsistence.

(d) If an employer provides the employee transportation and mutually agreeable, suitable lodging in areas where overnight stays are necessary, subsistence rates do not apply.

(3) Type H operators are not eligible for zone and subsistence pay.

M. Painters

(1) When out-of-town travel is required, the employer shall provide suitable lodging with no more than two people per room and $30.00 per day for expenses.

(2) When out-of-town travel is required and employer does not provide lodging, employer shall pay $100 per day for expenses, plus their regular rate of pay.

(3) Employees required to use a personal vehicle for travel to a jobsite beyond a 60-mile radius from their residence or the employer's shop, whichever is closest to the job, shall be compensated at the current IRS rate for actual mileage incurred beyond the 60-mile radius, plus their regular rate of pay for travel time.

N. Paper hangers

(1) When out-of-town travel is required, the employer shall provide suitable lodging with no more than two people per room and $30.00 per day for expenses.

(2) When out-of-town travel is required and employer does not provide lodging, employer shall pay $100 per day for expenses, plus their regular rate of pay.

(3) Employees required to use a personal vehicle for travel to a jobsite beyond a 60-mile radius from their residence or the employer's shop, whichever is closest to the job, shall be compensated at the current IRS rate for actual mileage incurred beyond the 60-mile radius, plus their regular rate of pay for travel time.

O. Plasterers

(1) Employees who travel from Albuquerque to Santa Fe should be compensated at $20.00 per day.

(2) Except for employees who travel from Santa Fe to Albuquerque, work travel 75 miles or more from the employer's office over the most typically traveled route should be compensated at $5.00 per hour and capped at $40.00 per day.

P. Plumbers and pipefitters

(1) Work travel for 90 or more miles from an employee's primary residence, and involving an overnight stay, should be compensated at $80.00 per day.

(2) No zone or subsistence pay is required should the employer elect to cover the room cost.

Q. Roofers - work travel requiring an overnight stay should be compensated at $35.00 per day for food. Employer should provide and pay for a suitable hotel. When employees are assigned to jobs located 60 or more miles from the employer's place of business, transportation to and from the job site must be provided.

R. Sheet metal workers

(1) Subsistence will be paid in any area outside the employer's home zone unless the jobsite is within 90 miles, by most direct regularly traveled route, of an employee's principal place of residence, in which case the employer will not be required to pay subsistence to that employee while working on that jobsite.

(2) If an overnight stay is required, $120.00 subsistence will be paid for each day worked outside of the employer's home zone. If no overnight stay is required, travel time will be paid both ways during each day worked outside of the employer's home zone.

(3) No subsistence pay is required should employer decide to cover room costs at a suitable location and no more than two workers are in a room.

(4) Zone 1: any area within an employer's home zone. An employer's home zone shall consist of 90 miles by most direct regularly traveled route from the main post office in the municipality of the employer's primary place of business, and including Los Alamos and Espanola, regardless of mileage.

(5) Zone 2 (Industrial):

(a) Industrial work will be defined as all new construction work performed on the following types of facilities: electrical generation plants, co-generation plants 50 megawatts and over, refineries, natural and LP gas plants, mills, mines, and concentrators. Maintenance and retrofit work are excluded.

(b) the minimum rate of pay for all work described in subsection (a) of this section will be as indicated under zone 2 of the public works prevailing wage rates in 11.1.2.20 NMAC.

(6) Zone 3 (Los Alamos):

(a) All work on Los Alamos National Laboratory property, and all prevailing wage work within the county of Los Alamos.

(b) The minimum rate of pay for all work described in subsection (a) of this section will be as indicated under zone 3 of the public works prevailing wage rates in 11.1.2.20 NMAC.

(7) Travel:

(a) All time spent traveling during the regular workday will be considered time worked and will be paid at the zone 1 rate of pay, provided such travel is directed by the employer. Travel before or after the regular workday will not be considered time worked and will not be paid unless required by federal or state law. If required by law, all time spent traveling outside the regular workday will be paid at the overtime rate of time and a half times two thirds the regular zone 1 rate of pay.

(b) If an employer sends an employee to perform work outside the territorial jurisdiction of the United States or Canada, travel pay and subsistence arrangements shall be negotiated locally.

S. Soft floor layer

(1) Zone 1: Base pay for an area within a 30-mile radius from the main post office in the city or town where the employee permanently resides. Albuquerque, Santa Fe, and Belen shall be considered Zone 1.

(2) Zone 2: Work travel between 30 and 75 miles from the main post office in the town where an employee permanently resides shall be compensated at $1.00 per hour above base pay.

(3) Zone 3: Work travel 75 miles or more from the main post office in the town where an employee permanently resides shall be compensated at $3.13 per hour above base pay.

(4) Employer will furnish transportation or gasoline for all work performed beyond the 30-mile radius that encompasses the free cities of Albuquerque, Santa Fe, or Belen.

(5) When the employee is directed to report to a job site and the distance to the job site requires the employee to stay out of town overnight, the employer shall provide housing arrangements.

T. Sprinkler fitters

(1) Work travel between 60 and 80 miles from the employee's primary residence should be compensated at $23.00 per day.

(2) Work travel between 81 and 100 miles from the employee's primary residence should be compensated at $33.00 per day.

(3) Work travel of 101 miles or more from the employee's primary residence should be compensated at $125.00 per day.

(4) No zone or subsistence pay shall be paid when the employer provides daily transportation and the employee elects to travel back and forth from home.

N.M. Admin. Code § 11.1.2.21

Adopted by New Mexico Register, Volume XXIX, Issue 20, October 30, 2018, eff. 1/1/2019, Amended by New Mexico Register, Volume XXX, Issue 24, December 31, 2019, eff. 1/1/2020, Amended by New Mexico Register, Volume XXXII, Issue 24, December 28, 2021, eff. 1/1/2022, Amended by New Mexico Register, Volume XXXIII, Issue 18, September 27, 2022, eff. 1/1/2023, Amended by New Mexico Register, Volume XXXIV, Issue 19, October 10, 2023, eff. 1/1/2024, Amended by New Mexico Register, Volume XXXV, Issue 20, October 22, 2024, eff. 1/1/2025