Section 60-13A-1 – Short title.
This act [60-13A-1 to 60-13A-14 NMSA 1978] may be cited as the “Employee Leasing Act”. History: Laws 1993, ch. 162, § 1.
Section 60-13A-10 – Employment contributions; benefits; tax withholding.
An employee leasing contractor shall provide any benefits required by law to be provided employees by employers. The contractor shall provide to the department proof of any required insurance benefits prior to registration or renewal of registration. History: Laws 1993, ch. 162, § 10.
Section 60-13A-11 – Revocation of registration; disciplinary proceedings.
A. In accordance with the procedures contained in the Uniform Licensing Act [61-1-1 to 61-1-31 NMSA 1978], the department may revoke the registration of any employee leasing contractor upon grounds that the contractor: (1) is guilty of fraud, deception or misrepresentation in procuring registration under the Employee Leasing Act; (2) has willfully or negligently violated […]
Section 60-13A-12 – Criminal penalty.
Any person doing business in this state as an employee leasing contractor without being registered as required under the Employee Leasing Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1993, ch. 162, § 12.
Section 60-13A-13 – Civil penalties and remedies.
A. Any employee leasing contractor who violates any provision of the Employee Leasing Act may be fined by the department for the violation in the amount of one thousand dollars ($1,000) and, if it is a continuing violation, the department may impose a fine of one thousand dollars ($1,000) for each day during which the […]
Section 60-13A-14 – Disclosure to clients required.
An employee leasing contractor shall disclose to a client the services to be rendered by the contractor, the costs of those services and a description of the respective rights and obligations of the parties prior to entering into an employee leasing arrangement with the client. History: Laws 1993, ch. 162, § 14. ANNOTATIONS Severability. — […]
Section 60-13A-2 – Definitions.
As used in the Employee Leasing Act: A. “applicant” means a person applying for registration as an employee leasing contractor; B. “client” means a person who obtains workers through an employee leasing arrangement; C. “department” means the regulation and licensing department; D. “employee leasing arrangement” means any arrangement in which a client contracts with an […]
Section 60-13A-3 – Registration as an employee leasing contractor required as condition to do business in the state.
A. No person shall do business in the state as an employee leasing contractor unless the person is registered with the department. B. Registration shall be renewed annually. The renewal date shall be the first day of the month one year after the month in which the initial registration occurred. C. Applications for initial registration […]
Section 60-13A-4 – Licensure requirements for certain employee leasing contractors.
An existing employee leasing contractor domiciled in New Mexico as of September 30, 1993 shall be issued an employee leasing contractor’s license upon application. History: Laws 1993, ch. 162, § 4; 1995, ch. 24, §1. ANNOTATIONS The 1995 amendment, effective June 16, 1995, rewrote the section.
Section 60-13A-5 – Compliance with and applicability of workers’ compensation laws.
A. Every employee leasing contractor shall comply with the provisions of Section 52-1-4 NMSA 1978, and that compliance shall be a condition precedent to initial registration. Failure to maintain compliance with the cited law shall result in the immediate revocation of any registration or license held by the noncomplying employee leasing contractor in addition to […]
Section 60-13A-6 – Registration application; contents.
A. An application for registration as an employee leasing contractor shall be signed by an individual for the applicant and verified by the applicant under oath before a notary public. It shall contain: (1) the applicant’s full name, the title of the applicant’s position with the employee leasing contractor and a statement that the applicant […]
Section 60-13A-7 – Surety requirements for employee leasing contractors.
A. An employee leasing contractor domiciled and registered in New Mexico as of September 30, 1993 shall file and maintain with the department a surety bond in the amount of twenty-five thousand dollars ($25,000) issued by an insurance company authorized to do business in this state. An employee leasing contractor domiciled and registered in New […]
Section 60-13A-8 – Department to adopt regulations to implement act.
The department shall adopt regulations to implement the provisions of the Employee Leasing Act. History: Laws 1993, ch. 162, § 8.
Section 60-13A-9 – Agreement required.
The employment relationship between the client and the leased workers shall be established by written agreement between the employee leasing contractor and the client. Written notice of the employment relationship and of compliance with the requirements of Section 52-1-4 NMSA 1978 shall be given by the contractor to each leased worker. History: Laws 1993, ch. […]