reglab/statecodes huggingface dataset:
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-7 - Unconditional payment of wages conceded to be due.

In case of dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the times fixed by this act [50-4-1 to 50-4-12 NMSA 1978]. The acceptance by the employee of any payment so made, shall not constitute a release as to the balance of his claim. The provisions of Section 4 [50-4-4 NMSA 1978] shall not be applicable in cases arising under this section, except as herein provided.
History:
Laws 1937, ch. 109, § 7; 1941 Comp., § 57-307; 1953 Comp., § 59-3-7.
ANNOTATIONS
Failure to comply with statutory conditions.
— An employer failed to comply with statutory conditions since it did not pay the amount conceded to be due employees within the times required by Section 50-4-4 NMSA and since it could not show that it gave written notice of the amount conceded to be due as required by this section; giving a payroll check to the employees for undisputed wages did not satisfy the latter requirement.
Wolf v. Sam's Town Furniture Co.
, 1995-NMCA-114, 120 N.M. 603, 904 P.2d 52.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48A Am. Jur. 2d Labor and Labor Relations § 4196 et seq.
Validity, construction, and effect of state laws requiring payment of wages on discharge of employee immediately or within specified period, 18 A.L.R.5th 577.
Reexhaustion of arbitration procedure as appropriate course for resolving backpay issues arising as a result of resolution of grievance, 59 A.L.R. Fed. 501.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-8 - Duties of the labor commissioner [director]

A. It is the duty of the labor commissioner [director] to investigate any violations of Sections 50-4-1 through 50-4-12 NMSA 1978 and to institute or cause to be instituted actions for the enforcement of the same. The labor commissioner [director] may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer whenever, in the opinion of the labor commissioner [director], the claim is just and valid.
B. It is the duty of all district attorneys to prosecute all cases, both civilly and criminally, which are referred to them by the labor commissioner.
C. It shall not be a defense to any action brought pursuant to this section that the plaintiff or complainant is an undocumented worker. It is not intended by this section to create any right to collect unemployment compensation nor to mandate any wage rate.
History:
Laws 1937, ch. 109, § 8; 1941 Comp., § 57-308; 1953 Comp., § 59-3-8; Laws 1983, ch. 157, § 1.
ANNOTATIONS
Bracketed 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".
Appealability of wage claim determination.
— A party who is involved in a wage claim determination by the labor commissioner (now director of the labor and industrial division) may not appeal that determination directly to the court of appeals.
E. Indem. Co. v. Heller
, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.
Once the statutory provisions for enforcement of wage claims are invoked through proceedings in the district court (this section and Section 50-1-3 NMSA 1978) claimants may appeal the district court's decision pursuant to Rule 3, N.M.R. App. P. (Civ.) (now Rule 12-201 NMRA).
E. Indem. Co. v. Heller
, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.
Appeal authorized by 12-8-16 NMSA 1978 does not allow appeals from determinations of the labor commissioner (now director of the labor and industrial division), since the Administrative Procedures Act (Sections 12-8-1 to 12-8-25 NMSA 1978) applies only to agencies made subject to the act "by agency rule or regulation if permitted by law", or which is specifically placed by law under the act.
E. Indem. Co. v. Heller
, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48A Am. Jur. 2d Labor and Labor Relations § 4188 et seq.
51 C.J.S. Labor and Labor Relations § 16.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-10 - Forfeiture and penalties.

A. An employer who violates or fails to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and upon conviction for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
B. A person who is convicted of a second or subsequent offense of violating or failing to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 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.
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.
D. In case the employer is a corporation, the fine provided in this section shall be assessed against the corporation as a penalty.
History:
Laws 1937, ch. 109, § 11; 1941 Comp., § 57-311; 1953 Comp., § 59-3-11; 2005, ch. 257, § 8.
ANNOTATIONS
The 2005 amendment,
effective June 17, 2005, provided in Subsection A that a person who violates or fails to comply with Sections 50-4-1 through 50-4-12 NMSA 1978 for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978; deleted the former provision, which specified the punishment for a violation of the act to be a fine of between $25 and $50 for each separate offense or imprisonment of between ten days and ninety days, or both; added Subsection B to provide the punishment of a second or subsequent offense of the act; and added Subsection C to provide that each violation is a separate offense and that multiple violations shall be considered separate occurrences.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-11 - [Wage claims and liens to secure claims; assignment to director of the labor and industrial division for collection.]

The labor commissioner [director of the labor and industrial division] shall have power and authority to take assignments of wage claims, of employees against employers, and shall also have power to take assignments of liens upon real or personal property securing the claims of employees and laborers, and shall have power and authority to prosecute actions for the collection of such claims and for the foreclosure of liens of such persons securing such claims of persons, who, in the judgment of the labor commissioner [director], are entitled to the services of the labor commissioner [director], and who, in his judgment, have claims or liens or both which are valid and enforceable in the courts. In cases where the commissioner [director] has taken assignments of labor claims which are lienable under the lien laws of the state of New Mexico he shall have power to join any number of claimants in one statement of claim or lien, and in case of suit to join any number of claimants in one cause of action.
History:
Laws 1937, ch. 109, § 12; 1941 Comp., § 57-312; Laws 1945, ch. 48, § 1; 1953 Comp., § 59-3-12.
ANNOTATIONS
Bracketed 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 actions by employees under Minimum Wage Act,
see
50-4-26 NMSA 1978.
For acknowledgements for wage and salary assignments,
see
14-13-11 NMSA 1978.
For joinder of claims,
see
Rule 1-018 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. —
48A Am. Jur. 2d Labor and Labor Relations § 4494.
Assignability of statutory claim against employer for nonpayment, 48 A.L.R.2d 1385.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Cross references.
— For uniform time for beginning work for females,
see
50-5-3 NMSA 1978.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler and it is not part of the law.
2023 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
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Am. 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.
2023 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.
ANNOTATIONS
Effective dates.
— Laws 2007, ch. 47, § 4 made Laws 2007, ch. 47, § 3 effective January 1, 2008.
2023 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.
ANNOTATIONS
Bracketed material.
— The bracketed material in this section was inserted by the compiler and it is not part of the law.
2023 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 50-4-30 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Bracketed 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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Compiler'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.
2023 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.
ANNOTATIONS
Cross 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 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.
ANNOTATIONS
Effective 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.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-35 - Labor relations; union security agreements.

A. The purpose of this section is for the state to exercise the limited authority reserved to the states under Section 14(b) of the National Labor Relations Act.
B. An employer or labor organization anywhere in the state may execute and apply an agreement requiring membership in a labor organization as a condition of employment to the full extent allowed by federal law.
C. The state has exclusive jurisdiction to prohibit the negotiation, execution or application of agreements requiring membership in a labor organization as a condition of employment in New Mexico.
D. A city, county, home rule municipality or other political subdivision of the state shall not adopt nor continue in effect any ordinance, rule, regulation, resolution or statute that prohibits the negotiation, execution or application of agreements requiring membership in a labor organization as a condition of employment in New Mexico.
History:
Laws 2019, ch. 81, § 1.
ANNOTATIONS
Cross references.
— For the National Labor Relations Act,
see
29 U.S.C.
Effective dates.
— Laws 2019, ch. 81 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2019, 90 days after the adjournment of the legislature.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4 - Labor Conditions; Payment of Wages › Section 50-4-36 - Workplace sexual harassment, discrimination and retaliation claims; nondisclosure agreements and certain actions prohibited.

A. A private employer shall not, as a term of employment, require an employee to sign a nondisclosure provision of a settlement agreement relating to a claim of sexual harassment, discrimination or retaliation in the workplace brought by the employee or prevent the employee from disclosing a claim of sexual harassment, discrimination or retaliation occurring in the workplace or at a work-related event coordinated by or through the employer.
B. This section does not prohibit a settlement agreement between an employee or former employee alleging sexual harassment, discrimination or retaliation from containing confidentiality provisions. A confidentiality provision is permitted when:
(1) it relates to the monetary amount of a settlement; or
(2) at the employee's request, it prohibits disclosure of facts that could lead to the identification of the employee.
C. At the sole request of the employee, a settlement agreement subject to this section may contain a confidentiality provision that prevents the disclosure of factual information related to the underlying sexual harassment, discrimination or retaliation claim. The provisions of this subsection shall not be construed to prevent disclosure of information that is the subject of the confidentiality provision if disclosure is required to be made in a judicial, administrative or other governmental proceeding pursuant to a valid subpoena or other applicable order as otherwise required by law.
D. Except as provided in Subsections B and C of this section, a confidentiality provision in a settlement agreement subject to this section is void and unenforceable as a matter of law.
History:
Laws 2020, ch. 16, § 1.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 16 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
Applicability.
— Laws 2020, ch. 16, § 2 provided that the provisions of Laws 2020, ch. 16, § 1 apply to agreements entered into between a private employer and an employee or former employee on or after May 20, 2020.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-1 - Short title.

This act may be cited as the "Promoting Financial Independence for Victims of Domestic Abuse Act".
History:
Laws 2009, ch. 14, § 1.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 1 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-2 - Definitions.

As used in the Promoting Financial Independence for Victims of Domestic Abuse Act:
A. "domestic abuse" has the same meaning as it does in the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978];
B. "domestic abuse leave" means intermittent paid or unpaid leave time for up to fourteen days in any calendar year, taken by an employee for up to eight hours in one day, to obtain or attempt to obtain an order of protection or other judicial relief from domestic abuse or to meet with law enforcement officials, to consult with attorneys or district attorneys' victim advocates or to attend court proceedings related to the domestic abuse of an employee or an employee's family member;
C. "employee" means a person who is employed by an employer;
D. "employer" includes a person, a firm, a partnership, an association, a corporation, a receiver or an officer of the court of New Mexico, a state agency, or a unit of local government or a school district;
E. "family member" means a minor child of the employee or a person for whom the employee is a legal guardian;
F. "order of protection" means a court order granted pursuant to the Family Violence Protection Act; and
G. "retaliation" means an adverse action against an employee, including threats, reprisals or discrimination for engaging in the protected activity of taking domestic abuse leave.
History:
Laws 2009, ch. 14, § 2.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 2 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-3 - Domestic abuse leave required; retaliation prohibited.

An employer shall grant an employee domestic abuse leave without interfering with, restraining or denying exercise of rights under the Promoting Financial Independence for Victims of Domestic Abuse Act or attempting to do so. Retaliation against an employee for using domestic abuse leave is prohibited.
History:
Laws 2009, ch. 14, § 3.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 3 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-4 - Certification; verification.

A. When domestic abuse leave is taken in an emergency, the employee or the employee's designee shall give notice to the employer within twenty-four hours of commencing the domestic abuse leave.
B. An employer may require verification of the need for domestic abuse leave, and, if so, an employee shall provide one of the following forms of verification through furnishing in a timely fashion:
(1) a police report indicating that the employee or a family member was a victim of domestic abuse;
(2) a copy of an order of protection or other court evidence produced in connection with an incident of domestic abuse, but the document does not constitute a waiver of confidentiality or privilege between the employee and the employee's advocate or attorney; or
(3) the written statement of an attorney representing the employee, a district attorney's victim advocate, a law enforcement official or a prosecuting attorney that the employee or employee's family member appeared or is scheduled to appear in court in connection with an incident of domestic abuse.
History:
Laws 2009, ch. 14, § 4.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 4 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-5 - Impact of domestic abuse leave on other employee benefits.

A. For domestic abuse leave, an employee may use accrued sick leave or other available paid time off, compensatory time or unpaid leave time consistent with the employer's policies.
B. To the extent permitted by law, an employer shall not withhold pay, health coverage insurance or another benefit that has accrued to the employee when an employee takes domestic abuse leave. An employer shall not include time taken for domestic abuse leave in calculating eligibility for benefits.
History:
Laws 2009, ch. 14, § 5.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 5 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-6 - Confidentiality.

An employer shall not disclose verification information provided under Subsection B of Section 4 [50-4A-4 NMSA 1978] of the Promoting Financial Independence for Victims of Domestic Abuse Act and shall maintain confidentiality of the fact that the employee or employee's family member was involved in a domestic abuse incident, that the employee requested or obtained domestic abuse leave and that the employee made any written or oral statement about the need for domestic abuse leave. An employer may disclose an employee's information related to domestic abuse leave only when the employee consents, when a court or administrative agency orders the disclosure or when otherwise required by federal or state law.
History:
Laws 2009, ch. 14, § 6.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 6 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-7 - Enforcement.

A. The workforce solutions department is authorized to enforce the Promoting Financial Independence for Victims of Domestic Abuse Act and to investigate complaints made by persons who claim to be aggrieved pursuant to the provisions of that act.
B. The workforce solutions department and the employee have the right to bring an action in violation of the Promoting Financial Independence for Victims of Domestic Abuse Act in a court of competent jurisdiction to enjoin further violations, recover actual damages sustained or both, together with costs and reasonable attorney fees.
History:
Laws 2009, ch. 14, § 7.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 7 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act › Section 50-4A-8 - Effect on other laws and existing employment benefits.

A. Remedies in this section are provided in addition to other common law, federal or state remedies.
B. Nothing in the Promoting Financial Independence for Victims of Domestic Abuse Act shall supersede any provision of law or contract that provides greater rights than the rights established under that act.
C. The rights provided in the Promoting Financial Independence for Victims of Domestic Abuse Act shall not diminish an employer's obligation to provide greater rights in compliance with another contract, collective bargaining agreement or employment benefit program, policy or plan.
History:
Laws 2009, ch. 14, § 8.
ANNOTATIONS
Effective dates.
— Laws 2009, ch. 14, § 9 made Laws 2009, ch. 14, § 8 effective July 1, 2009.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-1 - Repealed.

History:
Laws 1933, ch. 148, § 1; 1939, ch. 196, § 1; 1941 Comp., § 57-401; 1953 Comp., § 59-5-1; Laws 1969, ch. 274, § 1; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-1 NMSA 1978, as enacted by Laws 1933, ch. 148, § 1, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-2 - Repealed.

History:
Laws 1933, ch. 148, § 2; 1939, ch. 196, § 2; 1941 Comp., § 57-402; 1953 Comp., § 59-5-2; Laws 1969, ch. 274, § 2; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-2 NMSA 1978, as enacted by Laws 1933, ch. 148, § 2, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-3 - Repealed.

History:
Laws 1933, ch. 148, § 3; 1941 Comp., § 57-403; 1953 Comp., § 59-5-3; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-3 NMSA 1978, as enacted by Laws 1933, ch. 148, § 3, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-4 - Repealed.

History:
Laws 1933, ch. 148, § 4; 1941 Comp., § 57-404; 1953 Comp., § 59-5-; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-4 NMSA 1978, as enacted by Laws 1933, ch. 148, § 4, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-5 - Repealed.

History:
Laws 1933, ch. 148, § 5; 1939, ch. 196, § 3; 1941 Comp., § 57-405; 1953 Comp., § 59-5-5; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-5 NMSA 1978, as enacted by Laws 1933, ch. 148, § 5, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-6 - Repealed.

History:
Laws 1933, ch. 148, § 6; 1941 Comp., § 57-406; 1953 Comp., § 59-5-6; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-6 NMSA 1978, as enacted by Laws 1933, ch. 148, § 6, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-7 - Repealed.

History:
Laws 1933, ch. 148, § 7; 1939, ch. 196, § 4; 1941 Comp., § 57-407; 1953 Comp., § 59-5-7; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-7 NMSA 1978, as enacted by Laws 1933, ch. 148, § 7, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-8 - Repealed.

History:
Laws 1933, ch. 148, § 8; 1941 Comp., § 57-408; 1953 Comp., § 59-5-8; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-8 NMSA 1978, as enacted by Laws 1933, ch. 148, § 8, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-9 - Repealed.

History:
Laws 1933, ch. 148, § 9; 1941 Comp., § 57-409; 1953 Comp., § 59-5-9; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-9 NMSA 1978, as enacted by Laws 1933, ch. 148, § 9, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.
2023 New Mexico Statutes › Chapter 50 - Employment Law › Article 5 - Employment of Women (Repealed.) › Section 50-5-10 - Repealed.

History:
Laws 1931, ch. 109, § 1; 1941 Comp., § 57-410; 1953 Comp., § 59-5-10; repealed by Laws 2009, ch. 160, § 1.
ANNOTATIONS
Repeals.
— Laws 2009, ch. 160, § 1, repealed 50-5-10 NMSA 1978, as enacted by Laws 1931, ch. 109, § 1, relating to the employment of women, effective June 19, 2009. For provisions of former section,
see
the 2008 NMSA 1978 on
NMOneSource.com
.