A. Any employee leasing contractor who violates any provision of the Employee Leasing Act may be fined by the department for the violation in the amount of one thousand dollars ($1,000) and, if it is a continuing violation, the department may impose a fine of one thousand dollars ($1,000) for each day during which the violation continues.
B. The department may bring an action in a court of competent jurisdiction to enjoin any person from violating any provisions of the Employee Leasing Act.
C. A client, a leased employee or other person who suffers damages proximately caused by the failure of an employee leasing contractor to comply with the Employee Leasing Act may bring an action in any court of competent jurisdiction to recover the damages incurred.
D. If a person is determined to have violated the provisions of the Employee Leasing Act by the department or a court of competent jurisdiction, that person shall be liable for the expenses incurred by the department in investigating and enforcing the provisions of that act and also for reasonable attorneys' fees and costs incurred by the department in a court action.
History: Laws 1993, ch. 162, ยง 13.
Structure New Mexico Statutes
Chapter 60 - Business Licenses
Article 13A - Employee Leasing
Section 60-13A-1 - Short title.
Section 60-13A-2 - Definitions.
Section 60-13A-4 - Licensure requirements for certain employee leasing contractors.
Section 60-13A-5 - Compliance with and applicability of workers' compensation laws.
Section 60-13A-6 - Registration application; contents.
Section 60-13A-7 - Surety requirements for employee leasing contractors.
Section 60-13A-8 - Department to adopt regulations to implement act.
Section 60-13A-9 - Agreement required.
Section 60-13A-10 - Employment contributions; benefits; tax withholding.
Section 60-13A-11 - Revocation of registration; disciplinary proceedings.
Section 60-13A-12 - Criminal penalty.