The labor commissioner [director of the labor and industrial division] shall have power and authority to take assignments of wage claims, of employees against employers, and shall also have power to take assignments of liens upon real or personal property securing the claims of employees and laborers, and shall have power and authority to prosecute actions for the collection of such claims and for the foreclosure of liens of such persons securing such claims of persons, who, in the judgment of the labor commissioner [director], are entitled to the services of the labor commissioner [director], and who, in his judgment, have claims or liens or both which are valid and enforceable in the courts. In cases where the commissioner [director] has taken assignments of labor claims which are lienable under the lien laws of the state of New Mexico he shall have power to join any number of claimants in one statement of claim or lien, and in case of suit to join any number of claimants in one cause of action.
History: Laws 1937, ch. 109, § 12; 1941 Comp., § 57-312; Laws 1945, ch. 48, § 1; 1953 Comp., § 59-3-12.
Bracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes. — Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".
Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".
Cross references. — For actions by employees under Minimum Wage Act, see 50-4-26 NMSA 1978.
For acknowledgements for wage and salary assignments, see 14-13-11 NMSA 1978.
For joinder of claims, see Rule 1-018 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4494.
Assignability of statutory claim against employer for nonpayment, 48 A.L.R.2d 1385.
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.