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 […]
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 […]
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 […]
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 […]
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.
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.
