Section 50-11-5 – Court fees and costs.
In any civil suit arising from the Employee Privacy Act, the court shall award the prevailing party court costs and reasonable attorneys’ fees. History: Laws 1991, ch. 244, § 5.
Section 50-11-6 – Mitigation of damages.
Nothing in the Employee Privacy Act shall be construed to relieve a person from the obligation to mitigate damages. History: Laws 1991, ch. 244, § 6.
Section 50-12-1 – Employer immunity from liability for references on former employee.
When requested to provide a reference on a former or current employee, an employer acting in good faith is immune from liability for comments about the former employee’s job performance. The immunity shall not apply when the reference information supplied was knowingly false or deliberately misleading, was rendered with malicious purpose or violated any civil […]
Section 50-13-1 – Short title.
Sections 2 through 5 [50-13-1 to 50-13-4 NMSA 1978] of this act may be cited as the “State Directory of New Hires Act”. History: Laws 1997, ch. 237, § 2. ANNOTATIONS Cross references. — For provisions relating to establishing a state case registry of obligors and related information and additional support enforcement procedures, see 27-1-8 […]
Section 50-10-5 – [Definitions.]
The term “sewer” as used herein shall mean any underground conduit composed of metal, concrete, clay, vitreous or other materials designed for the flowage of water or any waste product or products (including, without being limited to, storm sewers and sanitary sewers), and shall include any and all junction boxes, manholes and gutters and other […]
Section 50-10-6 – [Penalties for violation.]
Any person, firm or corporation violating this act [50-10-1 to 50-10-6 NMSA 1978] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment from one day to ten days, or by […]
Section 50-11-1 – Short title.
This act [50-11-1 to 50-11-6 NMSA 1978] may be cited as the “Employee Privacy Act”. History: Laws 1991, ch. 244, § 1. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — What is “record” within meaning of Privacy Act of 1974 (5 USCS § 552a), 121 A.L.R. Fed. 465. What is agency subject to Privacy […]
Section 50-11-2 – Definitions.
As used in the Employee Privacy Act: A. “employee” means a person that performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, and includes a person employed by the state or a political subdivision of the state; B. “employer” means a person that has one […]
Section 50-11-3 – Employers; unlawful practices.
A. It is unlawful for an employer to: (1) refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a smoker or nonsmoker, provided that the individual complies with applicable laws or policies regulating smoking on the premises […]
Section 50-11-4 – Remedies.
Any employee claiming to be aggrieved by any unlawful action of an employer pursuant to Section 3 [50-11-3 NMSA 1978] of the Employee Privacy Act may bring a civil suit for damages in any district court of competent jurisdiction. The employee may be awarded all wages and benefits due up to and including the date […]