reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-12 - Cooperation with federal government; agency designation.

A. The office may cooperate with the federal government in the administration of employment training and public assistance programs in which financial or other participation by the federal government is authorized or mandated under federal laws, rules or orders.
B. The office, on behalf of the governor, may enter into agreements with agencies of the federal government to implement employment training and public assistance programs subject to availability of appropriated state funds and any provisions of state laws applicable to the agreements or participation by the state.
C. The governor may designate the office or any agency as the single state agency for the administration of an employment training program, either by the governor's own discretion or when the designation is a condition of federal financial or other participation in the program under applicable federal law, rule or order; provided, however, that no designation of a single state agency under the authority granted in this section shall be made in contravention of state law.
History:
Laws 2005, ch. 111, § 13.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Effective dates.
— Laws 2005, ch. 111, 26 made Laws 2005, ch. 111, § 13 effective April 4, 2005.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-13 - Agency cooperation.

Notwithstanding any other provision of law, all agencies, institutions and political subdivisions of the state that administer employment training or public assistance programs shall, consistent with state and federal statutes, cooperate with the office in the exercise of its coordination and inspection authority.
History:
Laws 2005, ch. 111, § 14.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Effective dates.
— Laws 2005, ch. 111, 26 made Laws 2005, ch. 111, § 14 effective April 4, 2005.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-14 - Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts.

On the effective date of this act:
A. all staff positions and all money, appropriations, records, furniture, equipment, supplies and other property belonging to the labor department or the job training division on the effective date of this act and funded or purchased by federal Workforce Investment Act of 1998 grants are transferred to the office of workforce training and development. The labor department shall produce an accounting of all staff positions funded and property purchased in any part by such grants. For those staff positions and items of property that the grants partially funded or purchased, the labor department shall transfer sufficient full-time-equivalent positions, money or property of sufficient value to the office of workforce training and development to achieve a complete transition to the office of workforce training and development;
B. all existing contracts, agreements and other obligations in effect for the labor department or the job training division and funded by federal Workforce Investment Act of 1998 grants shall be binding on the office of workforce training and development;
C. all pending cases, legal actions, appeals and other legal proceedings and all pending administrative proceedings that involve the labor department or the job training division and arise out of administration or enforcement of the federal Workforce Investment Act of 1998 or the Workforce Development Act shall be unaffected and shall continue in the name of the office of workforce training and development;
D. all rules, orders and other official acts of the labor department or the job training division arising out of the administration and enforcement of the federal Job Training Partnership Act, the federal Workforce Investment Act of 1998 and the Workforce Development Act shall continue in effect until amended, replaced or repealed by the office of workforce training and development; and
E. all references in law, rules, orders and other official acts to the labor department or the job training division and related to the administration and enforcement of the federal Workforce Investment Act of 1998 or the Workforce Development Act shall be construed to be references to the office of workforce training and development.
History:
Laws 2005, ch. 111, § 22.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Effective dates.
— Laws 2005, ch. 111, 26 made Laws 2005, ch. 111, § 22 effective April 4, 2005.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-15 - Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts for the Individual Development Account Act.

A. On July 1, 2005, all staff positions and all money, appropriations, records, furniture, equipment, supplies and other property of the local government division of the department of finance and administration used to administer the Individual Development Account Act [Chapter 58, Article 30 NMSA 1978] are transferred to the office of workforce training and development. All federal program grants and fund allocations or other payments made to the local government division for the Individual Development Account Act shall be transferred to the office of workforce training and development and shall not be commingled with other funds of the office or be used for any other purpose except for administration of the programs for which these funds were granted.
B. All existing contracts and agreements in effect pertaining to the local government division of the department of finance and administration's administration of the Individual Development Account Act shall be binding and effective on the office of workforce training and development.
C. The rules, orders and decisions of the local government division of the department of finance and administration pertaining to the Individual Development Account Act in effect on June 30, 2005 shall remain in effect until repealed or amended.
History:
Laws 2005, ch. 111, § 23.
ANNOTATIONS
Repeals.
— Section 50-14-16 NMSA 1978 provided for the delayed repeal of the Workforce Development Act, effective July 1, 2012. Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, effective July 1, 2007.
Effective dates.
— Laws 2005, ch. 111, 26 made Laws 2005, ch. 111, § 23 effective April 4, 2005.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14 - Workforce Development › Section 50-14-16 - Repealed.

History:
Laws 2005, ch. 111, § 25; repealed by Laws 2007, ch. 200, § 24.
ANNOTATIONS
Repeals.
— Laws 2007, ch. 200, § 24 repealed 50-14-16 NMSA 1978, as enacted by Laws 2005, ch. 111, § 25, relating to the delayed repeal of the Workforce Development Act, effective July 1, 2007. For provisions of former section,
see
the 2006 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-1 - Short title. (Repealed effective July 1, 2024.)

This act [50-14A-1 to 50-14A-7 NMSA 1978] may be cited as the "Rapid Workforce Development Act".
History:
Laws 2016, ch. 23, § 1.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
Delayed repeals.
— For delayed repeal of this section,
see
50-14A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-2 - Purpose. (Repealed effective July 1, 2024.)

The purpose of the Rapid Workforce Development Act is to provide resources to quickly establish or expand programs in the state's institutions of higher education to train and educate New Mexico's workers for employment with:
A. existing New Mexico employers that expand their workforce; and
B. employers that establish operation in New Mexico and create new jobs for New Mexicans.
History:
Laws 2016, ch. 23, § 2.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
Delayed repeals.
— For delayed repeal of this section,
see
50-14A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-3 - Definitions. (Repealed effective July 1, 2024.)

As used in the Rapid Workforce Development Act:
A. "board" means the rapid workforce development board;
B. "employer" means an individual, corporation, federally chartered corporation, limited liability company, partnership, nonprofit organization, joint venture, syndicate, association or Indian nation, tribe or pueblo that:
(1) currently transacts business in New Mexico and wishes to increase the number of people that it employs; or
(2) has chosen New Mexico as a location in which it will transact business and hire employees;
C. "fund" means the rapid workforce development fund;
D. "member" means a member of the board; and
E. "workforce" means those people who are currently engaged in or trained for employment.
History:
Laws 2016, ch. 23, § 3.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
Delayed repeals.
— For delayed repeal of this section,
see
50-14A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-4 - Rapid workforce development board created; membership. (Repealed effective July 1, 2024.)

The "rapid workforce development board" is created. The board is administratively attached to the economic development department and consists of the:
A. secretary of economic development or the secretary's designee;
B. secretary of higher education or the secretary's designee; and
C. secretary of workforce solutions or the secretary's designee.
History:
Laws 2016, ch. 23, § 4.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
Delayed repeals.
— For delayed repeal of this section,
see
50-14A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-5 - Rapid workforce development fund created. (Repealed effective July 1, 2024.)

The "rapid workforce development fund" is created in the state treasury. The fund consists of appropriations and money otherwise accruing to the fund. Money in the fund is subject to appropriation by the legislature to the economic development department for use as provided in Section 6 [50-14A-6 NMSA 1978] of the Rapid Workforce Development Act. Money in the fund shall be disbursed on warrants signed by the secretary of finance and administration pursuant to vouchers signed by the secretary of economic development or the secretary's authorized representative. Any balance remaining in the fund at the end of a fiscal year shall not revert to the general fund.
History:
Laws 2016, ch. 23, § 5.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
Delayed repeals.
— For delayed repeal of this section,
see
50-14A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-6 - Board member powers and duties. (Repealed effective July 1, 2024.)

A. Members are entitled to be reimbursed pursuant to the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978] and shall receive no other compensation, perquisite or allowance for service on the board.
B. The secretary of economic development shall:
(1) identify employers;
(2) work with an employer to determine:
(a) the number of New Mexico workers that the employer will employ when it begins to transact business in New Mexico or when it increases the number of workers it already employs in New Mexico; and
(b) the job skills, education and training those workers will require to obtain employment with the employer; and
(3) upon identification of an employer and determination of the employer's workforce needs, as provided in Paragraph (2) of this subsection, convene a meeting of the board.
C. The secretary of workforce solutions shall provide, with respect to an employer identified by the secretary of economic development:
(1) demographic information about the relevant workforce in New Mexico; and
(2) information about relevant workforce education and training opportunities that are available throughout New Mexico, including opportunities offered by or in connection with state post-secondary educational institutions.
D. The secretary of higher education shall provide, with respect to an employer's workforce needs, information about state post-secondary educational institutions through which relevant training and education could be delivered.
E. At a meeting of the board, the members shall:
(1) consider how an employer's plan to begin transacting business in New Mexico or to increase the number of people employed by the employer's New Mexico business would contribute to job creation, employment and economic development in New Mexico;
(2) consider the information provided pursuant to Subsections C and D of this section;
(3) consider whether money in the fund should be used to establish or support a program in a state post-secondary educational institution to train workers for prospective employment with the prospective employer; and
(4) upon unanimous agreement, authorize the secretary of economic development to use money in the fund to establish or support a program in a state post-secondary educational institution to train workers for prospective employment with the prospective employer.
History:
Laws 2016, ch. 23, § 6.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
Delayed repeals.
— For delayed repeal of this section,
see
50-14A-7 NMSA 1978.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 14A - Rapid Workforce Development › Section 50-14A-7 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.)

The board is terminated on July 1, 2023 pursuant to the Sunset Act. The board shall continue to operate according to the provisions of the Rapid Workforce Development Act until July 1, 2024. Effective July 1, 2024, the Rapid Workforce Development Act is repealed.
History:
Laws 2016, ch. 23, § 7.
ANNOTATIONS
Effective dates.
— Laws 2016, ch. 23, § 8 made the Rapid Workforce Development Act effective July 1, 2016.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-1 - Short title.

Sections 1 through 7 [5-15-1 to 5-15-7 NMSA 1978] of this act may be cited as the "Day Laborer Act".
History:
Laws 2005, ch. 257, § 1.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-2 - Definitions.

As used in the Day Laborer Act:
A. "check cashing service" means a business that for a fee offers to cash checks or other payment instruments or that advertises that it cashes checks or other payment instruments;
B. "day labor" means employment that is under a contract between a day labor service agency and a third-party employer, that is occasional or irregular and that is for a limited time period;
C. "day labor service agency" means an entity, including a labor broker or labor pool, that provides day laborers to third-party employers and that charges the third-party employer for the service of providing day laborers for employment offered by the employer;
D. "day laborer" means a person who contracts for day labor employment with a day labor service agency;
E. "department" means the workforce solutions department;
F. "office worker" means a person employed to perform clerical, secretarial or other semiskilled or skilled work that is predominantly performed in an office setting;
G. "payment instrument" means a paycheck, payment voucher or other negotiable instrument from an employer provided to an employee to pay for hours worked; and
H. "third-party employer" means a person that contracts with a day labor service agency for the employment of day laborers.
History:
Laws 2005, ch. 257, § 2; 2007, ch. 200, § 21.
ANNOTATIONS
The 2007 amendment,
effective July 1, 2007, changed the reference from the labor department to the workforce solutions department.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-3 - Exemptions.

The following agencies that provide employees on a short-term or otherwise temporary basis are exempted from complying with the provisions of the Day Laborer Act:
A. business entities registered as farm labor contractors;
B. temporary services employment agencies where advanced applications, a screening process and job interviews are required;
C. a labor union hiring hall; and
D. a labor bureau or employment office operated by a business entity for the sole purpose of employing a person for its own use.
History:
Laws 2005, ch. 257, § 3.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-4 - Day labor service agency; third-party employer; duties.

A. A day labor service agency shall compensate day laborers for work performed by providing or making available commonly accepted payment instruments that are payable in cash, on demand, at a financial institution.
B. At the time of payment of wages, a day labor service agency shall provide each day laborer with an itemized statement showing in detail each deduction made from wages.
C. In no event shall deductions made by a day labor service agency, other than those required by federal or state law, reduce a day laborer's wages below federal minimum wage for the hours worked.
D. A day labor service agency shall not restrict the right of a day laborer to accept a permanent position with a third-party employer to whom the day laborer has been referred for work or restrict the right of a third-party employer to offer employment to a day laborer.
E. A day labor service agency may collect a reasonable placement fee from a third-party employer.
History:
Laws 2005, ch. 257, § 4.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-5 - Check cashing; notice of fees.

A. A check cashing service that is a day labor service agency or is operating within the office of a day labor service agency shall not charge a day laborer an amount in excess of two dollars ($2.00) for cashing a check or payment instrument that is issued by the agency.
B. No fees may be charged for cashing a check or payment instrument unless the day laborer:
(1) is given the option of being paid with a check or payment instrument that is payable without a fee at a local financial institution; and
(2) voluntarily elects to cash the check or payment instrument at the day labor service agency or at a check cashing service operating within the office of the day labor service agency.
C. A day labor service agency or a check cashing service that is a day labor service agency or is operating within the office of a day labor service agency shall post notices in the area where cashing of checks or payment instruments occurs. The notices shall be clearly visible and easily readable and shall state the fee for cashing a check or payment instrument. Notices shall be posted in English, Spanish and any other written language where a high percentage of the workers speak that language. In areas where the day labor service agency employs Navajo workers and the check cashing service cashes checks of Navajo workers, notice shall be posted in Navajo.
History:
Laws 2005, ch. 257, § 5.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-6 - Payment for all work required; records; enforcement.

A. A day labor service agency shall pay a day laborer for all hours worked or otherwise due and owed to the day laborer. Failure to pay for each day and all hours worked is a violation of the Day Laborer Act. A person who fails to pay a day laborer for work performed or time due is liable for full payment of the wages not paid and civil damages equal to twice the value of the unpaid wages, court costs and attorney fees and costs.
B. A day labor service agency shall maintain true and accurate records of the day laborers employed and of the hours worked and wages paid to the day laborers for at least one year after the entry of the record.
C. The department shall investigate complaints and enforce the provisions of the Day Laborer Act.
D. The department shall adopt rules necessary to implement the Day Laborer Act.
History:
Laws 2005, ch. 257, § 6.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 15 - Day Laborer › Section 50-15-7 - Violations; misdemeanor; penalties.

A. A person who violates the provisions of the Day Laborer Act:
(1) on a first offense, is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978; and
(2) for a second and subsequent offense, is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978 and shall be fined no less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) for each offense for which the person is convicted, which fine shall not be suspended, deferred or taken under advisement.
B. In addition to any other fees or fines that may be imposed on an offender convicted pursuant to this section, the court may order the offender to pay restitution pursuant to Section 31-17-1 NMSA 1978.
C. Each occurrence of a violation for which a person is convicted is a separate offense. Multiple violations arising from transactions with the same person or multiple violations arising from transactions with different people shall be considered separate occurrences.
History:
Laws 2005, ch. 257, § 7.
ANNOTATIONS
Effective dates.
— Laws 2005, ch. 257 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 17, 2005, 90 days after adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 16 - Caregiver Leave › Section 50-16-1 - Short title.

Sections 1 through 4 [50-16-1 to 50-16-4 NMSA 1978] of this act may be cited as the "Caregiver Leave Act".
History:
Laws 2019, ch. 177, § 1.
ANNOTATIONS
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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 16 - Caregiver Leave › Section 50-16-2 - Definitions.

As used in the Caregiver Leave Act:
A. "eligible employee" means, except as provided pursuant to Section 4 of the Caregiver Leave Act, an individual who is in the employ of an employer and who, in accordance with the employer's policies, is eligible to accrue sick leave;
B. "employer" means a person that employs one or more employees and that offers eligible employees sick leave;
C. "family member" means an individual who is the spouse or domestic partner of or is by blood, marriage or legal adoption a parent, grandparent, great-grandparent, child, foster child, grandchild, great-grandchild, brother, sister, niece, nephew, aunt or uncle of an eligible employee; and
D. "sick leave" means a leave of absence from employment for which an employer pays an eligible employee due to illness or injury or to receive care from a licensed or certified health professional. "Sick leave" does not include leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993, regardless of whether the employee uses sick leave during that leave.
History:
Laws 2019, ch. 177, § 2.
ANNOTATIONS
Cross references.
— For the federal Family and Medical Leave Act of 1993,
see
29 U.S.C. §§ 2601 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.
2023 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.
ANNOTATIONS
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.
2023 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.
ANNOTATIONS
Cross 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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-1 - Short title.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 1 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-4 - More generous earned sick leave policy.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 4 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-5 - Documentation.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 5 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-6 - Notice and posting requirements.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 6 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-7 - Employer shall retain documentation.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 7 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-8 - Exercise of rights protected; retaliation prohibited.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 8 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-9 - Enforcement.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 9 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-10 - Civil actions; time limits; burdens of proof.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 10 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-11 - Employer liability.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 11 effective July 1, 2022.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 17 - Healthy Workplaces › Section 50-17-12 - Other legal requirements.

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.
ANNOTATIONS
Effective dates.
— Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 12 effective July 1, 2022.
2023 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.
ANNOTATIONS
Repeals 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.
2023 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.
ANNOTATIONS
Bracketed 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.