N.M. Admin. Code § 11.1.2.21

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

Section 11.1.2.21 - [Effective until 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) $40.00 per day ($5.00 per hour for eight hours work) for over 60 miles over the most typically traveled route, or other mutually agreed upon suitable lodging or transportation.

(2) If an employee has worked the full week on four10-hour days, the employee shall be paid the full week of per diem of $200.00.

(3) Special provision for Santa Fe and Albuquerque: Employees who travel between Santa Fe and Albuquerque will be paid $15.00 per day or other mutually agreed upon lodging or transportation.

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 $20.00 per night for food.

(2) Employees required to use a personal vehicle for travel to a jobsite beyond a 30 mile radius of the main post office in town where the employer's shop is located shall be compensated at the current Internal Revenue Service (IRS) rate for actual mileage incurred beyond the 30 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 with no more than two people in a room 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.

(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:

(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 over 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 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.

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

N. Paper hangers

(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 $2.50 per hour above base pay.

(4) When the employee is required to stay overnight, the employer should provide and pay for suitable lodging.

(5) 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.

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) Work travel 90 miles or more from the contractor's home base and employee's home, should be paid at $120.00 per day subsistence pay plus base and fringe, regardless of county.

(2) Los Alamos county: $2.00 per hour incentive pay plus base and fringe.

(3) Workers living 60 or more miles from a San Juan county job site shall receive $3.00 per hour subsistence pay plus base and fringe.

S. Soft floor layer

(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