Tempe, Ariz. – An investigation by Torres Consulting & Law Group’s (TCLG) wage compliance division helped uncover more than $200,000 in back wages and penalties owed by Bixby Electric, Inc. to their workers.
The investigation was conducted on behalf of the New Mexico International Brotherhood of Electrical Workers (IBEW) Local 611 and sought to evaluate proper payment of prevailing wage over the duration of several projects. New Mexico Department of Workforce Solutions (NMDWS), the enforcement agency, uncovered misuse of worker classifications leading to underpayment of wages and fringe benefits.
Through a third-party complaint submitted by TCLG on August 15, 2025, the Labor Relations Division (LRD) of NMDWS issued a subpoena requesting certified payrolls from Bixby Electric, Inc. on three projects. The LRD conducted an audit and revealed violations of the Public Works Minimum Wage Act (PWMWA). They concluded in July 2026 that workers were misclassified as laborers and operators, rather than the appropriate classifications of “electrician groundman- outside” and “electrician equipment operator-outside” respectively. The misclassifications resulted in underpayment to Bixby Electric, Inc. workers, amounting to $114,180.71 in wages and fringe benefits and $90,500 in statutory penalties as a result of its intentional or willful misclassifications across four projects.
“Employees deserve to be paid what the law requires in that trade. Improper wage deductions and misclassifications to improperly reduce a worker’s wages is unfortunately a common occurrence on construction job sites,” said TCLG’s Senior Director Laura Garcia.
Bixby Electric has filed an appeal to the investigative findings of the NMDWS. The appeal is awaiting a hearing by the Labor & Industrial Commission of the state of New Mexico. TCLG is prepared to intervene in the appeal.
TCLG aggressively monitors prevailing wage projects on municipal, state, and federal construction contracts for compliance. The firm provides a variety of consulting services, including regulatory compliance and government relations to clients across the United States. A specialty is Davis-Bacon and prevailing wage compliance for public agencies, local unions, contractor associations, and building trades organizations.