A. An employer who violates or fails to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and upon conviction for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
B. A person who is convicted of a second or subsequent offense of violating or failing to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978 and shall be fined no less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) for each offense for which the person is convicted, which fine shall not be suspended, deferred or taken under advisement.
C. Each occurrence of a violation for which a person is convicted is a separate offense. Multiple violations arising from transactions with the same person or multiple violations arising from transactions with different people shall be considered separate occurrences.
D. In case the employer is a corporation, the fine provided in this section shall be assessed against the corporation as a penalty.
History: Laws 1937, ch. 109, § 11; 1941 Comp., § 57-311; 1953 Comp., § 59-3-11; 2005, ch. 257, § 8.
The 2005 amendment, effective June 17, 2005, provided in Subsection A that a person who violates or fails to comply with Sections 50-4-1 through 50-4-12 NMSA 1978 for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978; deleted the former provision, which specified the punishment for a violation of the act to be a fine of between $25 and $50 for each separate offense or imprisonment of between ten days and ninety days, or both; added Subsection B to provide the punishment of a second or subsequent offense of the act; and added Subsection C to provide that each violation is a separate offense and that multiple violations shall be considered separate occurrences.
Structure New Mexico Statutes
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-2 - Semimonthly and monthly pay days.
Section 50-4-3 - Joint adventurers.
Section 50-4-4 - Discharges [Discharged] employees.
Section 50-4-5 - Employees quitting employment.
Section 50-4-6 - Industrial disputes.
Section 50-4-7 - Unconditional payment of wages conceded to be due.
Section 50-4-8 - Duties of the labor commissioner [director]
Section 50-4-9 - Records, subpoenas, etc.
Section 50-4-10 - Forfeiture and penalties.
Section 50-4-13 - [Hours of employment; eating establishments.]
Section 50-4-14 - [Emergency cases; hours permitted; rate for excessive hours.]
Section 50-4-15 - [Uniform time for beginning work; notice of change.]
Section 50-4-16 - [Time records; inspection.]
Section 50-4-17 - [Failure to keep record or comply with act; penalty.]
Section 50-4-18 - [Disposition of fines.]
Section 50-4-19 - Declaration of state public policy.
Section 50-4-20 - Short title.
Section 50-4-21 - Definitions.
Section 50-4-22 - Minimum wages.
Section 50-4-22.1 - Temporary state preemption; saving clause.
Section 50-4-23 - Persons with a disability; minimum wage; director powers and duties.
Section 50-4-24 - Employers exempt from overtime provisions for certain employees.
Section 50-4-25 - Posting of summary of the act.
Section 50-4-26 - Enforcement; penalties; employees' remedies.
Section 50-4-26.1 - Retaliation prohibited.
Section 50-4-28 - Right of collective bargaining.
Section 50-4-29 - Relation to other laws.
Section 50-4-30 - Daily maximum hours of employment; exceptions.
Section 50-4-31 - Minimum length of hoe handles.
Section 50-4-32 - Continuing course of conduct.
Section 50-4-33 - Family child care provider collective bargaining; representation.
Section 50-4-34 - Request for access to social networking account prohibited.
Section 50-4-35 - Labor relations; union security agreements.