It is declared to be the policy of this act (1) to establish minimum wage and overtime compensation standards for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage and overtime compensation standards which are adequate to maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hours standards which do not provide adequate standards of living.
History: 1953 Comp., § 59-3-20, enacted by Laws 1955, ch. 200, § 1.
Compiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26, 50-4-28, 50-4-29 NMSA 1978.
Cross references. — For minimum wages on public works, see 13-4-11 to 13-4-17 NMSA 1978.
Act not preempted by federal law or collective bargaining agreement. — New Mexico Minimum Wage Act (Section 50-4-19 NMSA 1978 et seq.) claims brought by union workers covered by a collective bargaining agreement were not preempted by Section 301 of the Labor Management Act, 29 U.S.C. § 185 and were not preempted by the remedies provided by the agreement; the claims were based on non-negotiable state law rights which could be resolved independently of the labor agreement. Self v. UPS, 1998-NMSC-046, 126 N.M. 396, 970 P.2d 582.
Minimum wage ordinance. — Minimum wage ordinance enacted by City of Santa Fe is within the power of the city to enact and is constitutional. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
A home rule municipality may set a minimum wage higher than that required by the state Minimum Wage Act because of the independent powers possessed by municipalities in New Mexico and the absence of any conflict with state law. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
Act permits home rule ordinances. — Municipal power to set minimum wage higher than that of Minimum Wage Act is not "expressly denied by general law" within the meaning of the home rule amendment. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
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.