reglab/housing_qa huggingface dataset:
NM Stat § 50-16-3 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 16 - Caregiver Leave|Section 50-16-3 - Accumulated sick leave; application to family caregiving.

A. An employer that provides eligible employees with sick leave for an eligible employee's own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedures that the employer imposes for any other use of sick leave by eligible employees.B. An eligible employee's employer shall not discharge or threaten to discharge, demote, suspend or retaliate or discriminate in any manner, including using the employee's use of caregiver leave as a factor in the employee's performance evaluation, against an eligible employee because that employee requests or uses caregiver leave in accordance with the employer's general sick leave policy, files a complaint with the workforce solutions department for violation of the Caregiver Leave Act, cooperates in an investigation or prosecution of an alleged violation of the Caregiver Leave Act or opposes any policy or practice established pursuant to the Caregiver Leave Act.C. Nothing in this section shall require an employer to provide sick leave to its employees. D. The provisions of the Caregiver Leave Act are nonexclusive and cumulative and are in addition to any other rights or remedies afforded by contract or under other provision of law. The Caregiver Leave Act does not prohibit an employer from providing greater sick leave benefits than are provided pursuant to that act.E. The secretary of workforce solutions shall adopt and promulgate rules to implement the provisions of the Caregiver Leave Act. These rules shall include, at a minimum, grievance procedures for according eligible employees recourse for violations of the Caregiver Leave Act. History: Laws 2019, ch. 177, § 3. ANNOTATIONSEffective dates. — Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after adjournment of the legislature.
NM Stat § 50-16-4 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 16 - Caregiver Leave|Section 50-16-4 - Exemptions.

A. The provisions of the Caregiver Leave Act shall not apply to:(1) an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act or to an employer or employee as defined in either the federal Railroad Unemployment Insurance Act or the Federal Employers' Liability Act or other comparable federal law; or(2) any other employment expressly exempted under rules adopted by the workforce solutions department as necessary to implement the provisions of the Caregiver Leave Act in accordance with applicable state and federal law.B. Nothing in the Caregiver Leave Act shall be construed to invalidate, diminish or otherwise interfere with any collective bargaining agreement, nor shall it be construed to invalidate, diminish or otherwise interfere with any party's power to collectively bargain for a collective bargaining agreement.History: Laws 2019, ch. 177, § 4. ANNOTATIONSCross references. — For the federal Railway Labor Act, see 15 U.S.C. §§ 21, 45; 18 U.S.C. § 373; 28 U.S.C. §§ 1291 to 1294 and 45 U.S.C. §§ 151 to 163, 181 to 188.For the federal Railroad Unemployment Insurance Act, see 45 U.S.C. § 351 et seq.For the Federal Employers' Liability Act, see 45 U.S.C. § 51 et seq.Effective dates. — Laws 2019, ch. 177 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after adjournment of the legislature.
NM Stat § 50-17-1 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-1 - Short title. (Effective July 1, 2022.)

This act [50-17-1 to 50-17-12 NMSA 1978] may be cited as the "Healthy Workplaces Act".History: Laws 2021, ch. 131, § 1. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 1 effective July 1, 2022.
NM Stat § 50-17-4 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-4 - More generous earned sick leave policy. (Effective July 1, 2022.)

An employer with a paid time off policy that makes available an amount of earned sick leave sufficient to meet the accrual requirements of the Healthy Workplaces Act and that may be used for at minimum the same purposes and under the same terms and conditions as that act is deemed to be in compliance with that act. However, on the effective date of the Healthy Workplaces Act, the sick leave required by that act shall be in addition to any paid time off provided by an employer pursuant to a collective bargaining agreement unless that paid time off provided may be used for the same purposes and under the same terms and conditions as the Healthy Workplaces Act.History: Laws 2021, ch. 131, § 4. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 4 effective July 1, 2022.
NM Stat § 50-17-5 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-5 - Documentation. (Effective July 1, 2022.)

A. Documentation shall not be required for sick leave, except an employer may require reasonable documentation that sick leave has been used for a covered purpose if the employee uses two or more consecutive work days of sick leave.B. Documentation signed by a health care professional indicating the amount of earned sick leave taken is necessary shall be considered reasonable documentation for sick leave taken pursuant to the Healthy Workplaces Act. In cases of domestic abuse, sexual assault or stalking, an employee may choose to provide one of the following types of documentation, which shall be considered as reasonable documentation: a police report, a court-issued document or a signed statement from a victim services organization, clergy member, attorney, advocate, the employee, a family member of the employee or other person affirming that the sick leave was taken for one of the purposes set forth in Paragraph (4) of Subsection C of Section 3 [50-17-3 NMSA 1978] of the Healthy Workplaces Act. A signed statement required pursuant to this subsection may be written in the employee's native language and shall not be required to be in a particular format or notarized. An employer may not require the documentation to explain the nature of any medical condition or the details of the domestic abuse, sexual assault or stalking.C. An employee shall provide documentation upon request to the employer in a timely manner. The employer shall not delay the commencement of earned sick leave on the basis that the employer has not yet received documentation. D. All information an employer obtains related to an employee's reasons for taking sick leave shall be treated as confidential and not disclosed except with the permission of the employee or as necessary for validation purposes for insurance disability claims, accommodations consistent with the federal Americans with Disabilities Act of 1990, as required by the Healthy Workplaces Act or by court order. History: Laws 2021, ch. 131, § 5. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 5 effective July 1, 2022.
NM Stat § 50-17-6 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-6 - Notice and posting requirements. (Effective July 1, 2022.)

A. An employer shall give written or electronic notice to an employee at the commencement of employment of the following:(1) the employee's right to earned sick leave;(2) the manner in which sick leave is accrued and calculated;(3) the terms of the use of earned sick leave as guaranteed by the Healthy Workplaces Act;(4) that retaliation against employees for the use of sick leave is prohibited;(5) the employee's right to file a complaint with the division if earned sick leave as required pursuant to the Healthy Workplaces Act is denied by the employer or if the employee is retaliated against; and(6) all means of enforcing violations of the Healthy Workplaces Act.B. Notice required pursuant to Subsection A of this section shall be in English, Spanish or any language that is the first language spoken by at least ten percent of the employer's workforce, as requested by the employee.C. Employers shall display a poster that contains the information required pursuant to Subsection A of this section in a conspicuous and accessible place in each establishment where employees are employed. The poster displayed should be in English, Spanish and any language that is the first language spoken by at least ten percent of the employer's workforce.D. The division shall create and make available to employers notices and posters in English, Spanish and any other languages deemed appropriate by the division that contain the information required pursuant to Subsection A of this section for employers' use in complying with the provisions of this section.History: Laws 2021, ch. 131, § 6. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 6 effective July 1, 2022.
NM Stat § 50-17-7 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-7 - Employer shall retain documentation. (Effective July 1, 2022.)

Employers shall retain for the immediately preceding forty-eight-month period records documenting hours worked by employees and earned sick leave taken by employees. History: Laws 2021, ch. 131, § 7. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 7 effective July 1, 2022.
NM Stat § 50-17-8 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-8 - Exercise of rights protected; retaliation prohibited. (Effective July 1, 2022.)

A. An employer shall not take or threaten any adverse action whatsoever against an employee:(1) that is reasonably likely to deter such employee from exercising or attempting to exercise a right granted pursuant to the Healthy Workplaces Act; or(2) because the employee:(a) has exercised or attempted to exercise such rights;(b) has reasonably alleged violations of the Healthy Workplaces Act; or(c) has raised a concern about violations of the Healthy Workplaces Act to the employer, the employer's agent, other employees, a government agency or to the public through print, online, social or any other media.B. An employer shall not attempt to require an employee to sign a contract or other agreement that would limit or prevent the employee from asserting rights provided for in the Healthy Workplaces Act or to otherwise establish a workplace policy that would limit or prevent the exercise of such rights. An employer's attempt to impose such a contract, agreement or policy shall constitute an adverse action enforceable pursuant to the Healthy Workplaces Act.C. An employer shall not count use of sick leave in a way that will lead to discipline, discharge, demotion, non-promotion, less favorable scheduling, reduction of hours, suspension or any other adverse action.History: Laws 2021, ch. 131, § 8. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 8 effective July 1, 2022.
NM Stat § 50-17-9 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-9 - Enforcement. (Effective July 1, 2022.)

A. The division shall be authorized to coordinate implementation and enforcement of the Healthy Workplaces Act and shall promulgate appropriate rules to implement that act.B. The division shall coordinate implementation and enforcement of the Healthy Workplaces Act, including:(1) establishing a system to receive complaints, in writing and by telephone, regarding alleged violations of the Healthy Workplaces Act;(2) establishing a process for investigating and resolving complaints in a timely manner and keeping complainants notified regarding the status of the investigation of their complaint;(3) ensuring employer compliance with the Healthy Workplaces Act through the use of audits, investigations or other measures; and(4) establishing a system for reviewing complaints.C. The division shall maintain as confidential the identity of any complainant unless disclosure of such complainant's identity is necessary for resolution of the investigation or otherwise required by law. The division shall, prior to such disclosure and to the extent practicable, notify a complainant that the division will be disclosing the complainant's identity.History: Laws 2021, ch. 131, § 9. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 9 effective July 1, 2022.
NM Stat § 50-17-10 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-10 - Civil actions; time limits; burdens of proof. (Effective July 1, 2022.)

A. A civil action may be filed in a court of competent jurisdiction for a violation of the Healthy Workplaces Act within three years from the date the alleged violation occurred; provided that the time limit to file a civil action established by this subsection shall be tolled during an investigation by the division of the violation or related violations by the same employer. A lack of an investigation by the division shall not act as a bar to a civil action brought by a complainant pursuant to the Healthy Workplaces Act.B. The division, the office of the attorney general or a person or entity that has a member who has been affected by a violation of the Healthy Workplaces Act may bring a civil action for a violation of the Healthy Workplaces Act.C. A civil action to enforce any provision of the Healthy Workplaces Act may be filed without first filing an administrative complaint with the division and may:(1) encompass all violations that occurred after the effective date of the Healthy Workplaces Act as part of a continuing course of conduct, regardless of the date on which the violations occurred;(2) be pursued by an employee on behalf of the employee or be pursued by an employee on behalf of other employees similarly situated; or(3) be pursued by an agent or representative designated by an employee.D. It shall not be a defense to any action brought pursuant to this section that the complaint was brought by or in regard to the employment of a worker who does not have evidence of having a legal presence in the United States.E. The parties in a civil action regarding retaliation by an employer shall be subject to the following burdens of proof:(1) when an employee presents a prima facie showing of retaliation, the employer shall then have the burden to establish a legitimate, non-retaliatory reason for the adverse employment action; and(2) when an employer meets the burden of proof required by Paragraph (1) of this subsection, the employee shall then have the burden to establish that the reason cited by the employer was pretextual.History: Laws 2021, ch. 131, § 10. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 10 effective July 1, 2022.
NM Stat § 50-17-11 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-11 - Employer liability. (Effective July 1, 2022.)

A. An employer that violates the Healthy Workplaces Act shall be liable to the affected employee:(1) for an instance of sick leave taken by an employee but unlawfully not compensated by the employer, in an amount equal to three times the wages that should have been paid or five hundred dollars ($500), whichever is greater;(2) for an instance of sick leave requested by an employee but unlawfully denied by the employer and not taken by the employee or unlawfully conditioned on searching for or finding a replacement worker, in an amount equal to actual damages or five hundred dollars ($500), whichever is greater;(3) for each instance of retaliation prohibited by the Healthy Workplaces Act excepting discharge from employment, in an amount equal to actual damages, including back pay, wages or benefits lost, an additional amount of two hundred fifty dollars ($250) and equitable relief such as rescission of disciplinary measures taken by the employer or other relief as determined by a court of law;(4) for each instance of prohibited discharge from employment, in an amount equal to actual damages, including back pay, wages or benefits lost, an additional amount of five hundred dollars ($500) and reinstatement or other equitable relief as determined by a court of law;(5) for each willful notice or recordkeeping violation, two hundred fifty dollars ($250); and(6) for each misclassification of an employee as an independent contractor, actual damages or five hundred dollars ($500), whichever is greater.B. A plaintiff prevailing in a legal action brought pursuant to the Healthy Workplaces Act shall recover all appropriate legal or equitable relief, the costs and expenses of suit and reasonable attorney fees. In an action brought by the division or the attorney general, any damages recovered shall be payable to the individual employees who experienced the violation.History: Laws 2021, ch. 131, § 11. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 11 effective July 1, 2022.
NM Stat § 50-17-12 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 17 - Healthy Workplaces|Section 50-17-12 - Other legal requirements. (Effective July 1, 2022.)

The Healthy Workplaces Act provides minimum requirements pertaining to earned sick leave and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard, including collective bargaining agreements, that provides for greater accrual or use by employees of earned sick leave, whether paid or unpaid, or that extends other protections to employees.History: Laws 2021, ch. 131, § 12. ANNOTATIONSEffective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 12 effective July 1, 2022.
NM Stat § 51-1-2 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-2 - Definitions.

As used in the Unemployment Compensation Law: A. "department" means the workforce solutions department; B. "division" means the workforce transition services division of the department, the director of the division or an employee of the division exercising authority lawfully delegated to the employee by the director; and C. "secretary" means the secretary of workforce solutions or an employee of the department exercising authority lawfully delegated to the employee by the secretary. History: 1978 Comp., § 51-1-2, enacted by Laws 1979, ch. 280, § 11; 1991, ch. 122, § 1; 2001, ch. 249, § 1; 2007, ch. 200, § 22. ANNOTATIONSRepeals and reenactments. — Laws 1979, ch. 280, § 11, repealed former 51-1-2 NMSA 1978, relating to definitions of "commission" and "executive director," and enacted a new section. The 2007 amendment, effective July 1, 2007, added references to the workforce solutions department, workforce transition services division, and the secretary of workforce solutions. The 2001 amendment, effective June 15, 2001, inserted "the director of the division or an employee of the division exercising authority lawfully delegated to the employee by the director" in Subsection B; and inserted "or an employee of the department exercising authority lawfully delegated to the employee by the secretary" in Subsection C. The 1991 amendment, effective April 3, 1991, substituted "labor department" for "employment security department" in Subsection A; inserted present Subsection B; redesignated former Subsection B as present Subsection C and substituted "labor" for "employment security" therein; and made a related stylistic change.
NM Stat § 51-1-6 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-6 - Periods of time not counted in determining eligibility for unemployment compensation.

Any person who has had a continuous period of sickness or injury for which he received benefits under the Workmen's [Workers'] Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] and who, in fact, has been unavailable for employment within the meaning of the Unemployment Compensation Law [Chapter 51 NMSA 1978] shall be entitled, if he was eligible before the sickness or injury occurred, to apply for and receive such unemployment compensation benefits as he would have been eligible to receive if he had been involuntarily separated from work at the time of the occurrence of the sickness or injury. The right to unemployment compensation benefits shall not be preserved under this section unless a claim for benefits is filed with respect to a week that is not later than the fourth calendar week after the termination of the continuous period of compensated sickness or injury, and unless such week is within the thirty-six month period that follows the date of the commencement of the continuous period of sickness or injury. In the event that any person has received a lump-sum award in settlement of his claim under the Workmen's [Workers'] Compensation Act or the New Mexico Occupational Disease Disablement Law, that person's continuous period of sickness or injury shall be deemed to have terminated, and he must file his claim for unemployment benefits within four weeks after the award or settlement. History: 1953 Comp., § 59-9-4.1, enacted by Laws 1969, ch. 214, § 1; 1985, ch. 31, § 2. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Laws 1987, ch. 235, § 1 renamed the "Workmen's Compensation Act" as the "Workers' Compensation Act". Claim barred if not filed within four weeks. — Claim was barred by this section where claimant did not file for benefits within four weeks of receiving lump sum settlement, where claimant failed to meet his burden of proving that a lump sum settlement that he received was for partial disability extending into future and that the four-week provision would, thus, not bar his claim. Santiago v. New Mexico Emp't Sec. Dep't, 1984-NMCA-065, 101 N.M. 387, 683 P.2d 69. Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation § 35. Discharge for absenteeism or tardiness as affecting right to unemployment compensation, 58 A.L.R.3d 674. 81 C.J.S. Social Security and Public Welfare § 160.
NM Stat § 51-1-8.1 (2021)
2021 New Mexico Statutes|Chapter 51 - Unemployment Compensation|Article 1 - Unemployment Compensation|Section 51-1-8.1 - Voluntary withholding of federal income tax.

A. Every individual filing a new claim for unemployment compensation shall, at the time of filing such claim, be advised in writing that: (1) unemployment compensation is subject to federal, state and local income tax; (2) requirements exist pertaining to estimated tax payments; (3) the individual may elect to have federal income tax deducted and withheld from the individual's unemployment compensation payments at the amount specified in the Internal Revenue Code of 1986; and (4) the individual is permitted to change a previously elected withholding status one time during each benefit year. B. Amounts deducted and withheld from unemployment compensation shall remain in the fund until transferred to the federal internal revenue service. C. The division shall follow all procedures specified by the United States department of labor and the federal internal revenue service pertaining to the deducting and withholding of income tax. D. Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations or any other amounts required to be deducted and withheld under the Unemployment Compensation Law. E. The provisions of this section apply to unemployment compensation payments made after December 31, 1996. History: Laws 1996, ch. 33, § 2. ANNOTATIONSCross references. — For the Internal Revenue Code, see 26 U.S.C. § 1 et seq..