Minimum Wage Act
New Mexico · Employment Law · §§ 50-4-1 to 50-4-9 · 38 sections
Overview
The Minimum Wage Act governs employee wages, hours, and basic conditions of employment, establishing a wage floor, limits on daily hours of work with defined exceptions, regular paydays, and rules for prompt payment of wages owed when a worker is discharged or quits. It requires employers to keep time and pay records available for inspection and to post a summary of its requirements, and it vests administration in a state labor official authorized to issue rules after notice and hearing, compel records by subpoena, and set special provisions such as wage authorizations for workers with disabilities. Enforcement operates through both public and private channels, including fines and penalties, wage claims that may be secured by liens and pursued in court, and a prohibition on retaliation, while separate provisions preserve collective bargaining rights and address how the act interacts with other laws.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 34 court decisions.
Most-cited authority: 893 FSUPP2D 1216 - Brubach v. City of Albuquerque
Sections covered
- § 50-4-1 NMSA 1978Definitions7 cites
- § 50-4-10 NMSA 1978Forfeiture and penalties
- § 50-4-11 NMSA 1978[Wage claims and liens to secure claims; assignment to director of the labor and industrial division for collection.]
- § 50-4-12 NMSA 1978Wage claim actions; costs; jurisdiction; representation by district attorney; appeals
- § 50-4-13 NMSA 1978[Hours of employment; eating establishments.]
- § 50-4-14 NMSA 1978[Emergency cases; hours permitted; rate for excessive hours.]
- § 50-4-15 NMSA 1978[Uniform time for beginning work; notice of change.]
- § 50-4-16 NMSA 1978[Time records; inspection.]
- § 50-4-17 NMSA 1978[Failure to keep record or comply with act; penalty.]
- § 50-4-18 NMSA 1978[Disposition of fines.]
- § 50-4-19 NMSA 1978Declaration of state public policy4 cites
- § 50-4-2 NMSA 1978Semimonthly and monthly pay days3 cites
- § 50-4-20 NMSA 1978Short title
- § 50-4-21 NMSA 1978Definitions3 cites
- § 50-4-22 NMSA 1978Minimum wages10 cites
- § 50-4-22.1 NMSA 1978Temporary state preemption; saving clause
- § 50-4-23 NMSA 1978Persons with a disability; minimum wage; director powers and duties1 cite
- § 50-4-24 NMSA 1978Employers exempt from overtime provisions for certain employees
- § 50-4-25 NMSA 1978Posting of summary of the act
- § 50-4-26 NMSA 1978Enforcement; penalties; employees' remedies4 cites
- § 50-4-26.1 NMSA 1978Retaliation prohibited
- § 50-4-27 NMSA 1978Authority of labor commissioner [director of the labor and industrial division] to promulgate rules; hearing on rules; notice; publication1 cite
- § 50-4-28 NMSA 1978Right of collective bargaining
- § 50-4-29 NMSA 1978Relation to other laws
- § 50-4-3 NMSA 1978Joint adventurers
- § 50-4-30 NMSA 1978Daily maximum hours of employment; exceptions
- § 50-4-31 NMSA 1978Minimum length of hoe handles
- § 50-4-32 NMSA 1978Continuing course of conduct
- § 50-4-33 NMSA 1978Family child care provider collective bargaining; representation
- § 50-4-34 NMSA 1978Request for access to social networking account prohibited
- § 50-4-35 NMSA 1978Labor relations; union security agreements
- § 50-4-36 NMSA 1978Workplace sexual harassment, discrimination and retaliation claims; nondisclosure agreements and certain actions prohibited
- § 50-4-4 NMSA 1978Discharges [Discharged] employees1 cite
- § 50-4-5 NMSA 1978Employees quitting employment
- § 50-4-6 NMSA 1978Industrial disputes
- § 50-4-7 NMSA 1978Unconditional payment of wages conceded to be due
- § 50-4-8 NMSA 1978Duties of the labor commissioner [director]
- § 50-4-9 NMSA 1978Records, subpoenas, etc
Enacted in other states
Arkansas, Delaware, Florida, Oklahoma, Rhode Island, Texas, Virginia, Washington
All New Mexico named statutes →
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