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Home » US Law » 2021 New Mexico Statutes » Chapter 50 - Employment Law » Article 4 - Labor Conditions; Payment of Wages

Section 50-4-1 – Definitions.

Whenever used in Sections 50-4-1 through 50-4-12 NMSA 1978: A. “employer” includes every person, firm, partnership, association, corporation, receiver or other officer of the court of this state and any agent or officer of any of the above-mentioned classes employing any person in this state, except employers of livestock and agricultural labor; and B. “wages” […]

Section 50-4-10 – Forfeiture and penalties.

A. An employer who violates or fails to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and upon conviction for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978. B. A person who is convicted of a second or subsequent offense of violating or […]

Section 50-4-13 – [Hours of employment; eating establishments.]

Any person or persons, firm, association or corporation, owning any hotel, restaurant, cafe or eating house within this state, shall not be allowed to cause any male employee therein to labor more than ten hours in any twenty-four hours of any one day, nor more than seventy hours in any one week of seven days. […]

Section 50-4-15 – [Uniform time for beginning work; notice of change.]

The beginning of the day of labor shall be uniform as provided for by the rules or regulations governing to [the] place of employment; provided, however, that in case any change in the time of the beginning of the day of labor is desired, it shall be the duty of the management of such an […]

Section 50-4-16 – [Time records; inspection.]

Every employer to whom this act [50-4-13 to 50-4-18 NMSA 1978] applies shall be required to keep a time record showing the number of hours each male employee worked each day. Such record shall be open at all reasonable hours to the inspection of the state labor commissioner [director of the labor and industrial division], […]

Section 50-4-17 – [Failure to keep record or comply with act; penalty.]

The failure of any employer [any employer who fails] to keep such a record, or [makes] any false entry therein, or the failure [fails] to comply with the provisions of this act [50-4-13 to 50-4-18 NMSA 1978], shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than seventy-five dollars […]

Section 50-4-18 – [Disposition of fines.]

All fines collected for violation of this act [50-4-13 to 50-4-18 NMSA 1978] shall be deposited with the state treasurer, and be covered in the free textbook fund. History: Laws 1933, ch. 149, § 8; 1941 Comp., § 57-319; 1953 Comp., § 59-3-19. ANNOTATIONS

Section 50-4-19 – Declaration of state public policy.

It is declared to be the policy of this act (1) to establish minimum wage and overtime compensation standards for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage and overtime compensation standards which are adequate to maintain the health, efficiency and general well-being of […]

Section 50-4-2 – Semimonthly and monthly pay days.

A. An employer in this state shall designate regular pay days, not more than sixteen days apart, as days fixed for the payment of wages to all employees paid in this state. The employer shall pay for services rendered from the first to the fifteenth days, inclusive, of any calendar month by the twenty-fifth day […]

Section 50-4-20 – Short title.

Sections 50-4-19 through 50-4-30 NMSA 1978 may be cited as the “Minimum Wage Act”. History: 1953 Comp., § 59-3-20.1, enacted by Laws 1963, ch. 227, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — Who is employed in “executive capacity” within exemption, under 29 USCS § 213(a)(1), from minimum wage and maximum hours […]

Section 50-4-21 – Definitions.

As used in the Minimum Wage Act: A. “employ” includes suffer or permit to work; B. “employer” includes any individual, partnership, association, corporation, business trust, legal representative or organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an […]

Section 50-4-22 – Minimum wages.

A. Except as provided in Subsection C of this section, an employer shall pay to an employee a minimum wage rate of: (1) prior to January 1, 2020, at least seven dollars fifty cents ($7.50) an hour; (2) beginning January 1, 2020 and prior to January 1, 2021, at least nine dollars ($9.00) an hour; […]

Section 50-4-22.1 – Temporary state preemption; saving clause.

A. Except as provided in Subsection B of this section, cities, counties, home rule municipalities and other political subdivisions of the state shall not adopt or continue in effect any law or ordinance that would mandate a minimum wage rate higher than that set forth in the Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978]. […]

Section 50-4-23 – Persons with a disability; minimum wage; director powers and duties.

A. The director of the labor and industrial division of the labor department, to the extent necessary in order to prevent curtailment of opportunities for employment, shall, by regulation, provide for the employment under special certificates of individuals, including individuals employed in agriculture, whose earning or productive capacity is impaired by physical or mental disability […]

Section 50-4-25 – Posting of summary of the act.

Every employer subject to the Minimum Wage Act [50-4-19 to 5-4-30 NMSA 1978] shall keep a summary of it, furnished by the labor commissioner [director of the labor and industrial division] without charge, posted in a conspicuous place on or about the premises wherein any person subject to the Minimum Wage Act is employed, and […]

Section 50-4-26 – Enforcement; penalties; employees’ remedies.

A. An employer who violates any of the provisions of the Minimum Wage Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. The director of the labor relations division of the workforce solutions department shall enforce and prosecute violations of the Minimum […]