In case of dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the times fixed by this act [50-4-1 to 50-4-12 NMSA 1978]. The acceptance by the employee of any payment so made, shall not constitute a release as to the balance of his claim. The provisions of Section 4 [50-4-4 NMSA 1978] shall not be applicable in cases arising under this section, except as herein provided.
History: Laws 1937, ch. 109, § 7; 1941 Comp., § 57-307; 1953 Comp., § 59-3-7.
Failure to comply with statutory conditions. — An employer failed to comply with statutory conditions since it did not pay the amount conceded to be due employees within the times required by Section 50-4-4 NMSA and since it could not show that it gave written notice of the amount conceded to be due as required by this section; giving a payroll check to the employees for undisputed wages did not satisfy the latter requirement. Wolf v. Sam's Town Furniture Co., 1995-NMCA-114, 120 N.M. 603, 904 P.2d 52.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4196 et seq.
Validity, construction, and effect of state laws requiring payment of wages on discharge of employee immediately or within specified period, 18 A.L.R.5th 577.
Reexhaustion of arbitration procedure as appropriate course for resolving backpay issues arising as a result of resolution of grievance, 59 A.L.R. Fed. 501.
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.