reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2022, 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 6 - HEALTHY WORKPLACES › Section 11.1.6.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To implement the complaint process articulated in Sections
				  50-17-1
				  NMSA 1978 through 50-17-12 NMSA 1978, including a process for investigating and
				  resolving complaints alleging violations of the Healthy Workplaces
				  Act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
All definitions contained in Section
				  50-17-2
				  NMSA 1978 are incorporated herein by reference. Additionally, as used in these
				  rules:
A.
"Frontloading"
means when an employer elects to grant employees earned sick leave the employee
				could accrue within the year.
B.
"Calendar year"
means January 1st of any year through December
				31st of that same year.
C.
"Complainant"
means an individual who believes they have been adversely
				impacted by violations of the Healthy Workplaces Act or these rules or an
				individual who was subjected to any of the retaliatory actions prohibited by
				the Act and files a complaint with the division alleging such
				violations.
D.
"Foreseeable"
means an employee is aware of the need to use earned sick
				leave seven or more days before such use.
E.
"Good cause"
means a
				substantial reason, one that affords a legal excuse, or a legally sufficient
				ground or reason.
F.
"Violation(s)"
means any violation of the Healthy Workplaces Act or
				these rules, including retaliation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.9 - COMPLIANCE MEASURES

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance assurance measures available to the division
				  include the following:
A.
				Investigations of alleged violations of the Healthy Workplaces Act upon
				complaints filed by individuals;
B.
				interviews of employers, their managers and employees and any other witness who
				may have relevant information;
C.
				requests for production of records and other information from
				employers;
D. administrative
				subpoenas for records and other information from employer, or for the taking of
				depositions from employers, their managers and other potential
				witnesses;
E. audits of employer
				records of the kind described in Section
				50-17-9
				NMSA 1978;
F. education and
				outreach efforts regarding the requirements of the Healthy Workplaces Act;
				and
G. directed Investigations:
				When the division has credible information about alleged violations of the
				Healthy Workplaces Act that affect multiple employees working for an employer,
				the director may, in their sole discretion, direct a comprehensive,
				workplace-wide investigation into the earned-sick-leave practices of that
				employer. All the investigatory and compliance tools available to the division
				by law can be used in a directed investigation into alleged violations of the
				Healthy Workplaces Act. If a directed investigation results in a finding of
				violations of the Act, the division may, in its sole discretion, file a civil
				action to enforce compliance with the Act, including payment of any earned sick
				leave payment owed, damages and attorney's fees.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.10 - NOTICE BY EMPLOYERS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Employers shall give written or electronic notice to an employee at the
				commencement of employment of the employee's rights to earned sick leave; the
				manner in which sick leave is accrued and calculated; the terms of use of
				earned sick leave as guaranteed by the Healthy Workplaces Act; that retaliation
				against employees for using sick leave is prohibited; the employee's right to
				file a complaint with the division if earned sick leave accrual or use is
				denied or if the employee is retaliated against; and all means of enforcing the
				Healthy Workplaces Act. This notice must be in English, Spanish or any other
				language that is the first language spoken by at least ten percent of the
				employer's workforce, as requested by the employee.
B. Employers shall display a poster
				containing the information required in Section A, above, in a conspicuous and
				accessible place in each establishment where employees are employed. The poster
				should be in English, Spanish and in any language that is the first language
				spoken by at least ten percent of the employer's workforce.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.11 - COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
Individuals may file complaints alleging violations of the
				  Healthy Workplaces Act or these rules, including retaliation, with the
				  division.
A. Complaints must be
				submitted using a division-approved form.
B. Complainants may complete the form on
				their own or have an LRD employee assist in completing the form based on the
				complainant's statements in-person or by telephone. If the division provides
				assistance in completing the form by telephone, the division shall mail or
				email the unsigned form to the complainant to be reviewed, approved, signed,
				and submitted to the division for filing. The complaint form does not need to
				be notarized. The complainant may attach additional information or
				documentation supporting the complaint, but this is not a
				requirement.
C. Upon receipt of the
				completed complaint form, the division will:
(1) review the complaint to determine whether
				the division has jurisdiction;
(2)
				determine if more information from the complainant is needed; and
(3) interview the complainant, if necessary,
				to clarify any discrepancies, omissions, or errors in the complaint form, and
				obtain additional information regarding the complaint.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.12 - JURISDICTION

Current through Register Vol. 35, No. 13, July 16, 2024
The division's authority is limited to the enforcement of
				  the laws of the state of New Mexico. The division does not have authority to
				  enforce the laws of any other state. The division may close a complaint that
				  alleges violations of the Healthy Workplaces Act for work performed outside the
				  state of New Mexico, including work performed entirely on tribal
				  land.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.13 - DEADLINE FOR FILING A COMPLAINT

Current through Register Vol. 35, No. 13, July 16, 2024
All complaints alleging violations of the Healthy Workplaces
				  Act must be filed with the division within three years of when the last alleged
				  violation occurred. The division will accept complaints for investigation in
				  which any portion of the alleged violation falls within the three-year time
				  limit.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.14 - CONFIDENTIALITY

Current through Register Vol. 35, No. 13, July 16, 2024
The division will maintain the complainant's identity as
				  confidential unless disclosure is necessary to facilitate investigation or
				  resolve the complaint or is otherwise required by law. Prior to disclosing the
				  complainant's identity and to the extent practicable, the division will notify
				  the complainant before any such disclosure.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.15 - DISCLOSURE OF COMPLAINTS

Current through Register Vol. 35, No. 13, July 16, 2024
The division may close any complaint alleging violations of
				  the Healthy Workplaces Act after the initial screening with no further
				  investigation if the division determines that it does not have jurisdiction, it
				  is unable to identify complainant's employer after reasonable efforts have been
				  made, or if no portion of the alleged violations falls within a three-year time
				  period. Upon closure, the division will send the complainant a letter setting
				  forth the reasons for closure.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.16 - NOTICE OF COMPLAINT TO EMPLOYER

Current through Register Vol. 35, No. 13, July 16, 2024
Within 10 business days of receipt of the complaint, the
				  division shall send the employer a copy of the complaint form, any supporting
				  documentation received from the complainant, and a blank response form. The
				  initial letter 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 division 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 6 - HEALTHY WORKPLACES › Section 11.1.6.17 - EMPLOYER REPRESENTATION

Current through Register Vol. 35, No. 13, July 16, 2024
If an employer is represented by an attorney at any time
				  during the investigation, the attorney shall submit a written notice to the
				  division of representation and shall also indicate in that notice whether the
				  division may communicate with the employer directly without the attorney being
				  present. If the attorney fails to indicate anything in this regard, it will be
				  assumed that the division is authorized to communicate directly with the
				  employer without the attorney being present.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.18 - RESPONSE BY EMPLOYER

Current through Register Vol. 35, No. 13, July 16, 2024
The employer shall respond in writing to the initial letter
				  regarding the complaint within 10 business days of receipt. The employer shall
				  also provide the division with true and accurate copies of the records that are
				  required to be maintained by the Healthy Workplaces Act with respect to the
				  complainant(s). The employer shall produce any other records related to the
				  complaint requested by the division. The employer may provide other records of
				  its choosing in responding to the complaint but this is not a requirement. In
				  its discretion, the division may grant an employer a reasonable extension to
				  respond to the initial letter if requested by the employer in writing
				  specifically setting forth the good cause upon which the request for an
				  extension is based.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.19 - REQUESTS FOR ADDITIONAL INFORMATION

Current through Register Vol. 35, No. 13, July 16, 2024
In its discretion, the division may interview the employer
				  and other witnesses to obtain additional information relevant to the
				  investigation and may issue an administrative subpoena to compel production of
				  records necessary to conduct the investigation if such records are not
				  voluntarily provided by the employer.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.20 - REPLY BY COMPLAINANT

Current through Register Vol. 35, No. 13, July 16, 2024
If the employer disputes the alleged violation(s) and submits
				  relevant documentary evidence, the division shall allow the complainant an
				  opportunity to submit a written reply to the employer's response along with
				  additional documentation. The complainant has 10 business days from the date of
				  the complainant's receipt of the employer's response to submit the reply. In
				  its discretion, the division may interview the complainant and other witnesses
				  to obtain additional information relevant to the
				  investigation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.21 - SETTLEMENT BY PARTIES

Current through Register Vol. 35, No. 13, July 16, 2024
At any stage of the investigation, the division may schedule
				  a settlement meeting between the parties. The division may inform the parties
				  of its preliminary conclusions based on the evidence reviewed, including any
				  actual or statutory damages owed to the complainant for violations of the
				  Healthy Workplaces Act, as found by the division. If a settlement is reached,
				  it shall be reduced to writing and signed by the complainant and the employer.
				  After the settlement is signed by both parties, the division will close the
				  investigation and advise the parties in writing that the case is close to
				  include the date the three-year statute of limitations
				  expires.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.22 - ADMINISTRATIVE DECISION

Current through Register Vol. 35, No. 13, July 16, 2024
The division shall complete its investigation of a complaint
				  and issue a written decision if a settlement is not reached, or if a settlement
				  is reached but the employer fails to comply with the terms of the settlement,
				  and a party submits a written request to the division to reopen prior to the
				  expiration of the three year time limit outlined in NMAC 11.1.6.13. After
				  completing its investigation the division shall issue an administrative
				  decision on the complaint. The decision shall:
A. be issued within 180 days from the date
				the complaint was received;
B. be
				in writing and set forth findings of facts and conclusions of law, including a
				calculation of damages owed, if any;
C. inform the parties that if they disagree
				with the decision, there is no right of administrative appeal;
D. inform the parties whether the division
				will file a civil action to enforce its administrative decision; and
E. inform complainants of their private right
				of action pursuant to Subsection B of Section
				50-17-10
				NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.23 - CIVIL ACTIONS BY THE DIVISION

Current through Register Vol. 35, No. 13, July 16, 2024
Although the division may, in its sole discretion, bring a
				  civil action for violations of the Healthy Workplaces Act, the division will do
				  so only in cases that it deems appropriate based on its enforcement priorities,
				  including but not limited to, repeat violations by a particular employer or
				  problematic industries where systemic and/or abusive practices have been
				  identified through investigation by the division. The division's decision on
				  whether to bring a civil action under the Healthy Workplaces Act is final and
				  not subject to any right of appeal or review.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.24 - SUBPOENA POWERS

Current through Register Vol. 35, No. 13, July 16, 2024
The division may issue a subpoena compelling any witness,
				  including but not limited to the employer and the complainant, to appear for
				  the taking of a deposition or a recorded statement under oath, and for the
				  production of any documents relevant to the complaint at the time that the
				  deposition or recorded statement is taken. A recorded statement may be taken
				  before a qualified court stenographer, but it may also be recorded digitally or
				  on audio tape or video tape.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.25 - EMPLOYER RECORDS

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-17-7
				  NMSA 1978 requires employers to keep records documenting hours worked by
				  employees and earned sick leave taken by employees for the 48-month period
				  immediately preceding the date the record was created. If the division finds,
				  during the course of its investigation, the employer did not maintain and
				  produce the required records, or that the records are inaccurate or incomplete,
				  the division may base its calculation of damages owed on other reasonable,
				  credible evidence, including but not limited to the complainant's
				  estimates.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.26 - CONFLICTS WITH STATE LAW

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 6 - HEALTHY WORKPLACES › Section 11.1.6.27 - CIVIL ACTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The division may close a complainant's file and take no
				  further action if the complainant files a separate civil action against the
				  employer in a court of competent jurisdiction asserting the same legal claims
				  that are the subject of the division's investigation.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.28 - REOPENING AN INVESTIGATION

Current through Register Vol. 35, No. 13, July 16, 2024
A complainant or employer may request in writing a reopening
				  of the investigation of a complaint upon a showing of good cause for doing so.
				  Examples of good cause include, but are not limited to, failure of an employer
				  to comply with the terms of the settlement, or the discovery of new, previously
				  undisclosed evidence that would have changed the result of the previous
				  determination. Except in the case of unfulfilled settlement terms, the
				  division's determination of whether good cause to reopen exists is final and
				  shall not be subject to any right of appeal or other review. All requests for
				  reopening must be received by the division before the three-year time limit
				  referenced in NMAC 11.1.6.13 expires. Reopening requests received after the
				  three-year period expires will not be considered. Upon reopening, the division
				  may pursue any investigatory steps available under the law and pursuant to
				  these regulations and may affirm, modify, or reverse, in whole or in part, any
				  previous decision issued.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 6 - HEALTHY WORKPLACES › Section 11.1.6.29 - STANDARD OPERATING PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
The division may adopt standard operating procedures to
				  provide additional instructions for its employees in the performance of their
				  duties and responsibilities.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 11 - YOUTH CONSERVATION CORPS COMMISSION GENERAL PROVISIONS › Section 11.1.11.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Youth Conservation Corps, 408 Galisteo St.,
				  Mailing Address: P.O. Box 1948, Santa Fe, New Mexico 87504-1948, (505)
				  827-7467
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 11 - YOUTH CONSERVATION CORPS COMMISSION GENERAL PROVISIONS › Section 11.1.11.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
SB 509, Laws of 1994, Chapter 145.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 11 - YOUTH CONSERVATION CORPS COMMISSION GENERAL PROVISIONS › Section 11.1.11.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
February 29, 2000 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 11 - YOUTH CONSERVATION CORPS COMMISSION GENERAL PROVISIONS › Section 11.1.11.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To provide rules and regulations for the youth conservation
				  corps commission to operate under.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 1 - LABOR GENERAL PROVISIONS › Part 11 - YOUTH CONSERVATION CORPS COMMISSION GENERAL PROVISIONS › Section 11.1.11.8 - TELEPHONE CONFERENCING

Current through Register Vol. 35, No. 13, July 16, 2024
Pursuant to Section
				  10-15-1
				  NMSA 1978, commission members may participate in commission meetings and
				  hearings by means of a conference telephone or other similar communications
				  equipment when it is otherwise difficult or impossible for members to attend
				  the meeting or hearing in person. Each member participating by conference
				  telephone or other similar communications equipment must be identified when
				  speaking. All participants must be able to hear each other at the same time.
				  Members of the public attending the meeting or hearing must be able to hear
				  commission members who speak during the meeting or hearing.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Department of Workforce Solutions, Labor Relations
				  Division.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All apprenticeship programs registered with the New Mexico
				  department of workforce solutions.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  50-7-1
				  through
				  50-7-7 NMSA
				  1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
November 1, 2018, unless a later date is written at the end
				  of section.
Compiler's note: The words or paragraph, above, are no
					 longer applicable. Later dates are now cited only at the end of sections, in
					 the history notes appearing in brackets.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
Scope and purpose. This plan sets forth policies and
				  procedures to promote equality of opportunity in apprenticeship programs
				  registered with the New Mexico department of workforce solutions. These
				  policies and procedures apply to the recruitment and selection of apprentices,
				  and to all conditions of employment and training during apprenticeship and the
				  procedures established provide for review of apprenticeship programs, for
				  registering apprenticeship programs, for processing complaints, and for
				  deregistering non-complying apprenticeship programs. The purpose of this plan
				  is to promote equality of opportunity in apprenticeship by prohibiting
				  discrimination based on age (40 or older), disability, race, color, religion,
				  national origin, genetic information, sexual orientation or sex in
				  apprenticeship programs, by requiring affirmative action to provide equal
				  opportunity in such apprenticeship programs, and by coordinating this part with
				  other equal opportunity programs.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Administrator"
				means the administrator of the office of apprenticeship (OA), or any person
				specifically designated by the administrator.
B. "Apprentice" means a worker at least 16
				years of age, except where a higher minimum age standard is otherwise fixed by
				law, who is employed to learn an apprenticeable occupation as provided in
				11.2.3.22
				NMAC under standards of apprenticeship fulfilling the requirements of
				11.2.3.23
				NMAC.
C. "Apprenticeship committee"
				means those persons designated by the sponsor to administer the program. A
				committee may be either joint or non-joint, as follows:
(1) A joint committee is composed of an equal
				number of representatives of the employer(s) and of the employees represented
				by a bona fide collective bargaining agent(s).
(2) A non-joint committee, which may also be
				known as a unilateral or group non-joint (which may include employees)
				committee, has employer representatives but does not have a bona fide
				collective bargaining agent as a participant.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.8 - EQUAL OPPORTUNITY STANDARDS APPLICABLE TO ALL SPONSORS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Discrimination prohibited:
(1)
				It is unlawful for a sponsor of a registered apprenticeship program to
				discriminate against an apprentice or applicant for apprenticeship on the basis
				of race, color, religion, national origin, sex, sexual orientation, age (40 or
				older), genetic information, or disability with regard to:
(a) recruitment, outreach, and selection
				procedures;
(b) hiring, upgrading,
				periodic advancement, promotion, award of tenure, demotion, transfer, layoff,
				and rehiring;
(c) rotation among
				work processes;
(d) imposition of
				penalties or other disciplinary action;
(e) rates of pay or any other form of
				compensation and changes in compensation;
(f) conditions of work;
(g) hours of work and hours of training
				provided;
(h) job
				assignments;
(i) leaves of absence,
				sick leave, or any other leave; and
(j) any other benefit, term, condition, or
				privilege associated with apprenticeship.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.10 - UTILIZATION ANALYSIS FOR RACE, SEX, AND ETHNICITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Purpose:
The purpose of the
				utilization analysis is to provide sponsors with a method for assessing whether
				possible barriers to apprenticeship exist for particular groups of individuals
				by determining whether the race, sex, and ethnicity of apprentices in a
				sponsor's apprenticeship program is reflective of persons available for
				apprenticeship by race, sex, and ethnicity in the relevant recruitment area.
				Where significant disparity exists between availability and representation, the
				sponsor will be required to establish a utilization goal pursuant to
				11.2.2.11
				NMAC.
B.
Analysis of
				apprenticeship program workforce:
(1)
Process
. Sponsors must analyze the race, sex, and ethnic
				composition of their apprentice workforce. This is a two-step process. First,
				each sponsor must group all apprentices in its registered apprenticeship
				program by occupational title. Next, for each occupation represented, the
				sponsor must identify the race, sex, and ethnicity of its apprentices within
				that occupation.
(2)
Schedule
				of analysis
. Each sponsor is required to conduct an apprenticeship
				program workforce analysis at each compliance review, and again if and when
				three years have passed without a compliance review. This updated workforce
				analysis should be compared to the utilization goal established at the
				sponsor's most recent compliance review to determine if the sponsor is
				underutilized, according to the process in Subsection D of this
				section.
(3)
Compliance
				date.
(a) Sponsors registered with the
				department as of the effective date of this plan: A sponsor must conduct its
				first workforce analysis, pursuant to this section, no later than 180 days
				after the effective date of this plan or within two years of the date of
				registration, whichever is later.
(b) New sponsors: A sponsor registering with
				the department after the effective date of this plan must conduct its initial
				workforce analysis pursuant to this section no later than two years after the
				date of registration.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.11 - ESTABLISHMENT OF UTILIZATION GOALS FOR RACE, SEX, AND ETHNICITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. Where, pursuant
				to
				11.2.2.10
				NMAC, a sponsor is required to establish a utilization goal for a particular
				racial, sex, or ethnic group in a major occupation group in its apprenticeship
				program, the sponsor, working with the registration agency, must establish a
				percentage goal at least equal to the availability figure derived under
				Subsection C of
				11.2.2.10
				NMAC for that major occupation group.
B. A sponsor's determination under
				11.2.2.10
				NMAC that a utilization goal is required constitutes neither a finding nor an
				admission of discrimination.
C.
				Utilization goals serve as objectives or targets reasonably attainable by means
				of applying every good faith effort to make all aspects of the entire
				affirmative action program work. Utilization goals are used to measure the
				effectiveness of the sponsor's outreach, recruitment, and retention
				efforts.
D. In establishing
				utilization goals, the following principles apply:
(1) Utilization goals may not be rigid and
				inflexible quotas, which must be met, nor are they to be considered either a
				ceiling or a floor for the selection of particular groups as apprentices.
				Quotas are expressly forbidden.
(2)
				Utilization goals may not provide a sponsor with a justification to extend a
				preference to any individual, select an individual, or adversely affect an
				individual's status as an apprentice, on the basis of that person's race, sex,
				or ethnicity.
(3) Utilization goals
				do not create set-asides for specific groups, nor are they intended to achieve
				proportional representation or equal results.
(4) Utilization goals may not be used to
				supersede eligibility requirements for apprenticeship. Affirmative action
				programs prescribed by the regulations of this part do not require sponsors to
				select a person who lacks qualifications to participate in the apprenticeship
				program successfully, or select a less-qualified person in preference to a more
				qualified one.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.12 - UTILIZATION GOALS FOR INDIVIDUALS WITH DISABILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Utilization goal:
The
				administrator of OA has established a utilization goal of seven percent for
				employment of qualified individuals with disabilities as apprentices for each
				major occupation group within which the sponsor has an apprenticeship
				program.
B.
Purpose:
The purpose of the utilization goal is to establish a benchmark against which
				the sponsor must measure the representation of individuals with disabilities in
				the sponsor's apprentice workforce by major occupation group. The goal serves
				as an equal opportunity objective that should be attainable by complying with
				all of the affirmative action requirements of this part.
C.
Periodic review of goal:
The
				administrator of OA will periodically review and update, as appropriate, the
				utilization goal.
D.
Utilization analysis:
(1)
				Purpose. The utilization analysis is designed to evaluate the representation of
				individuals with disabilities in the sponsor's apprentice workforce grouped by
				major occupation group. If individuals with disabilities are represented in the
				sponsor's apprentice workforce in any given major occupation group at a rate
				less than the utilization goal, the sponsor must take specific measures
				outlined in subsections E and F of this section.
(2) Apprentice workforce analysis
(a) Process. Sponsors are required to analyze
				the representation of individuals with disabilities within their apprentice
				workforce by occupation. This is a two-step process. First, as required in
				11.2.2.10
				NMAC, each sponsor must group all apprentices in its registered apprenticeship
				program according to the occupational titles represented in its registered
				apprenticeship program. Next, for each occupation represented, the sponsor must
				identify the number of apprentices with disabilities.
(b) Schedule of evaluation. The sponsor must
				conduct its apprentice workforce analysis at each compliance review, and again
				if and when three years have passed without a compliance review. This updated
				workforce analysis, grouped according to major occupation group, should then be
				compared to the utilization goal established under Subsection A of this
				section.
(c) Compliance date.
(i) Sponsors currently registered with the
				department: A sponsor must conduct its first workforce analysis, pursuant to
				this section, no later than 180 days after the effective date of this plan or
				within two years of the date of registration, whichever is later.
(ii) New sponsors: A sponsor registering with
				the department after the effective date of this plan must conduct its initial
				workforce analysis pursuant to this section no later than two years after the
				date of registration.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.13 - TARGETED OUTREACH, RECRUITMENT, AND RETENTION

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Minimum activities required:
Where a sponsor has found underutilization and established a utilization goal
				for a specific group or groups pursuant to
				11.2.2.11
				NMAC or where a sponsor has determined pursuant to Subsection F of
				11.2.2.12 NMAC
				that there are problem areas resulting in impediments to equal employment
				opportunity, the sponsor must undertake targeted outreach, recruitment, and
				retention activities that are likely to generate an increase in applications
				for apprenticeship and improve retention of apprentices from the targeted group
				or groups or from individuals with disabilities, as appropriate. In furtherance
				of this requirement, the sponsor must:
(1) Set
				forth in its written affirmative action plan the specific targeted outreach,
				recruitment, and retention activities it plans to take for the upcoming program
				year. Such activities must include at a minimum:
(a) Dissemination of information to
				organizations serving the underutilized group regarding the nature of
				apprenticeship, requirements for selection for apprenticeship, availability of
				apprenticeship opportunities, and the equal opportunity pledge of the sponsor.
				These organizations may include: Community-based organizations, local high
				schools, local community colleges, local vocational, career and technical
				schools, and local workforce system partners including One Stop Career
				Centers;
(b) Advertising openings
				for apprenticeship opportunities by publishing advertisements in appropriate
				media which have wide circulation in the relevant recruitment areas;
(c) Cooperation with local school boards and
				vocational education systems to develop or establish relationships with
				pre-apprenticeship programs targeting students from the underutilized group to
				prepare them to meet the standards and criteria required to qualify for entry
				into apprenticeship programs; and
(d) Establishment of linkage agreements or
				partnerships enlisting the assistance and support of pre-apprenticeship
				programs, community-based organizations, advocacy organizations, or other
				appropriate organizations, in recruiting qualified individuals for
				apprenticeship;
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.14 - REVIEW OF PERSONNEL PROCESSES

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				As part of its affirmative action program, the sponsor must, for each
				registered apprenticeship program, engage in an annual review of its personnel
				processes related to the administration of the apprenticeship program to ensure
				that the sponsor is operating an apprenticeship program free from
				discrimination based on race, color, religion, national origin, sex, sexual
				orientation, age (40 or older), genetic information, and disability. This
				annual review is required regardless of whether the sponsor is underutilized as
				described in Subsection D of
				11.2.2.10
				NMAC. The review must be a careful, thorough, and systematic one and include
				review of all aspects of the apprenticeship program at the program, industry
				and occupation level, including, but not limited to, the qualifications for
				apprenticeship, application and selection procedures, wages, outreach and
				recruitment activities, advancement opportunities, promotions, work
				assignments, job performance, rotations among all work processes of the
				occupation, disciplinary actions, handling of requests for reasonable
				accommodations, and the program's accessibility to individuals with
				disabilities (including to the use of information and communication
				technology). The sponsor must make any necessary modifications to its program
				to ensure that its obligations under this part are met.
(1)
Compliance date for current
				sponsors:
A sponsor that has a registered apprenticeship program as of
				the effective date of this regulation must comply with the obligations of
				subsection A of this section by 180 days after the effective date of this part
				or within two years of the date of registration, whichever is later.
(2)
Compliance date for new
				sponsors:
A sponsor registering with a registration agency after the
				effective date of this regulation shall comply with the obligations of
				Subsection A of this section within two years after the date of
				registration.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.15 - SELECTION OF APPRENTICES

Current through Register Vol. 35, No. 13, July 16, 2024
A. A
				sponsor's procedures for selection of apprentices must be included in the
				written plan for Standards of Apprenticeship submitted to and approved by the
				department, as required under
				11.2.3.23
				NMAC.
B. Sponsors may utilize any
				method or combination of methods for selection of apprentices, provided that
				the selection method(s) used meets the following requirements:
(1) The use of the selection procedure(s)
				must comply with the uniform guidelines on employee selection procedures
				(UGESP) (41 CFR part 60-3), including the requirements to evaluate the impact
				of the selection procedure on race, sex, and ethnic groups (Hispanic or
				Latino/non-Hispanic or Latino) and to demonstrate job-relatedness and business
				necessity for those procedures that result in adverse impact in accordance with
				the requirements of UGESP.
(2) The
				selection procedure(s) must be uniformly and consistently applied to all
				applicants and apprentices within each selection procedure utilized.
(3) The selection procedure(s) must comply
				with Title I of the ADA and EEOC's implementing regulations at Part 1630. This
				procedure(s) must not screen out or tend to screen out an individual with a
				disability or a class of individuals with disabilities, on the basis of
				disability, unless the standard, test or other selection criteria, as used by
				the program sponsor, is shown to be job-related for the position in question
				and is consistent with business necessity.
(4) The selection procedure(s) must be
				facially neutral in terms of race, color, religion, national origin, sex,
				sexual orientation, age (40 or older), genetic information, and
				disability.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.16 - INVITATION TO SELF-IDENTIFY AS AN INDIVIDUAL WITH A DISABILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Pre-offer:
(1) A sponsor
				adopting an affirmative action program pursuant to
				11.2.2.9
				NMAC must invite applicants for apprenticeship to inform the sponsor whether
				the applicant believes that he or she is an individual with a disability as
				defined in Subsection G of
				11.2.2.7
				NMAC. This invitation must be provided to each applicant when the applicant
				applies or is considered for apprenticeship. The invitation may be included
				with the application materials for apprenticeship, but must be separate from
				the application.
(2) The sponsor
				must invite an applicant to self-identify using the language and manner
				prescribed by OA and published on the OA website.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.17 - RECORDKEEPING

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General
				obligation:
Each sponsor must collect such data and maintain such
				records as the department finds necessary to determine whether the sponsor has
				complied or is complying with the requirements of this part. Such records must
				include, but are not limited to records relating to:
(1) selection for apprenticeship, including
				applications, tests and test results, interview notes, basis for selection or
				rejection, and any other records required to be maintained under
				UGESP;
(2) the invitation to
				self-identify as an individual with a disability;
(3) information relative to the operation of
				the apprenticeship program, including but not limited to job assignments in all
				components of the occupation as required under Subparagraph (d) of Paragraph
				(2) of Subsection B of
				11.2.3.23
				NMAC, promotion, demotion, transfer, layoff, termination, rates of pay, other
				forms of compensation, conditions of work, hours of work, hours of training
				provided, and any other personnel records relevant to EEO complaints filed with
				the department under
				11.2.2.19
				NMAC or with other enforcement agencies;
(4) compliance with the requirements of
				11.2.2.8
				NMAC;
(5) requests for reasonable
				accommodation; and
(6) any other
				records pertinent to a determination of compliance with these regulations, as
				may be required by the department.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 2 - JOB TRAINING › Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN › Section 11.2.2.18 - EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE REVIEWS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Conduct compliance reviews:
The department will regularly conduct EEO compliance reviews to determine if
				the sponsor maintains compliance with this part, and will also conduct EEO
				compliance reviews when circumstances so warrant. An EEO compliance review may
				consist of, but is not limited to, comprehensive analysis and evaluations of
				each aspect of the apprenticeship program through off-site reviews, such as
				desk audits of records submitted to the department, and on-site reviews
				conducted at the sponsor's establishment that may involve examination of
				records required under this part; inspection and copying of documents related
				to recordkeeping requirements of this part; and interviews with employees,
				apprentices, journeyworkers, supervisors, managers, and hiring
				officials.
B.
Notification of
				compliance review findings:
Within 45 business days of completing an EEO
				compliance review, the department must present a written notice of compliance
				review findings to the sponsor's contact person through registered or certified
				mail, with return receipt requested. If the compliance review indicates a
				failure to comply with this part, the department will so inform the sponsor in
				the notice and will set forth in the notice the following:
(1) the deficiency(ies) identified;
(2) how to remedy the
				deficiency(ies);
(3) the timeframe
				within which the deficiency(ies) must be corrected; and
(4) enforcement actions may be undertaken if
				compliance is not achieved within the required timeframe.