New Mexico Administrative Code

A. The director of the labor relations division may for cause refuse to issue a pre-authorization certificate to any project that has violated the provision of this act within a two year period. B. The director will notify the employer within 10 days from the dates requested of a…

Employers and employees within the state of New Mexico.

Article 1, Article 4, and Article 6 of Chapter 50 NMSA 1978, relating to the powers and duties of the labor commissioner and director of labor and industrial division, now known as the director of the labor relations division, in the enforcement of the employment laws of the stat…

Permanent.

November 14, 2017, unless a later date is cited at the end of a section.

The objective of this Part 4 of Title 11, Chapter 1 is to establish standards and procedures for the administration of Articles 1, 4 and 6 of Chapter 50 NMSA 1978.

A. "Certified teacher" means any person with a valid and current New Mexico teaching certificate issued by the New Mexico public education department or its equivalent in the United States. B. "Child performer" means a minor person employed to act or otherwise participate in the …

A. A work permit is ordinarily required when employing children under the age of 16. B. Work permits shall be issued only by the school superintendents, school principals, designated issuing school officers or the director or the director's designee, upon proof of age of the stud…

Labor Relations Division (LRD) of the New Mexico Department of Workforce Solutions (NMDWS).

A. Employers shall give written or electronic notice to an employee at the commencement of employment of the employee's rights to earned sick leave; the manner in which sick leave is accrued and calculated; the terms of use of earned sick leave as guaranteed by the Healthy Workpl…

Individuals may file complaints alleging violations of the Healthy Workplaces Act or these rules, including retaliation, with the division. A. Complaints must be submitted using a division-approved form. B. Complainants may complete the form on their own or have an LRD employee a…

The division's authority is limited to the enforcement of the laws of the state of New Mexico. The division does not have authority to enforce the laws of any other state. The division may close a complaint that alleges violations of the Healthy Workplaces Act for work performed …

All complaints alleging violations of the Healthy Workplaces Act must be filed with the division within three years of when the last alleged violation occurred. The division will accept complaints for investigation in which any portion of the alleged violation falls within the th…

The division will maintain the complainant's identity as confidential unless disclosure is necessary to facilitate investigation or resolve the complaint or is otherwise required by law. Prior to disclosing the complainant's identity and to the extent practicable, the division wi…

The division may close any complaint alleging violations of the Healthy Workplaces Act after the initial screening with no further investigation if the division determines that it does not have jurisdiction, it is unable to identify complainant's employer after reasonable efforts…

Within 10 business days of receipt of the complaint, the division shall send the employer a copy of the complaint form, any supporting documentation received from the complainant, and a blank response form. The initial letter shall be mailed to the last known address of the emplo…

If an employer is represented by an attorney at any time during the investigation, the attorney shall submit a written notice to the division of representation and shall also indicate in that notice whether the division may communicate with the employer directly without the attor…

The employer shall respond in writing to the initial letter regarding the complaint within 10 business days of receipt. The employer shall also provide the division with true and accurate copies of the records that are required to be maintained by the Healthy Workplaces Act with …

In its discretion, the division may interview the employer and other witnesses to obtain additional information relevant to the investigation and may issue an administrative subpoena to compel production of records necessary to conduct the investigation if such records are not vo…

Employers and employees within the state of New Mexico.

If the employer disputes the alleged violation(s) and submits relevant documentary evidence, the division shall allow the complainant an opportunity to submit a written reply to the employer's response along with additional documentation. The complainant has 10 business days from…

At any stage of the investigation, the division may schedule a settlement meeting between the parties. The division may inform the parties of its preliminary conclusions based on the evidence reviewed, including any actual or statutory damages owed to the complainant for violatio…

The division shall complete its investigation of a complaint and issue a written decision if a settlement is not reached, or if a settlement is reached but the employer fails to comply with the terms of the settlement, and a party submits a written request to the division to reop…

Although the division may, in its sole discretion, bring a civil action for violations of the Healthy Workplaces Act, the division will do so only in cases that it deems appropriate based on its enforcement priorities, including but not limited to, repeat violations by a particul…

The division may issue a subpoena compelling any witness, including but not limited to the employer and the complainant, to appear for the taking of a deposition or a recorded statement under oath, and for the production of any documents relevant to the complaint at the time that…

Section 50-17-7 NMSA 1978 requires employers to keep records documenting hours worked by employees and earned sick leave taken by employees for the 48-month period immediately preceding the date the record was created. If the division finds, during the course of its investigation…

In the event any of the rules and regulations set forth herein conflict with any applicable state law, the state law shall control.

The division may close a complainant's file and take no further action if the complainant files a separate civil action against the employer in a court of competent jurisdiction asserting the same legal claims that are the subject of the division's investigation.

A complainant or employer may request in writing a reopening of the investigation of a complaint upon a showing of good cause for doing so. Examples of good cause include, but are not limited to, failure of an employer to comply with the terms of the settlement, or the discovery …

The division may adopt standard operating procedures to provide additional instructions for its employees in the performance of their duties and responsibilities.

Section 50-17-9 NMSA 1978 authorizes the labor relations division of the workforce solutions department to coordinate implementation and enforcement of the Healthy Workplaces act and to promulgate appropriate rules to implement that act.

Permanent.

July 1, 2022, unless a later date is cited at the end of a section.

To implement the complaint process articulated in Sections 50-17-1 NMSA 1978 through 50-17-12 NMSA 1978, including a process for investigating and resolving complaints alleging violations of the Healthy Workplaces Act.

All definitions contained in Section 50-17-2 NMSA 1978 are incorporated herein by reference. Additionally, as used in these rules: A. "Frontloading" means when an employer elects to grant employees earned sick leave the employee could accrue within the year. B. "Calendar year" me…

A. An employer may voluntarily frontload earned sick leave to an employee; however, the employer may not recoup any used frontloaded leave through payroll deductions even if the employee signs a written agreement authorizing the employer to do so or if the employee is separated b…

Compliance assurance measures available to the division include the following: A. Investigations of alleged violations of the Healthy Workplaces Act upon complaints filed by individuals; B. interviews of employers, their managers and employees and any other witness who may have r…

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)

(Reserved.)