New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 6 - DAY LABORERS › Part 3 - DAY LABOR COMPLAINTS AND PENALTIES › Section 11.6.3.8 - DAY LABOR ACT COMPLAINTS AND PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
A. Complaint forms alleging a violation of
				the Day Laborer Act are available at the Department of Workforce Solutions, 625
				Silver Ave SW Suite 410 Albuquerque, NM 87102, and on the department of
				workforce solutions website (
www.dws.state.nm.us
), in English and
				Spanish.
B. Day Laborer Act
				complaint forms should be completed in English or Spanish, signed and returned
				to the Department Of Workforce Solutions, 625 Silver Ave SW Suite 410,
				Albuquerque, NM 87102.
C. Upon
				receiving a complaint of a violation of the act containing sufficient
				information, the department of workforce solutions will notify the affected
				employer of the day laborer claim filed against him/her or violation(s) of the
				act and allow ten (10) business days for him/her to file a written response. If
				the day labor service agency or third party employer does not respond, a
				finding will be made in favor of the complainant or the department. If the day
				labor service agency or third party employer disputes the claim, his/her
				written response will be given to the day laborer or the department, who will
				be allowed ten (10) business days in which to rebut the claim in
				writing.
D. A department of
				workforce solutions administrative law judge ALJ(s) may schedule an
				administrative hearing when, in their judgment, it would facilitate resolution
				of the complaint. The conduct of the hearing is governed by the procedures
				described in NMSA 1978,
				50-1-2
				and pursuant regulations.
E. The
				ALJ(s) may issue a subpoena duces tecum to compel the production of records
				they believe are necessary for the resolution of the complaint.
F. In every case in which a hearing has been
				completed, or in which the pleadings are sufficiently complete and a hearing is
				deemed unnecessary, or whenever they otherwise have sufficient evidence upon
				which to base their determination, the ALJ(s) will issue a written decision as
				to whether the Day Labor Act has been violated. In light of the transitory
				nature of day labor, the division will strive to complete determinations as
				quickly as possible, and no later than sixty (60) days after completion of the
				hearing or after a determination is made that the evidence is otherwise
				sufficient, unless good cause exists.
G. The ALJ(s) may, upon receipt of written
				assignment by the day laborer and pursuant to the discretion of the director,
				file complaints in any magistrate or metropolitan court in the state in order
				to resolve wage disputes or correct violations arising under Chapter 50 of the
				New Mexico state statutes, when in the ALJ(s) judgment it is appropriate for
				the resolution of the claim.
H. The
				ALJ(s) may, upon receipt of written assignment by the day laborer and pursuant
				to the discretion of the director, file a proof of claim on behalf of a day
				laborer in any U.S. bankruptcy court, when in the ALJ(s) judgment it is
				appropriate for the resolution of the claim.
I. The director of the department of
				workforce solutions, or his or her designee, shall, when satisfied as to the
				justice of any claim, cooperate with any employee in the enforcement of any
				claim against his employer, and refer violations of the Day Labor Act to the
				district attorneys office of the district in which the violation occurred for
				criminal prosecution, pursuant to NMSA
				50-1-7.