Ask a question on the site
Questions
Lawyers
Blogs
Legislation
Contacts
Become a lawyer
Login Registration
Article 1 - Labor and Industrial Commission
Section 50-1-1 - Commission created; selection, term and qualifications of members. - A. There is created a three-member "labor and industrial commission."...
Section 50-1-1.2 - Repealed. - Repeals. — Laws 1987, ch. 342, § 34 repealed 50-1-1.1...
Section 50-1-1.3 - Oath of commission members and commissioners[; bond of commissioner]. - The members of the labor and industrial commission shall before...
Section 50-1-1.4 - Meetings of labor and industrial commission; chairman; functions. - A. It shall be the duty of the labor and...
Section 50-1-1.5 - Repealed. - History: 1978 Comp., § 50-1-1.5, enacted by Laws 1979, ch....
Section 50-1-1.6 - Repealed. - Repeals. — Laws 1987, ch. 342, § 34 repealed 50-1-1.6...
Section 50-1-2 - Hearings; location; notice; conduct; witness fees; subpoenas; penalty. - The director of the labor and industrial division shall have...
Section 50-1-3 - [Powers and duties of director of the labor and industrial division.] - Said commissioner [director of the labor and industrial division] shall...
Section 50-1-4 - [Annual report of director of the labor and industrial division; contents.] - The commissioner [director of the labor and industrial division] shall...
Section 50-1-5 - [Inspections by director of the labor and industrial division; penalty for obstructing; notice; offenses of director or agents; penalties.] - Said labor commissioner [director of the labor and industrial division]...
Section 50-1-6 - [Free employment agency.] - The labor commissioner [director of the labor and industrial division]...
Section 50-1-7 - Reporting violations of labor and industrial laws. - It is the duty of the director of the labor...
Section 50-1-7.1 - Repealed. - Repeals. — Laws 1987, ch. 342, § 34 repealed 50-1-7.1...
Section 50-1-8 - [Occupations exempted from act.] - None of the provisions of this act [50-1-2 to 50-1-7,...
Section 50-1-9 - Repealed. - History: Laws 1987, ch. 333, § 2; 1993, ch. 83,...
Article 2 - Corrupt and Coercive Practices
Section 50-2-1 - Findings and policies. - A. Findings. Hearings conducted by the McClellan committee of the...
Section 50-2-2 - [Prohibited acts; picketing; coercion or intimidation; obstructing ways of entrance or egress; interfering with use of transportation facilities; damages from violation of law; injunction.] - A. It shall be unlawful for a labor organization or...
Section 50-2-3 - [Gift to representative of labor organization to influence action; solicitation; acceptance; penalty.] - A. It shall be unlawful: (1) for any person to...
Section 50-2-4 - Promise concerning union membership. - A. Every promise between any employee or prospective employee and...
Article 3 - Injunction in Labor Disputes
Section 50-3-1 - [Restrictions on granting of injunctions.] - No court nor any judge or judges thereof within the...
Section 50-3-2 - [Temporary restraining order; when issued; security for loss.] - If a complainant shall also allege that unless a temporary...
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....
Section 50-4-2 - Semimonthly and monthly pay days. - A. An employer in this state shall designate regular pay...
Section 50-4-3 - Joint adventurers. - None of the provisions of this act [50-4-1 to 50-4-12...
Section 50-4-4 - Discharges [Discharged] employees. - A. Whenever an employer discharges an employee, the unpaid wages...
Section 50-4-5 - Employees quitting employment. - Whenever an employee (not having a written contract for a...
Section 50-4-6 - Industrial disputes. - In the event of the suspension of work as the...
Section 50-4-7 - Unconditional payment of wages conceded to be due. - In case of dispute over wages, the employer shall give...
Section 50-4-8 - Duties of the labor commissioner [director] - A. It is the duty of the labor commissioner [director]...
Section 50-4-9 - Records, subpoenas, etc. - A. Every employer shall keep a true and accurate record...
Section 50-4-10 - Forfeiture and penalties. - A. An employer who violates or fails to comply with...
Section 50-4-11 - [Wage claims and liens to secure claims; assignment to director of the labor and industrial division for collection.] - The labor commissioner [director of the labor and industrial division]...
Section 50-4-12 - Wage claim actions; costs; jurisdiction; representation by district attorney; appeals. - A. In all actions brought by the director of the...
Section 50-4-13 - [Hours of employment; eating establishments.] - Any person or persons, firm, association or corporation, owning any...
Section 50-4-14 - [Emergency cases; hours permitted; rate for excessive hours.] - Nothing in Section 3 [50-4-13 NMSA 1978] of this act,...
Section 50-4-15 - [Uniform time for beginning work; notice of change.] - The beginning of the day of labor shall be uniform...
Section 50-4-16 - [Time records; inspection.] - Every employer to whom this act [50-4-13 to 50-4-18 NMSA...
Section 50-4-17 - [Failure to keep record or comply with act; penalty.] - The failure of any employer [any employer who fails] to...
Section 50-4-18 - [Disposition of fines.] - All fines collected for violation of this act [50-4-13 to...
Section 50-4-19 - Declaration of state public policy. - It is declared to be the policy of this act...
Section 50-4-20 - Short title. - Sections 50-4-19 through 50-4-30 NMSA 1978 may be cited as...
Section 50-4-21 - Definitions. - As used in the Minimum Wage Act: A. "employ" includes...
Section 50-4-22 - Minimum wages. - A. Except as provided in Subsection C of this section,...
Section 50-4-22.1 - Temporary state preemption; saving clause. - A. Except as provided in Subsection B of this section,...
Section 50-4-23 - Persons with a disability; minimum wage; director powers and duties. - A. The director of the labor and industrial division of...
Section 50-4-24 - Employers exempt from overtime provisions for certain employees. - A. An employer of workers engaged in the ginning of...
Section 50-4-25 - Posting of summary of the act. - Every employer subject to the Minimum Wage Act [50-4-19 to...
Section 50-4-26 - Enforcement; penalties; employees' remedies. - A. An employer who violates any of the provisions of...
Section 50-4-26.1 - Retaliation prohibited. - It is a violation of the Minimum Wage Act [50-4-19...
Section 50-4-27 - Authority of labor commissioner [director of the labor and industrial division] to promulgate rules; hearing on rules; notice; publication. - The state labor commissioner [director of the labor and industrial...
Section 50-4-28 - Right of collective bargaining. - Nothing in this act shall be deemed to interfere with,...
Section 50-4-29 - Relation to other laws. - Any standards relating to minimum wage, maximum hour or other...
Section 50-4-30 - Daily maximum hours of employment; exceptions. - A. No employee other than a fireman, law enforcement officer...
Section 50-4-31 - Minimum length of hoe handles. - A. An employer of agricultural laborers shall not require an...
Section 50-4-32 - Continuing course of conduct. - A civil action to enforce any provision of Chapter 50,...
Section 50-4-33 - Family child care provider collective bargaining; representation. - A. The purpose of this section is to authorize family...
Section 50-4-34 - Request for access to social networking account prohibited. - A. It is unlawful for an employer to request or...
Section 50-4-35 - Labor relations; union security agreements. - A. The purpose of this section is for the state...
Section 50-4-36 - Workplace sexual harassment, discrimination and retaliation claims; nondisclosure agreements and certain actions prohibited. - A. A private employer shall not, as a term of...
Article 4A - Promoting Financial Independence for Victims of Domestic Abuse Act
Section 50-4A-1 - Short title. - This act may be cited as the "Promoting Financial Independence...
Section 50-4A-2 - Definitions. - As used in the Promoting Financial Independence for Victims of...
Section 50-4A-3 - Domestic abuse leave required; retaliation prohibited. - An employer shall grant an employee domestic abuse leave without...
Section 50-4A-4 - Certification; verification. - A. When domestic abuse leave is taken in an emergency,...
Section 50-4A-5 - Impact of domestic abuse leave on other employee benefits. - A. For domestic abuse leave, an employee may use accrued...
Section 50-4A-6 - Confidentiality. - An employer shall not disclose verification information provided under Subsection...
Section 50-4A-7 - Enforcement. - A. The workforce solutions department is authorized to enforce the...
Section 50-4A-8 - Effect on other laws and existing employment benefits. - A. Remedies in this section are provided in addition to...
Article 5 - Employment of Women
Section 50-5-1 - Repealed. - History: Laws 1933, ch. 148, § 1; 1939, ch. 196,...
Section 50-5-2 - Repealed. - History: Laws 1933, ch. 148, § 2; 1939, ch. 196,...
Section 50-5-3 - Repealed. - History: Laws 1933, ch. 148, § 3; 1941 Comp., §...
Section 50-5-4 - Repealed. - History: Laws 1933, ch. 148, § 4; 1941 Comp., §...
Section 50-5-5 - Repealed. - History: Laws 1933, ch. 148, § 5; 1939, ch. 196,...
Section 50-5-6 - Repealed. - History: Laws 1933, ch. 148, § 6; 1941 Comp., §...
Section 50-5-7 - Repealed. - History: Laws 1933, ch. 148, § 7; 1939, ch. 196,...
Section 50-5-8 - Repealed. - History: Laws 1933, ch. 148, § 8; 1941 Comp., §...
Section 50-5-9 - Repealed. - History: Laws 1933, ch. 148, § 9; 1941 Comp., §...
Section 50-5-10 - Repealed. - History: Laws 1931, ch. 109, § 1; 1941 Comp., §...
Section 50-5-11 - Repealed. - History: Laws 1931, ch. 109, § 2; 1941 Comp., §...
Section 50-5-12 - Repealed. - History: Laws 1931, ch. 109, § 3; 1941 Comp., §...
Section 50-5-13 - Repealed. - History: Laws 1921, ch. 180, § 3; C.S. 1929, §...
Section 50-5-14 - Repealed. - History: Laws 1921, ch. 180, § 6; C.S. 1929, §...
Section 50-5-15 - Repealed. - History: Laws 1921, ch. 180, § 8; C.S. 1929, §...
Section 50-5-16 - Repealed. - History: Laws 1921, ch. 180, § 9; C.S. 1929, §...
Section 50-5-17 - Repealed. - History: Laws 1921, ch. 180, § 10; C.S. 1929, §...
Article 6 - Employment of Children
Section 50-6-1 - Children under fourteen; employment prohibited. - No child under fourteen years of age shall be employed...
Section 50-6-1.1 - Short title. - Chapter 50, Article 6 NMSA 1978 may be cited as...
Section 50-6-2 - Work permit for children fourteen to sixteen. - A child over the age of fourteen years and under...
Section 50-6-3 - Maximum hours for children fourteen to sixteen. - A. Children over the age of fourteen and under the...
Section 50-6-4 - Prohibited occupations for children under sixteen; exceptions. - A. A child under the age of sixteen years shall...
Section 50-6-5 - Prohibited occupations for children under eighteen. - No child under the age of eighteen years shall be...
Section 50-6-6 - Repealed. - History: Laws 1925, ch. 79, § 7; C.S. 1929, §...
Section 50-6-7 - Work permit; issuance; authorized officials; application; contents; proof; copies; maximum term. - A. Work permits shall be issued only by the school...
Section 50-6-8 - Renewal of work permits. - The officer authorized to issue work permits may renew a...
Section 50-6-9 - Employer's records; form of permits. - Whenever any child is employed or permitted to labor at...
Section 50-6-10 - Inspection of work permits, records and premises by the labor and industrial division of the labor department. - All work permits and records and the premises where children...
Section 50-6-11 - [Habitual presence of child under sixteen at a place of work during school hours; prima facie evidence of employment.] - The frequent presence of any child under sixteen years of...
Section 50-6-12 - Penalties. - A. A person who employs a child, or who is...
Section 50-6-13 - District court jurisdiction. - The district courts are hereby given original jurisdiction in all...
Section 50-6-14 - State child labor inspector; appointment; direction; qualifications. - There shall be a "state child labor inspector", appointed by...
Section 50-6-15 - Repealed. - History: 1953 Comp., § 59-6-15.1, enacted by Laws 1963, ch....
Section 50-6-16 - Repealed. - History: 1953 Comp., § 59-6-16, enacted by Laws 1959, ch....
Section 50-6-17 - Exceptions. - A. A child under the age of sixteen may be...
Section 50-6-18 - Children working in the performing arts. - A. For the purposes of this section, a "performer" means...
Section 50-6-19 - Children employed in the performing arts; trust account; requirements. - A. Whenever a child is employed in the performing arts,...
Article 7 - Apprenticeship
Section 50-7-1 - Declaration of policy. - It is declared to be the policy of this act...
Section 50-7-2 - Definitions. - As used in this act [50-7-1 to 50-7-4, 50-7-7 NMSA...
Section 50-7-3 - Apprenticeship council. - An "apprenticeship council", hereinafter referred to as the council, shall...
Section 50-7-4 - Duties of the council. - The council shall formulate standards to safeguard the welfare of...
Section 50-7-4.1 - Administration. - The commissioner of labor shall appoint a director of apprenticeship...
Section 50-7-6 - Repealed. - Repeals. — Laws 1979, ch. 204, § 15, repealed 50-7-5...
Section 50-7-7 - Limitation. - A. This act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978] does...
Article 8 - National Employment System
Section 50-8-1 - [Acceptance of federal act.] - The state of New Mexico hereby accepts the provisions of...
Section 50-8-2 - Agency of state for purpose of federal act. - The employment security department is hereby designated and constituted the...
Article 9 - Occupational Health and Safety
Section 50-9-1 - Short title. - Sections 50-9-1 through 50-9-25 NMSA 1978 may be cited as...
Section 50-9-2 - Purpose. - It is the purpose of the Occupational Health and Safety...
Section 50-9-2.1 - Legislative findings. - The legislature finds that: A. the proliferation of hazardous chemicals...
Section 50-9-3 - Definitions. - As used in the Occupational Health and Safety Act: A....
Section 50-9-4 - State occupational health and safety agency. - The department is the state occupational health and safety agency...
Section 50-9-5 - Employer and employee duties. - A. Every employer shall furnish to each of his employees...
Section 50-9-5.1 - Employer duties; hazardous chemicals. - A. All incoming containers labeled as hazardous shall be subject...
Section 50-9-6 - Training; assistance; consultation; research. - A. The department shall provide for the establishment and supervision...
Section 50-9-7 - Duties and powers of the board. - A. The board shall promulgate regulations that are and will...
Section 50-9-8 - Duties and powers of the department. - The department shall: A. prevent or abate detriment to the...
Section 50-9-9 - Occupational health and safety review commission; creation; organization. - A. The occupational health and safety review commission is hereby...
Section 50-9-10 - Right of entry and inspection; complaints; consultation; notification. - A. In order to carry out the purposes of the...
Section 50-9-11 - Reports and record keeping by employers. - A. An employer shall keep such records and make such...
Section 50-9-12 - Adoption of regulations; notice and hearing. - A. Any person may recommend or propose regulations to the...
Section 50-9-13 - Adopting standards by reference. - In the event the board wishes to adopt regulations that...
Section 50-9-14 - Emergency procedures. - A. The district courts shall have jurisdiction, upon petition of...
Section 50-9-15 - Validity of regulation; variance determination; judicial review. - A. Any person who is or may be affected by...
Section 50-9-16 - Variances; temporary variances. - A. The department may grant an individual variance from any...
Section 50-9-17 - Enforcement; appeals. - A. If as a result of investigation the department has...
Section 50-9-18 - Subpoena power. - In connection with investigations or enforcement hearings conducted under the...
Section 50-9-19 - Accident reports and records. - A. Every employer shall keep records and submit reports of...
Section 50-9-20 - Coordination. - For the purpose of carrying out the provisions of the...
Section 50-9-21 - Civil actions; admissibility as evidence; confidentiality of trade secrets. - A. Nothing in the Occupational Health and Safety Act shall...
Section 50-9-22 - Preemption. - A. Nothing in the Occupational Health and Safety Act shall...
Section 50-9-23 - Limitation on applicability of the act to certain employers and their employees. - The Occupational Health and Safety Act and regulations promulgated under...
Section 50-9-24 - Penalties. - A. Any employer who willfully or repeatedly violates any provision...
Section 50-9-25 - Discrimination. - A. No person or employer shall discharge or in any...
Article 10 - Sewer Gas
Section 50-10-1 - [Permitting entry into sewer line without testing atmosphere unlawful; detection of flammable gas or vapor; entry without adequate ventilation unlawful.] - It shall be unlawful for any person, firm or corporation...
Section 50-10-2 - [Testing atmosphere in sewer line; time and frequency.] - The requirements of Section 1 [50-10-1 NMSA 1978] shall be...
Section 50-10-3 - [Detection of flammable gas or vapor; danger suspected; entry without cautioning against use of exposed flame or creation of electrical spark unlawful.] - In the event that the presence of flammable gas or...
Section 50-10-4 - [Safety measures and devices; duty of employer to supply.] - Nothing herein shall be construed to relieve any person, firm...
Section 50-10-5 - [Definitions.] - The term "sewer" as used herein shall mean any underground...
Section 50-10-6 - [Penalties for violation.] - Any person, firm or corporation violating this act [50-10-1 to...
Article 11 - Employee Privacy
Section 50-11-1 - Short title. - This act [50-11-1 to 50-11-6 NMSA 1978] may be cited...
Section 50-11-2 - Definitions. - As used in the Employee Privacy Act: A. "employee" means...
Section 50-11-3 - Employers; unlawful practices. - A. It is unlawful for an employer to: (1) refuse...
Section 50-11-4 - Remedies. - Any employee claiming to be aggrieved by any unlawful action...
Section 50-11-5 - Court fees and costs. - In any civil suit arising from the Employee Privacy Act,...
Section 50-11-6 - Mitigation of damages. - Nothing in the Employee Privacy Act shall be construed to...
Article 12 - Employer Immunity for Employee References
Section 50-12-1 - Employer immunity from liability for references on former employee. - When requested to provide a reference on a former or...
Article 13 - State Directory of New Hires
Section 50-13-1 - Short title. - Sections 2 through 5 [50-13-1 to 50-13-4 NMSA 1978] of...
Section 50-13-2 - Definitions. - As used in the State Directory of New Hires Act:...
Section 50-13-3 - State directory of new hires. - A. The human services department, acting as the state's child...
Section 50-13-4 - Penalties. - The state Title IV-D agency shall impose a civil money...
Article 14 - Workforce Development
Section 50-14-1 - Short title. - Chapter 50, Article 14 NMSA 1978 may be cited as...
Section 50-14-1.1 - Purpose. - The purpose of the Workforce Development Act is to coordinate...
Section 50-14-2 - Definitions. - As used in the Workforce Development Act [9-26-1 to 9-26-14...
Section 50-14-3 - State workforce development board. - A. The "state workforce development board" is created. The board...
Section 50-14-4 - Duties of the board. - A. The board shall assist the governor in: (1) developing...
Section 50-14-5 - Local workforce development areas; local boards; duties and responsibilities. - A. The governor shall designate specified local workforce development areas...
Section 50-14-6 - Youth councils; membership; duties. - A. The provisions of this section apply to the extent...
Section 50-14-7 - Repealed. - History: Laws 1999, ch. 260, § 7; repealed by Laws...
Section 50-14-8 - Legislative powers. - Any money received by the state pursuant to the federal...
Section 50-14-9 - Workforce transition services division. - A. The "workforce transition services division" is created in the...
Section 50-14-10 - Division; duties. - The division shall: A. provide technical, administrative and fiscal agent...
Section 50-14-11 - Skills council. - The chair of the board and the chairs of each...
Section 50-14-12 - Cooperation with federal government; agency designation. - A. The office may cooperate with the federal government in...
Section 50-14-13 - Agency cooperation. - Notwithstanding any other provision of law, all agencies, institutions and...
Section 50-14-14 - Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts. - On the effective date of this act: A. all staff...
Section 50-14-15 - Temporary provision; transfer of personnel, appropriations, equipment, supplies, records, money and contracts for the Individual Development Account Act. - A. On July 1, 2005, all staff positions and all...
Section 50-14-16 - Repealed. - History: Laws 2005, ch. 111, § 25; repealed by Laws...
Article 14A - Rapid Workforce Development
Section 50-14A-1 - Short title. (Repealed effective July 1, 2024.) - This act [50-14A-1 to 50-14A-7 NMSA 1978] may be cited...
Section 50-14A-2 - Purpose. (Repealed effective July 1, 2024.) - The purpose of the Rapid Workforce Development Act is to...
Section 50-14A-3 - Definitions. (Repealed effective July 1, 2024.) - As used in the Rapid Workforce Development Act: A. "board"...
Section 50-14A-4 - Rapid workforce development board created; membership. (Repealed effective July 1, 2024.) - The "rapid workforce development board" is created. The board is...
Section 50-14A-5 - Rapid workforce development fund created. (Repealed effective July 1, 2024.) - The "rapid workforce development fund" is created in the state...
Section 50-14A-6 - Board member powers and duties. (Repealed effective July 1, 2024.) - A. Members are entitled to be reimbursed pursuant to the...
Section 50-14A-7 - Termination of agency life; delayed repeal. (Repealed effective July 1, 2024.) - The board is terminated on July 1, 2023 pursuant to...
Article 15 - Day Laborer
Section 50-15-1 - Short title. - Sections 1 through 7 [5-15-1 to 5-15-7 NMSA 1978] of...
Section 50-15-2 - Definitions. - As used in the Day Laborer Act: A. "check cashing...
Section 50-15-3 - Exemptions. - The following agencies that provide employees on a short-term or...
Section 50-15-4 - Day labor service agency; third-party employer; duties. - A. A day labor service agency shall compensate day laborers...
Section 50-15-5 - Check cashing; notice of fees. - A. A check cashing service that is a day labor...
Section 50-15-6 - Payment for all work required; records; enforcement. - A. A day labor service agency shall pay a day...
Section 50-15-7 - Violations; misdemeanor; penalties. - A. A person who violates the provisions of the Day...
Article 16 - Caregiver Leave
Section 50-16-1 - Short title. - Sections 1 through 4 [50-16-1 to 50-16-4 NMSA 1978] of...
Section 50-16-2 - Definitions. - As used in the Caregiver Leave Act: A. "eligible employee"...
Section 50-16-3 - Accumulated sick leave; application to family caregiving. - A. An employer that provides eligible employees with sick leave...
Section 50-16-4 - Exemptions. - A. The provisions of the Caregiver Leave Act shall not...
Article 17 - Healthy Workplaces
Section 50-17-1 - Short title. (Effective July 1, 2022.) - This act [50-17-1 to 50-17-12 NMSA 1978] may be cited...
Section 50-17-2 - Definitions. (Effective July 1, 2022.) - As used in the Healthy Workplaces Act: A. "division" means...
Section 50-17-3 - Earned sick leave; use and accrual. (Effective July 1, 2022.) - A. Employees shall accrue a minimum of one hour of...
Section 50-17-4 - More generous earned sick leave policy. (Effective July 1, 2022.) - An employer with a paid time off policy that makes...
Section 50-17-5 - Documentation. (Effective July 1, 2022.) - A. Documentation shall not be required for sick leave, except...
Section 50-17-6 - Notice and posting requirements. (Effective July 1, 2022.) - A. An employer shall give written or electronic notice to...
Section 50-17-7 - Employer shall retain documentation. (Effective July 1, 2022.) - Employers shall retain for the immediately preceding forty-eight-month period records...
Section 50-17-8 - Exercise of rights protected; retaliation prohibited. (Effective July 1, 2022.) - A. An employer shall not take or threaten any adverse...
Section 50-17-9 - Enforcement. (Effective July 1, 2022.) - A. The division shall be authorized to coordinate implementation and...
Section 50-17-10 - Civil actions; time limits; burdens of proof. (Effective July 1, 2022.) - A. A civil action may be filed in a court...
Section 50-17-11 - Employer liability. (Effective July 1, 2022.) - A. An employer that violates the Healthy Workplaces Act shall...
Section 50-17-12 - Other legal requirements. (Effective July 1, 2022.) - The Healthy Workplaces Act provides minimum requirements pertaining to earned...