reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.18 - JOB CLASSIFICATIONS AND DESCRIPTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The job classifications and descriptions for public works
				  projects shall be as follows:
A.
				Asbestos worker or heat and frost insulator: The preparation, alteration,
				application, erection, assembling, molding, spraying, pouring, mixing, hanging,
				adjusting, repairing, dismantling, reconditioning, maintenance, finishing or
				weatherproofing of cold or hot thermal insulations with such materials as may
				be specified when those materials are to be installed for thermal purpose in
				voids, or to create voids, or on either piping, fittings, valves, boilers,
				ducts, flues, tanks, vats and equipment, or on any hot or cold surfaces for the
				purpose of thermal control, or to be installed for sound control on mechanical
				devices; equipment; piping and surfaces related in an integral way to the
				thermal insulation of such mechanical devices, except for materials applied
				inside sheet metal ducts and fittings. This work also includes all labor
				connected with:
(1) insulation for:
				temperature control (excluding batt and blown-in); personnel protection or
				safety; prevention of condensation; fire proofing of building
				penetrations.
(2) distribution of,
				cleanup of, and removal from surfaces as described above, which surfaces will
				be reinsulated with (excluding demolition which is covered under the laborers
				classification) the materials they apply.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.19 - APPRENTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Requirements of
				apprentices:
(1) All apprentices shall be
				properly indentured.
(2)
				Apprentices used on public works projects shall be in training and in
				compliance under registered apprenticeship standards and written apprenticeship
				agreements, and their employment shall be in accordance with the provisions of
				such apprenticeship standards and apprenticeship agreements.
(3) Apprentices shall be employed only at the
				work of the trade to which they are indentured.
(4) Certification showing registration status
				of apprentices must accompany the first full payroll on which each apprentice
				first appears. Certification on any registered apprentice shall be made by the
				contractor, and verification may be obtained from the Labor Relations Division,
				Apprenticeship Office.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 2 - PUBLIC WORKS MINIMUM WAGE ACT POLICY MANUAL › Section 11.1.2.21 - SUBSISTENCE, ZONE, AND INCENTIVE PAY RATES

Current through Register Vol. 35, No. 13, July 16, 2024
All contractors are required to pay subsistence, zone, and
				  incentive pay according to the particular trade.
A. Asbestos workers or heat and frost
				insulators
(1) Zone 1 shall consist of the
				area lying within the city limits of a circle whose radius is 66 miles from the
				city hall in Albuquerque or the city hall in El Paso - $0.00 per day.
(2) Zone 2 shall consist of Los Alamos county
				- $40.00 per day if not furnished a company owned vehicle.
(3) Zone 3 shall consist of the area lying
				beyond a circle whose radius is over 66 miles from the city hall in Albuquerque
				or the city hall in El Paso - $85.00 per day.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, Labor Relations
				  Division, Labor and Industrial Bureau, Public Works Unit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All contractors, subcontractors, employers or any person
				  acting as a contractor employing laborers or mechanics on public works
				  projects.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  13-4D-1 to
				  13-4D-8 NMSA
				  1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
04/30/ 2014, unless a later date is written at the end of
				  section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The purpose of the Public Works Apprentice and Training Act
				  is to ensure funding, through contributions made by employers, to establish an
				  apprenticeship program that will develop skilled building trades' craftsmen in
				  occupations recognized by the United States department of labor, office of
				  apprenticeship or the New Mexico state apprenticeship agency. The funding will
				  ensure adequate training during economic downturns, increase the number of New
				  Mexicans possessing skills that will enhance their opportunities for employment
				  and maintain the high standards of craftsmanship in our
				  state.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Approved
				program" means building trades apprenticeship and training programs in New
				Mexico that are recognized by the United States department of labor, office of
				apprenticeship or the New Mexico state apprenticeship agency.
B. "Qualified apprentices" mean participants
				in approved apprenticeship and training programs that have had 90% of 144 hours
				of classroom instruction and not less than 1000 hours of on-the-job training
				for the fiscal year.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.8 - DISBURSEMENT/CREATION OF FUNDS

Current through Register Vol. 35, No. 13, July 16, 2024
The director of the labor relations division, New Mexico
				  department of workforce solutions, shall disburse the public works apprentice
				  and training fund in accordance with NMSA 1978, Section
				  13-4D-5.
A. The director shall develop an annual
				budget taking into account the crafts that participated in the same fiscal year
				beginning July 1 and ending the following year on June 30.
B. The director shall utilize no more than
				15% of the funds to be used by the public works unit to administer the Public
				Works Apprentice and Training Act.
C. The remainder of the funds shall be
				disbursed by the director to approved apprenticeship and training programs in
				New Mexico.
(1) Disbursement of funds. The
				director shall disburse the funds to approved apprenticeship and training
				programs in proportion to amount collected and participants within such
				programs.
(a) The director, in disbursing the
				funds, shall take into account participants who have had 90% of 144 hours of
				classroom instruction and not less than 1000 hours of on-the-job training for
				the fiscal year.
(b) The funds
				shall be disbursed in proportion to the number of qualified apprentices within
				each approved program.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 3 - PUBLIC WORKS APPRENTICESHIP AND TRAINING ACT POLICY MANUAL › Section 11.1.3.9 - STATEMENT OF COMPLIANCE ON CERTIFIED PAYROLLS

Current through Register Vol. 35, No. 13, July 16, 2024
Statement of compliance on certified payrolls shall contain a
				  statement identifying the program approved by the United States department of
				  labor, office of apprenticeship or the New Mexico state apprenticeship agency
				  or paid to the public works apprentice and training fund.
A. A monthly record of contributions shall be
				submitted to the public works unit of the labor relations division, New Mexico
				department of workforce solutions, identifying the project by state wage
				decision number, week ending, employee's name, number of hours, and rate in the
				following format by
all
contractors/subcontractors employing
				laborers or mechanics requiring apprenticeship contributions in the following
				sample form.
EXAMPLE: COMPLIANCE STATEMENT
WAGE DECISION NO.:
(SA 93-990 A and B)
NAME OF PROJECT:
(Constr. Of Labor and Industrial Div. Offices/Street
							 Paving)
NAME OF COMPANY:
(XYZ CONSTRUCTION CO., INC.)
ADDRESS:
(111 Oak St., Santa Fe, NM 87501)
PAYMENT FOR MONTH/YEAR: (APRIL) 20 (xx) TOTAL OF
							 CHECK: $12.75 CHECK NO. (17895)
EMPLOYEE
WK END
WK END
WK END
WK END
WK END
TOTAL HOURS
RATE/HOUR
TOTAL CONTRIB.
(4/2)
(4/09)
(4/16)
(4/23)
(4/30)
(John Doe)
2
0
3
5
5.5
15.5
$.50
$7.75
(Tom Smith)
0
0
5
0
5.0
10.0
$.50
$5.00
SIGNATURE
B.
				The above information shall be submitted no later than the 15th of the
				following month with a copy of check paid to apprenticeship and training fund
				by contractors that
do
pay into an approved apprenticeship and
				training program in New Mexico.
C.
				A monthly check of contributions and the above compliance statement shall be
				submitted by contractors that
do not
participate in an approved
				apprenticeship and training program to the apprenticeship and training fund,
				labor relations division, New Mexico department of workforce
				solutions.
D. A notation shall be
				made in each certified payroll indicating where payment is being sent when
				applicable.
E. The director shall
				publish a list of approved apprenticeship and training programs in New Mexico
				to be furnished upon request.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Labor Relations Division, (LRD) New Mexico Department of
				  Workforce Solutions (NMDWS).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Article 1, Article 4, and Article 6 of Chapter 50 NMSA 1978,
				  relating to the powers and duties of the labor commissioner and director of
				  labor and industrial division, now known as the director of the labor relations
				  division, in the enforcement of the employment laws of the state of New
				  Mexico.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 14, 2017, unless a later date is cited at the end of
				  a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this Part 4 of Title 11, Chapter 1 is to
				  establish standards and procedures for the administration of Articles 1, 4 and
				  6 of Chapter 50 NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Certified
				teacher" means any person with a valid and current New Mexico teaching
				certificate issued by the New Mexico public education department or its
				equivalent in the United States.
B.
				"Child performer" means a minor person employed to act or otherwise participate
				in the performing arts, including but not limited to motion pictures,
				theatrical, radio, or television products.
C. The definitions of "employee" and
				"employer" that apply to these rules are set forth in Sections
				50-4-1 and
				50-4-21
				NMSA 1978 and are incorporated herein by reference.
D. "Employ" includes suffer or permit to
				work.
E. "Entertainment industry"
				means an employer including, but not limited to, any organization or individual
				using the services of any minor in: motion pictures of any type, using any
				format including theatrical film, commercial, documentary, and television
				program, or similar format by any medium including photography, recording,
				modeling, theatrical productions, publicity, and any performances where minors
				perform or entertain.
F.
				"Forepersons, superintendents and supervisors", as used in Section
				50-4-1(C)(2)
				of the Minimum Wage Act means an employee who meets all of the following
				requirements:
(1) their primary duty is to
				perform non-manual work related to management of the business;
(2) they are to exercise
				discretion;
(3) they regularly
				assist executives or perform specialized work or special assignments;
				and
(4) they perform less than
				twenty percent manual work;
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.9 - EMPLOYMENT OF CHILDREN

Current through Register Vol. 35, No. 13, July 16, 2024
A. A work
				permit is ordinarily required when employing children under the age of
				16.
B. Work permits shall be issued
				only by the school superintendents, school principals, designated issuing
				school officers or the director or the director's designee, upon proof of age
				of the student and that the work the child is engaged is not dangerous to the
				child or prohibited as outlined in Section
				50-6-4
				NMSA 1978 and in the Fair Labor Standards Act, (FLSA).
C. It is the responsibility of the employer
				to preserve on file the work permit in a place about the premises where the
				child is employed. All work permits and records are subject to inspection by
				representatives of the LRD.
D. The
				maximum number of hours allowed for children under the age of 16 is 18 hours a
				week during the school week and 40 hours a week in a non-school week.
E. Hazardous occupation means any occupation
				defined as hazardous by the United States department of labor under
				29
				U.S.C. 201 et seq. of the FLSA.
F. The student labor specialist will
				investigate any alleged violation of the Child Labor Act. The investigation may
				include investigating the premises of the employer, issuing a subpoena
duces tecum
, or holding an administrative hearing, to resolve
				the complaint.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.11 - CERTIFICATE AND DUTIES OF CERTIFIED TEACHERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. A certified teacher of New Mexico resident
				children, who attend public schools, must possess a valid and current teaching
				certificate issued by the New Mexico public education department. Certified
				teachers of non-resident students must possess a valid and current teaching
				certificate from one of the United States to teach grade levels kindergarten
				through 12 or teach the level of education required for the child performer at
				the place of employment.
B. All
				certified teachers, shall, in addition to teaching, and in conjunction with the
				parent or legal guardian, also have the responsibility of monitoring and
				protecting the health, safety and well-being of the child performers they have
				been hired to teach during the time the teacher is required to be
				present.
C. The certified teacher,
				parent, or legal guardian may refuse to allow the engagement of the child
				performer at the place of employment. Any party may report conditions
				threatening the health, safety, and well-being of the child performer to the
				department of workforce solutions. It is the ultimate responsibility of the
				parent or legal guardian to assure that the safety, health and well-being of
				the child are being protected. A teacher must be present during the time
				reserved for school, except that the child performers under 16 do not require
				the presence of a teacher for up to one hour for wardrobe, make-up,
				hairdressing, promotional publicity, personal appearances, or audio recording
				if these activities are not the actual site of filming or at the theatre or if
				school is not in session, and if the parent or legal guardian is present within
				earshot or eyesight of the child performer.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.13 - REQUIREMENT OF TRUST ACCOUNT FOR ALL CHILD PERFORMERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Each time a child performer is employed in
				the state of New Mexico with a contract equal or greater than $1000, a trust
				account will be created for the child performer.
B. It is the responsibility of the parent or
				legal guardian, or trustee to set up a trust account for the child performer in
				the child's state of residence for the sole benefit of the child within seven
				business days after the child performer's employment contract is signed. The
				child will not have access to the trust account until the child is 18 years of
				age or becomes legally emancipated.
C. The parent, guardian, or trustee shall
				provide the employer with a trustee statement within 15 days after the start of
				employment. Once the employer receives the trustee statement, the employer will
				provide the parent, guardian, or trustee with a written acknowledgement of
				receipt.
D. If the employer does
				not receive the trustee statement within 90 days after the start of employment,
				the child's employer shall refer the matter to district court. The district
				court shall have continuing jurisdiction over the trust.
E. The employer shall deposit not less than
				fifteen percent of the child's gross earnings directly into the child trust
				account within 15 business days of the work performance. If the account is not
				established, the employer shall withhold fifteen percent of the gross income
				until a trust account is established or until court orders otherwise. Once the
				employer deposits fifteen percent of the gross earnings in the trust account,
				the employer shall have no further obligation to monitor the funds.
F. Once the funds are deposited in the trust
				account, only the trustee shall be obligated to monitor and account for the
				funds.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.14 - SAFETY REQUIREMENTS FOR CHILD PERFORMERS

Current through Register Vol. 35, No. 13, July 16, 2024
A. No dressing room is to be occupied
				simultaneously by a minor and an adult performer or by minors of the opposite
				sex.
B. It is the responsibility of
				the employer to provide a safe, secure shelter for child performers under the
				age of 18 to rest when required to be at the place of employment during
				non-performances times.
C. No
				employer may cause, induce, entice, or permit a child performer to engage or to
				be used sexually exploitive material for the purpose of producing a
				performance. No child performer may be depicted in any media as appearing to
				participate in a sex act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.15 - PENALTIES AND DETERMINATION PROCESS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The director of the labor relations
				division may for cause refuse to issue a pre-authorization certificate to any
				project that has violated the provision of this act within a two year
				period.
B. The director will notify
				the employer within 10 days from the dates requested of a non-issuance of a
				pre-authorization certificate.
C.
				Any affected party may request a reconsideration of the director's actions, in
				writing, within 10 days.
D. The
				director may schedule an administrative hearing when, in their judgment, it
				would facilitate resolution of the complaint. The conduct of the hearing is not
				governed by the Administrative Procedures Act, but rather by procedures
				established by the LRD. (50-1-2)
E.
				The director may issue a subpoena
duces tecum
to compel the
				production of records they believe are necessary for the resolution of the
				complaint.
F. The director may
				issue written findings whenever they have sufficient evidence upon which to
				base their determination.
G. Other
				penalties for violations may be assessed pursuant to Section
				50-6-12 NMSA
				1978 compilation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.100 - FILING OF A WAGE CLAIM

Current through Register Vol. 35, No. 13, July 16, 2024
The claim form is to be completed by answering the questions
				  in the form as completely as possible, and is to be signed and dated by the
				  employee making the wage claim. The form does not need to be notarized. A wage
				  claim may be filed for any amount that is in dispute for any claim arising
				  entirely or in part within the three years prior to the filing of the claim.
				  The wage claim form will give the claimant the opportunity to choose to
				  correspond with the LRD by email or regular mail but if the wage claimant does
				  not make a choice, the correspondence with the wage claimant will be by regular
				  mail. A claimant may complete the wage claim form themselves or have a LRD
				  employee assist in completing the form based on the claimant's statements
				  in-person or by telephone. If the LRD provides assistance in completing the
				  form by telephone, the LRD shall mail or email the unsigned form to the
				  claimant to be reviewed, approved, signed, and submitted to the LRD for filing.
				  The wage claimant may provide any additional information and documentation
				  supporting the claim, but is not required to do so. Any such documents should
				  be copies and not originals, as the originals may be needed for any further
				  proceedings. Upon receipt of the completed claim form, the LRD will assign a
				  claim number and open a file. The form will be assigned to an employee of the
				  LRD who will:
(1) review the claim
				form to determine whether the LRD has jurisdiction over the claim;
(2) determine if more information from the
				claimant is needed;
(3) determine
				if the form needs to be referred for consideration as to whether a directed
				investigation is appropriate; and
(4) interview the wage claimant, if
				necessary, to clarify any discrepancies, omissions, or errors in the wage
				claim, and obtain additional information regarding the claim. If a directed
				investigation is not warranted, the LRD will follow the procedures set forth in
				11.1.4.104 to 11.1.4.109 NMAC. If a wage claimant is represented by an attorney
				at any time during the proceedings, the attorney shall give written notice to
				the LRD of said representation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.101 - JURISDICTION OF THE LRD

Current through Register Vol. 35, No. 13, July 16, 2024
The authority of the LRD is limited to the enforcement of the
				  laws of the State of New Mexico. The LRD does not have authority to enforce the
				  laws of any other state. The LRD may refuse to accept a wage claim if the wage
				  claim form involves work performed entirely outside the State of New
				  Mexico.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.102 - DEADLINE FOR FILING A WAGE CLAIM

Current through Register Vol. 35, No. 13, July 16, 2024
A wage claimant must file a wage claim with the LRD against
				  an employer within three years of that employer's last violation of the wage
				  and hour laws as to the wage claimant. As long as any portion of the wage claim
				  falls within the three-year time limit, the LRD will investigate the claim as
				  far back as the beginning of the continued course of conduct as to the wage
				  claimant or, in the case of a directed investigation, as far back as the course
				  of conduct actually began as to any employee.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.103 - INITIAL CLOSURE OF CERTAIN WAGE CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
The LRD may close any wage claim file after the initial
				  screening with no further investigation if the LRD determines that it does not
				  have jurisdiction, it is impossible to identify claimant's alleged employer, or
				  if no portion of the claim falls within a three-year time period. Upon closure,
				  the LRD will send the claimant a letter that sets forth the material facts,
				  statutes, or regulations on which the closure is based.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.104 - DELIVERY OF THE WAGE CLAIM TO THE EMPLOYER

Current through Register Vol. 35, No. 13, July 16, 2024
Within 10 business days of the initial screening, the LRD
				  shall mail the employer an initial correspondence, which shall include details
				  from the claim form that are relevant to the wage claim, any supporting
				  documentation received from the wage claimant, and a blank response form. The
				  initial correspondence shall be mailed to the last known address of the
				  employer. The notice to the employer will give the employer the opportunity to
				  choose to receive correspondence from the LRD by email or regular mail, but if
				  the employer does not make a choice, the correspondence will be sent by regular
				  mail.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.105 - RESPONSE OF THE EMPLOYER

Current through Register Vol. 35, No. 13, July 16, 2024
Within 10 business days of the receipt of the initial
				  correspondence regarding the wage claim, the employer shall respond in writing
				  to the wage claim and shall provide all information and documentation it has
				  that is relevant to the wage claim, including true and accurate wage and hour
				  records. If the employer fully admits the alleged violation, the LRD may
				  proceed directly to the resolution phase of the investigation. If after the
				  employer's initial response the LRD deems necessary, the LRD may interview the
				  employer to obtain any additional information and shall issue a subpoena to
				  compel time records, payroll records or other documents the LRD deems necessary
				  to conduct an investigation into the merits of the wage claim, if such records
				  were not voluntarily provided. If wage and hour records are not identified
				  after these steps are completed, the LRD may interview the wage claimant to
				  obtain any additional information needed and then shall proceed to the
				  resolution phase of the investigation. If an employer is represented by an
				  attorney at any time during the proceedings, the attorney shall give written
				  notice to the LRD of said representation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.106 - DELIVERY OF THE RESPONSE TO THE WAGE CLAIMANT

Current through Register Vol. 35, No. 13, July 16, 2024
If the employer disputes the alleged violation and submits
				  relevant documentary evidence, the LRD shall give the claimant an opportunity
				  to respond in writing, by sending the claimant the employer's response and
				  evidence. The wage claimant may respond within 10 business days of receipt of
				  the communication with any additional information regarding the wage claim. The
				  LRD may also telephone the wage claimant to obtain any additional information
				  needed. Upon receipt of information from the claimant, or upon expiration of
				  the 10 day period, whichever is earlier, the LRD shall proceed to the
				  resolution phase of the investigation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.107 - SETTLEMENT BY PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
Upon completing the investigatory steps set forth herein, the
				  LRD may schedule a settlement meeting between the parties. During the
				  settlement meeting, the LRD shall inform the parties of the preliminary
				  conclusions the LRD has reached upon initial investigation of the claim,
				  including the potential amount owed to the wage claimant. If the claim involves
				  a violation of Section
				  50-4-22
				  NMSA1978, the potential amount owed shall include the unpaid and underpaid
				  wages of the wage claimant, plus an additional amount equal to twice the amount
				  of the unpaid or underpaid wages. The LRD shall also inform the parties that
				  any award by the LRD can only be enforced by a court entering a judgment and
				  enforcing the judgment in the same manner as other judgments are enforced, and
				  that the LRD will pursue such enforcement action if the claim is not resolved
				  through settlement. The employer and the wage claimant will be given the
				  opportunity to discuss the settlement of the wage claim and the wage claimant
				  will have the right to decide whether to accept any settlement offered by the
				  employer or proceed, if necessary, to a LRD hearing on the wage claim or to
				  court to collect on the wage claim. If a settlement of the wage claim is agreed
				  to between the employer and the wage claimant, the LRD shall prepare a document
				  for the parties to sign reflecting the resolution.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.108 - HEARING BY THE LRD

Current through Register Vol. 35, No. 13, July 16, 2024
If parties do not agree to a settlement, and the LRD deems
				  necessary, the LRD may schedule a hearing. If a hearing is held, the following
				  procedures shall apply: At the commencement of the hearing, the LRD shall once
				  again inform the parties of the preliminary conclusions the LRD has reached
				  upon initial investigation of the claim, including the potential amount owed to
				  the wage claimant. If the claim involves a violation of Section
				  50-4-22
				  NMSA 1978, the potential amount owed shall include the unpaid and underpaid
				  wages of the wage claimant, plus an additional amount equal to twice the amount
				  of the unpaid or underpaid wages. The LRD shall also inform the parties that
				  any award by the LRD can only be enforced by a court entering a judgment and
				  enforcing the judgment in the same manner as other judgments are enforced, and
				  that the LRD will pursue such enforcement action if the claim is not resolved
				  through settlement. At the hearing, the LRD shall place witnesses under oath
				  and shall obtain the testimony of the witnesses who are available in person and
				  by telephone.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.109 - DECISION OF THE LRD

Current through Register Vol. 35, No. 13, July 16, 2024
The LRD shall issue a written determination whenever a wage
				  claim or investigation is not resolved through settlement. The LRD has
				  discretion to render a written decision without conducting a hearing. The
				  decision of the LRD shall be in writing and shall set forth the material facts
				  upon which the decision is based, the specific statutes or regulations on which
				  the decision is based, an explanation of the reasons supporting the decision,
				  and a calculation of the damages. When the claim involves a violation of any
				  provision of Section
				  50-4-22
				  NMSA1978, damages shall include the amount of the claimant's unpaid minimum
				  wages plus interest, and an additional amount equal to twice the unpaid or
				  underpaid wages. A copy of the decision shall be sent to each party, by the
				  method of correspondence selected by the party, as soon as it has been entered,
				  and a copy shall be kept in the file of the LRD regarding the claim. The
				  parties will be given an additional opportunity to resolve the claim for an
				  amount agreed to by the parties and acceptable to the wage claimant, prior to
				  the claim being filed with a court of competent jurisdiction.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.110 - NO RIGHT OF ADMINISTRATIVE APPEAL

Current through Register Vol. 35, No. 13, July 16, 2024
the LRD's administrative determinations are not judgments,
				  and the LRD does not have the power to issue judgments. The LRD may only
				  enforce a judgment against the employer after a legally-enforceable judgment
				  has been docketed in the appropriate court. The LRD has no administrative
				  appeals process provided by law by which a party may appeal wage claim
				  decisions. Wage claimants who disagree with the LRD's administrative
				  determinations have no right of administrative appeal, but may exercise the
				  private right of action set forth in Sections
				  37-1-5
				  and
				  50-4-26
				  NMSA1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.111 - DIRECTED INVESTIGATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
When the LRD has information about an alleged violation that
				  affects multiple employees, which the director, in his sole discretion,
				  believes involves a systemic violation of the wage and hour laws of the state
				  of New Mexico by an employer, the director may direct the LRD to undertake a
				  directed investigation. A directed investigation is a workplace-wide
				  investigation into an employer's wage payment practices, which is not limited
				  in scope to the claims of the individual reporting the alleged violation of the
				  law. Among other investigatory methods, a directed investigation may include
				  interviews with individuals having information and obtaining and reviewing all
				  employment records for the time period under investigation. It may also include
				  enforcement action against the employer to collect wages, damages, or penalties
				  owed, based on violations uncovered as to any employee.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.112 - ACTION BY THE LRD IN DISTRICT COURT TO ENFORCE DECISION ON MINIMUM WAGE ACT CLAIM

Current through Register Vol. 35, No. 13, July 16, 2024
To enforce the Minimum Wage Act, Sections
				  50-4-19
				  through
				  50-4-30
				  NMSA1978, the director may institute an action in the name of the state in the
				  district court of the county wherein the employer who has failed to comply with
				  the act resides or has a principal office or place of business, and shall seek
				  the assistance of the district attorney whenever, in the director's discretion,
				  such assistance is necessary or advisable.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.113 - ACTION BY THE LRD TO ENFORCE DECISION ON ALL OTHER WAGE CLAIMS

Current through Register Vol. 35, No. 13, July 16, 2024
To enforce any provision of Chapter 50, Article 4, if the
				  amount of the wage claim does not exceed the jurisdictional limit for the
				  metropolitan or magistrate court, the LRD may file an action against the
				  employer on behalf of the wage claimant in the appropriate court. The LRD shall
				  obtain an assignment of the wage claim as provided in Section
				  50-4-11
				  NMSA1978 prior to proceeding with any court action. The LRD will request a
				  recording of all hearings in magistrate or metropolitan court to preserve the
				  right to appeal to district court. The LRD will promptly forward any notice of
				  hearing received from the magistrate or metropolitan court to the claimant in
				  the manner selected by the wage claimant in the wage claim form. In the event
				  the amount of a valid and enforceable wage claim exceeds the jurisdictional
				  limit for the metropolitan or magistrate court, the LRD shall refer the matter
				  to the district attorney for the district wherein any violation occurs by
				  sending the district attorney the complete investigation file and cooperating
				  with the district attorney throughout the prosecution of the action. The LRD
				  may file a proof of claim on behalf of the wage claimant in any U.S. bankruptcy
				  court. The LRD will not be responsible for providing an attorney to represent a
				  wage claimant in any administrative or judicial proceeding. The wage claimant
				  will also be advised that he or she may exercise the private right of action
				  set forth in Sections
				  37-1-5
				  and
				  50-4-26
				  NMSA1978 and may wish to consult with an attorney regarding filing such a
				  claim.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.114 - SUBPOENA POWERS

Current through Register Vol. 35, No. 13, July 16, 2024
The LRD may issue a subpoena compelling any witness,
				  including but not limited to the employer and the wage claimant, to appear for
				  the taking of a deposition and for the production of any documents relevant to
				  the claim at the time of the deposition, or to appear for any hearing and for
				  the production of any documents relevant to the claim at the time of the
				  hearing.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.115 - EMPLOYER RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
It is the employer's burden to maintain true and accurate
				  time and pay records for all employees. Therefore, upon a finding by the LRD of
				  an employment relationship, if the employer has not maintained and produced to
				  the LRD the wage and hour records required by law, or if the LRD determines
				  that employer records are inaccurate or incomplete, the LRD will calculate the
				  wages due to the wage claimant based on employee records or the employee's
				  credible recollection of the hours worked and wages paid or
				  unpaid.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.116 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
If there is danger of retaliation by the employer against the
				  individual or other good cause to believe that the person providing the
				  information about the misconduct may suffer harm for providing the information,
				  the identity of the source of the information of misconduct by the employer
				  shall be kept confidential by the LRD and its employees. The LRD shall not
				  require a social security number or a taxpayer identification number of a wage
				  claimant and shall adopt procedures to ensure that such information, if
				  obtained, does not remain in its case files.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.117 - CONFLICTS WITH STATE LAWS

Current through Register Vol. 35, No. 13, July 16, 2024
In the event any of the rules and regulations set forth
				  herein conflict with any applicable state law, the state law shall
				  control.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.118 - CONSIDERATION OF FEDERAL FAIR LABOR STANDARDS ACT

Current through Register Vol. 35, No. 13, July 16, 2024
In making a decision, the LRD may rely upon definitions used
				  within and decisions relating to the FLSA,
				  29
				  U.S.C. 201
et
				  seq.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.119 - EFFECT OF FILING OF PRIVATE ACTION

Current through Register Vol. 35, No. 13, July 16, 2024
The LRD may close a wage claimant's wage claim file and take
				  no further action if the wage claimant files a separate civil action against
				  the employer in a court of competent jurisdiction asserting the same legal
				  claims that are the subject of a LRD investigation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.120 - REOPENING OF INVESTIGATION BY THE LRD

Current through Register Vol. 35, No. 13, July 16, 2024
Prior to a final decision by the LRD, and upon a showing of
				  good cause for doing so, the LRD may reopen the investigation of any wage claim
				  at the written request of a wage claimant. Upon reopening, the LRD may pursue
				  any investigatory steps available to it pursuant to law and these rules and
				  regulations.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.121 - STANDARD OPERATING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The LRD may adopt standard operating procedures to provide
				  additional instructions for its employees in the performance of their duties
				  and responsibilities, which shall be made available on the LRD website upon
				  adoption. The LRD shall also adopt a manual containing information for
				  employees about how to apply the relevant laws to wage claims based on
				  applicable statutes and judicial or administrative decisions. The most recent
				  version of the manual shall be made available on the LRD website upon adoption,
				  and changes to the manual shall be identified by date. In the event of a
				  conflict between a provision of these rules and regulations and a provision of
				  any standard operating procedure or manual, these rules shall
				  control.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.122 - LANGUAGE ACCESS

Current through Register Vol. 35, No. 13, July 16, 2024
The LRD shall translate into Spanish all standardized
				  portions of written materials provided to the parties or made available to the
				  public, including the claim form, form letters, standardized portions of
				  administrative decisions, notices, brochures, and informational materials.
				  Interpretation services will be made available by the LRD to all individuals
				  with whom the LRD interacts in the course of carrying out its duties under the
				  relevant statutes and rules. The claim form and the employer response form will
				  give the parties the opportunity to indicate a language preference. The LRD
				  shall provide a multilingual notice for members of the public to access the
				  LRD's interpretation service, which shall include the LRD's phone number and a
				  statement that interpretation services are available free of charge. The
				  multilingual notice shall include the top five written languages spoken in each
				  county in New Mexico, set forth in the language access plans of the New Mexico
				  state courts. The notice shall appear on the LRD website and at the front desk
				  of all LRD offices. It shall also be printed in the claimant's preferred
				  language on all documents sent to parties who select a preferred language other
				  than English.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN › Section 11.1.4.123 - ACCESS TO DWS OFFICES

Current through Register Vol. 35, No. 13, July 16, 2024
The wage claim form shall be made available in all offices in
				  which department of workforce solutions services are administered, and
				  claimants shall be permitted to use landline telephones or computers in such
				  offices to communicate with the LRD for any purpose relevant to filing a wage
				  claim or the investigation and enforcement of the wage claim. Administrative
				  hearings or other LRD administrative functions may also be conducted in such
				  offices.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Labor Relations Division (LRD) of the New Mexico Department
				  of Workforce Solutions (NMDWS).
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-17-9
				  NMSA 1978 authorizes the labor relations division of the workforce solutions
				  department to coordinate implementation and enforcement of the Healthy
				  Workplaces act and to promulgate appropriate rules to implement that
				  act.