reglab/housing_qa huggingface dataset:
NM Stat § 50-4-13 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-13 - [Hours of employment; eating establishments.]

Any person or persons, firm, association or corporation, owning any hotel, restaurant, cafe or eating house within this state, shall not be allowed to cause any male employee therein to labor more than ten hours in any twenty-four hours of any one day, nor more than seventy hours in any one week of seven days. The hours of labor may be so arraigned [arranged] so as to permit the employment of any male employee so engaged at any time so that they shall not work more than ten hours in any twenty-four hours of any one day, nor more than seventy hours in any one week of seven days. History: Laws 1933, ch. 149, § 3; 1941 Comp., § 57-314; 1953 Comp., § 59-3-14. ANNOTATIONSCross references. — For maximum hours for females, see 50-5-1 NMSA 1978 et seq. For maximum hours for children under fourteen, see 50-6-3 NMSA 1978. For equal rights amendment, see N.M. Const., art. II, § 18. Bracketed material. — The bracketed material in the section was inserted by the compiler. It was not enacted by the legislature, and it is not a part of the law. Constitutionality of former sections. — The first two sections of this act (Laws 1933, ch. 149, §§ 1, 2), relating to employment of males for not more than eight of 24 hours and for not more than 48 hours of a six day week, were declared unconstitutional in State v. Henry, 1933-NMSC-080, 37 N.M. 536, 25 P.2d 204. Prior compilers retained Laws 1933, ch. 149, §§ 3 to 8, in spite of the holding that Laws 1933, ch. 149, §§ 1 and 2, are unconstitutional, since there has been a shift of opinion in this country on the question whether such statutes violate the freedom to contract guaranteed by the due process clause; Laws 1933, ch. 149, §§ 3 to 8, are compiled as Sections 50-4-13 to 50-4-18 NMSA 1978). This section applies to any and all employees of a hotel, including bellboys, desk clerks, chamber maids, etc. 1953 Op. Att'y Gen. No. 53-5704. Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4422. Necessity in indictment charging violation of statute regarding wages or hours of labor of naming particular employees, 81 A.L.R. 76. Constitutionality of statute limiting hours of labor in private industry, 90 A.L.R. 814. Waiver or loss of statutory right to minimum wage or benefit of regulation as to hours of labor, 102 A.L.R. 842, 129 A.L.R. 1145. 51B C.J.S. Labor Relations §§ 1192 to 1203.
NM Stat § 50-4-14 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-14 - [Emergency cases; hours permitted; rate for excessive hours.]

Nothing in Section 3 [50-4-13 NMSA 1978] of this act, shall be construed so as to prevent work in excess of ten hours per day in emergency cases; provided that in no one week of seven days shall there be permitted more than seventy-four hours of labor, and provided that work in excess of seventy hours of labor in any one week of seven days, shall be paid for on the basis of time and one-half for such excess. History: Laws 1933, ch. 149, § 4; 1941 Comp., § 57-315; 1953 Comp., § 59-3-15. ANNOTATIONSCross references. — For time-and-a-half for more than 40 hours under the Minimum Wage Act, see 50-4-22 NMSA 1978. For time-and-a-half for females for more than 40 hours, see 50-5-1 NMSA 1978. For time-and-a-half for females for more than 48 hours, see 50-5-7 NMSA 1978. For time-and-a-half for more than 56 hours for female transportation company employees, see 50-5-14 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4260 et seq. 51B C.J.S. Labor Relations § 1206.
NM Stat § 50-4-15 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-15 - [Uniform time for beginning work; notice of change.]

The beginning of the day of labor shall be uniform as provided for by the rules or regulations governing to [the] place of employment; provided, however, that in case any change in the time of the beginning of the day of labor is desired, it shall be the duty of the management of such an establishment, to notify such employee of such change, on the day prior to such change contemplated, said notice shall be served during the working day. History: Laws 1933, ch. 149, § 5; 1941 Comp., § 57-316; 1953 Comp., § 59-3-16. ANNOTATIONSCross references. — For uniform time for beginning work for females, see 50-5-3 NMSA 1978.
NM Stat § 50-4-16 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-16 - [Time records; inspection.]

Every employer to whom this act [50-4-13 to 50-4-18 NMSA 1978] applies shall be required to keep a time record showing the number of hours each male employee worked each day. Such record shall be open at all reasonable hours to the inspection of the state labor commissioner [director of the labor and industrial division], his agents or agent, record of which is required to be kept as herein provided for. History: Laws 1933, ch. 149, § 6; 1941 Comp., § 57-317; 1953 Comp., § 59-3-17. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler and it is not part of the law. Compiler's notes. — Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor". Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department". Cross references. — For time records and inspection thereof for women employees, see 50-5-8, 50-5-17 NMSA 1978. This section applies to any and all employees of a hotel, including bellboys, desk clerks, chambermaids, etc. 1953 Op. Att'y Gen. No. 53-5704.
NM Stat § 50-4-17 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-17 - [Failure to keep record or comply with act; penalty.]

The failure of any employer [any employer who fails] to keep such a record, or [makes] any false entry therein, or the failure [fails] to comply with the provisions of this act [50-4-13 to 50-4-18 NMSA 1978], shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than seventy-five dollars [($75.00)], or more than three hundred dollars [($300)] for each offense. History: Laws 1933, ch. 149, § 7; 1941 Comp., § 57-318; 1953 Comp., § 59-3-18. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler and it is not part of the law.
NM Stat § 50-4-18 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-18 - [Disposition of fines.]

All fines collected for violation of this act [50-4-13 to 50-4-18 NMSA 1978] shall be deposited with the state treasurer, and be covered in the free textbook fund. History: Laws 1933, ch. 149, § 8; 1941 Comp., § 57-319; 1953 Comp., § 59-3-19. ANNOTATIONS
NM Stat § 50-4-19 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-19 - Declaration of state public policy.

It is declared to be the policy of this act (1) to establish minimum wage and overtime compensation standards for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage and overtime compensation standards which are adequate to maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hours standards which do not provide adequate standards of living. History: 1953 Comp., § 59-3-20, enacted by Laws 1955, ch. 200, § 1. ANNOTATIONSCompiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26, 50-4-28, 50-4-29 NMSA 1978. Cross references. — For minimum wages on public works, see 13-4-11 to 13-4-17 NMSA 1978. Act not preempted by federal law or collective bargaining agreement. — New Mexico Minimum Wage Act (Section 50-4-19 NMSA 1978 et seq.) claims brought by union workers covered by a collective bargaining agreement were not preempted by Section 301 of the Labor Management Act, 29 U.S.C. § 185 and were not preempted by the remedies provided by the agreement; the claims were based on non-negotiable state law rights which could be resolved independently of the labor agreement. Self v. UPS, 1998-NMSC-046, 126 N.M. 396, 970 P.2d 582. Minimum wage ordinance. — Minimum wage ordinance enacted by City of Santa Fe is within the power of the city to enact and is constitutional. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149. A home rule municipality may set a minimum wage higher than that required by the state Minimum Wage Act because of the independent powers possessed by municipalities in New Mexico and the absence of any conflict with state law. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149. Act permits home rule ordinances. — Municipal power to set minimum wage higher than that of Minimum Wage Act is not "expressly denied by general law" within the meaning of the home rule amendment. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
NM Stat § 50-4-20 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-20 - Short title.

Sections 50-4-19 through 50-4-30 NMSA 1978 may be cited as the "Minimum Wage Act". History: 1953 Comp., § 59-3-20.1, enacted by Laws 1963, ch. 227, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Who is employed in "executive capacity" within exemption, under 29 USCS § 213(a)(1), from minimum wage and maximum hours provisions of Fair Labor Standards Act (29 USCS § 201 et seq.), 131 A.L.R. Fed. 1 What constitutes "preschool" for purposes of § 3(s)(1)(b) of Fair Labor Standards Act (29 USCS § 203(s)(1)(b)), providing that preschools are subject to wage and hour provisions of act, 131 A.L.R. Fed. 207. 51B C.J.S. Labor Relations § 1017 et seq.
NM Stat § 50-4-22.1 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-22.1 - Temporary state preemption; saving clause.

A. Except as provided in Subsection B of this section, cities, counties, home rule municipalities and other political subdivisions of the state shall not adopt or continue in effect any law or ordinance that would mandate a minimum wage rate higher than that set forth in the Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978]. The provisions of this subsection expire on January 1, 2010. B. A local law or ordinance, whether advisory or self-executing, in effect on January 1, 2007 that provides for a higher minimum wage rate than that set forth in the Minimum Wage Act shall continue in full force and effect until repealed. History: Laws 2007, ch. 47, § 3. ANNOTATIONSEffective dates. — Laws 2007, ch. 47, § 4 made Laws 2007, ch. 47, § 3 effective January 1, 2008.
NM Stat § 50-4-25 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-25 - Posting of summary of the act.

Every employer subject to the Minimum Wage Act [50-4-19 to 5-4-30 NMSA 1978] shall keep a summary of it, furnished by the labor commissioner [director of the labor and industrial division] without charge, posted in a conspicuous place on or about the premises wherein any person subject to the Minimum Wage Act is employed, and the summary shall clearly and conspicuously set forth the current minimum wage. History: 1953 Comp., § 59-3-23, enacted by Laws 1955, ch. 200, § 4; 1967, ch. 188, § 3; 1969, ch. 88, § 1. ANNOTATIONSBracketed material. — The bracketed material in this section was inserted by the compiler and it is not part of the law.
NM Stat § 50-4-26.1 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-26.1 - Retaliation prohibited.

It is a violation of the Minimum Wage Act [50-4-19 to 5-4-30 NMSA 1978] for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against a person in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Minimum Wage Act or assisting another person to do so or for informing another person about employment rights or other rights provided by law. History: Laws 2009, ch. 104, § 3. ANNOTATIONSEffective dates. — Laws 2009, ch. 104 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 50-4-27 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-27 - Authority of labor commissioner [director of the labor and industrial division] to promulgate rules; hearing on rules; notice; publication.

The state labor commissioner [director of the labor and industrial division] shall have the authority to promulgate and issue rules and regulations necessary to administer and accomplish the purposes of the Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978]. Such rules and regulations shall be adopted after notice and public hearing. A copy of the notice of hearing together with a copy of the proposed regulations shall be filed with the librarian of the supreme court library at least twenty days prior to the hearing. In addition, a copy of the notice of hearing shall be sent to all known interested persons. Any interested person shall have the right to appear and present evidence. History: 1953 Comp., § 59-3-24.1, enacted by Laws 1967, ch. 188, § 5. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and it is not part of the law. Compiler's notes. — Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor". Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department." Cross references. — For the State Rules Act, see Chapter 14, Article 4 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 152 et seq. 73 C.J.S. Public Administrative Law and Procedure § 87 et seq.
NM Stat § 50-4-28 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-28 - Right of collective bargaining.

Nothing in this act shall be deemed to interfere with, impede or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of this act. History: 1953 Comp., § 59-3-25, enacted by Laws 1955, ch. 200, § 6. ANNOTATIONSCompiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26, 50-4-28, 50-4-29 NMSA 1978. Application of the federal Labor Management Relations Act. — Where defendant terminated plaintiff's employment because plaintiff, who was a produce manager in one of defendant's grocery stores, was engaged in union-organizing activities at the store and plaintiff's claims did not originate in a collective bargaining agreement, plaintiff's claims were not preempted by Section 301 of the Labor Management Relations Act, 29 U.S.C. § 185(a) (2000). Humphries v. Pay and Save, Inc., 2011-NMCA-035, 150 N.M. 444, 261 P.3d 592. Claims preempted under the federal National Labor Relations Act. — Where defendant terminated plaintiff's employment because plaintiff, who was a produce manager in one of defendant's grocery stores, was engaged in union-organizing activities at the store, plaintiff's claims, whether plaintiff was an employee or a supervisor, were preempted by Sections 7 and 8 of the federal National Labor Relations Act, 29 U.S.C. §§ 157 and 158. Humphries v. Pay and Save, Inc., 2011-NMCA-035, 150 N.M. 444, 261 P.3d 592. Am. Jur. 2d, A.L.R. and C.J.S. references. — Failure to pursue or exhaust remedies under union contract as affecting employee's right of state civil action for retaliatory discharge, 32 A.L.R.4th 350. Collective bargaining agreement as restricting right to engage in concerted activities, other than striking or picketing, under § 7 of National Labor Relations Act (29 USCS § 157), 69 A.L.R. Fed. 812. Employer's duty to furnish wage information to employees' representative under National Labor Relations Act, 112 A.L.R. Fed. 81. Reasonableness of qualifications for union office under § 401(c) of Labor-Management Reporting and Disclosure Act (29 USCA § 481(c)), 147 A.L.R. Fed. 389.
NM Stat § 50-4-29 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-29 - Relation to other laws.

Any standards relating to minimum wage, maximum hour or other working conditions in effect at the date of the passage of this act by or under any other law of this state, which are more favorable to employees than those applicable to such employees under this act, shall not be deemed to be amended, rescinded or otherwise affected by this act but shall continue in full force and effect. History: 1953 Comp., § 59-3-26, enacted by Laws 1955, ch. 200, § 7. ANNOTATIONSCompiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26, 50-4-28, 50-4-29 NMSA 1978. Act permits home rule ordinances. — In passing the Minimum Wage Act, the legislature allowed any existing local minimum wage ordinances that were more favorable to employees to stay in effect. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
NM Stat § 50-4-30 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-30 - Daily maximum hours of employment; exceptions.

A. No employee other than a fireman, law enforcement officer or farm or ranch hand whose duties require them to work longer hours, or employees primarily in a stand-by position, shall be required to work for any employer within the state more than sixteen hours in any one day of twenty-four hours except in emergency situations. B. Any person violating any of the provisions of this act [section] shall be guilty of a misdemeanor. History: 1953 Comp., § 59-3-27, enacted by Laws 1971, ch. 169, § 1. ANNOTATIONSCross references. — For maximum hours of employment for females, see 50-5-1 to 50-5-17 NMSA 1978. For eight-hour day in public employment, see N.M. Const., art. XX, § 19. Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4191 et seq. What employers are within "hours of labor" statutes, 16 A.L.R. 537. Constitutionality of statutes limiting hours of labor in private industry, 90 A.L.R. 814. 51B C.J.S. Labor Relations §§ 1186 to 1209.
NM Stat § 50-4-31 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-31 - Minimum length of hoe handles.

A. An employer of agricultural laborers shall not require an employee to use a hoe that has a handle shorter than four feet while performing agricultural labor that includes weeding, thinning or hot-capping in a stooped, kneeling or squatting position for a commercial farming operation. B. An employer who violates Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. C. This section does not apply to an employer engaged in the operation of a greenhouse or nursery. History: Laws 1999, ch. 235, § 1. ANNOTATIONSEffective dates. — Laws 1999, ch. 235 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective on June 18, 1999, 90 days after adjournment of the legislature.
NM Stat § 50-4-32 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-32 - Continuing course of conduct.

A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 may encompass all violations that occurred as part of a continuing course of conduct regardless of the date on which they occurred. History: Laws 2009, ch. 104, § 2. ANNOTATIONSEffective dates. — Laws 2009, ch. 104 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 19, 2009, 90 days after the adjournment of the legislature.
NM Stat § 50-4-34 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 4 - Labor Conditions; Payment of Wages|Section 50-4-34 - Request for access to social networking account prohibited.

A. It is unlawful for an employer to request or require a prospective employee to provide a password in order to gain access to the prospective employee's account or profile on a social networking web site or to demand access in any manner to a prospective employee's account or profile on a social networking web site. B. Nothing in this section shall limit an employer's right to: (1) have policies regarding work place internet use, social networking site use and electronic mail use; and (2) monitor usage of the employer's electronic equipment and the employer's electronic mail without requesting or requiring a prospective employee to provide a password in order to gain access to the prospective employee's account or profile on a social networking web site. C. Nothing in this section shall prohibit an employer from obtaining information about a prospective employee that is in the public domain. D. Nothing in this section shall apply to a federal, state or local law enforcement agency. Nothing in this section shall prohibit federal, state or local government agencies or departments from conducting background checks as required by law. E. As used in this section, "social networking web site" means an internet-based service that allows individuals to: (1) construct a public or semi-public profile within a bounded system created by the service; (2) create a list of other users with whom they share a connection within the system; and (3) view and navigate their list of connections and those made by others within the system. History: Laws 2013, ch. 222, § 1. ANNOTATIONSEffective dates. — Laws 2013, ch. 222 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.