Chapter 50 — Chapter 50

employee. When requested to provide a reference on a former or current employee, an employer acting in good faith is immune from liability for comments about the former employee's job performance. The immunity shall not apply when the reference information supplied was knowingly …

Sections 2 through 5 [50-13-1 to 50-13-4 NMSA 1978] of this act may be cited as the "State Directory of New Hires Act". History: Laws 1997, ch. 237, § 2.

As used in the State Directory of New Hires Act: A. "employee" means a person who is an employee within the meaning of Chapter 24 of the Internal Revenue Code of 1986. It does not include an employee of a federal or state agency performing intelligence or counterintelligence func…

A. The human services department [health care authority department], acting as the state's child support enforcement agency pursuant to Title IV-D of the Social Security Act, shall, not later than October 1, 1997, establish an automated directory to be known as the state director…

The state Title IV-D agency shall impose a civil money penalty of twenty dollars ($20.00) on employers for each instance of failure to comply with the provisions of this section, unless the failure is the result of a conspiracy between the employer and the employee to not supply …

Chapter 50, Article 14 NMSA 1978 may be cited as the "Workforce Development Act". History: Laws 1999, ch. 260, § 1; 2005, ch. 111, § 3.

The purpose of the Workforce Development Act is to coordinate and maximize the effectiveness of workforce programs in New Mexico regardless of funding sources or primary administrative responsibilities. History: Laws 2005, ch. 111, § 9.

The division shall: A. provide technical, administrative and fiscal agent support to the board; B. develop a unified, comprehensive plan for streamlining and integrating employment training programs, including the consolidation of all employment training programs, into the divisi…

The chair of the board and the chairs of each of the local boards shall appoint one member from each of their respective bodies to form an ad hoc skills council that shall identify state and regional industry clusters for the coordination oversight committee of the board for the …

designation. A. The office may cooperate with the federal government in the administration of employment training and public assistance programs in which financial or other participation by the federal government is authorized or mandated under federal laws, rules or orders. B. T…

Notwithstanding any other provision of law, all agencies, institutions and political subdivisions of the state that administer employment training or public assistance programs shall, consistent with state and federal statutes, cooperate with the office in the exercise of its coo…

appropriations, equipment, supplies, records, money and contracts. On the effective date of this act: A. all staff positions and all money, appropriations, records, furniture, equipment, supplies and other property belonging to the labor department or the job training division on…

appropriations, equipment, supplies, records, money and contracts for the Individual Development Account Act. A. On July 1, 2005, all staff positions and all money, appropriations, records, furniture, equipment, supplies and other property of the local government division of the …

History: Laws 2005, ch. 111, § 25; repealed by Laws 2007, ch. 200, § 24.

As used in the Workforce Development Act [9-26-1 to 9-26-14 NMSA 1978]: A. "board" means the state workforce development board; B. "chief elected official" means the chief elected executive officer of a unit of general local government in a local area and in a case in which a loc…

A. The "state workforce development board" is created. The board consists of members appointed as provided in the federal Workforce Investment Act of 1998. B. Appointments of members shall have taken into consideration gender, ethnicity and geographic diversity. C. A vacancy on t…

A. The board shall assist the governor in: (1) developing a five-year state plan that shall be updated annually and revised in accordance with the requirements of the federal Workforce Investment Act of 1998; (2) developing and improving the statewide activities funded pursuant t…

and responsibilities. A. The governor shall designate specified local workforce development areas based on population and geographic configuration and consistent with provisions of the federal Workforce Investment Act of 1998 upon recommendation of the board and consideration of …

A. The provisions of this section apply to the extent required by the federal Workforce Investment Act of 1998. B. The membership of each youth council shall include: (1) members of the local board with interest or expertise in youth policy; representatives of youth service agenc…

History: Laws 1999, ch. 260, § 7; repealed by Laws 2005, ch. 111, § 24.

Any money received by the state pursuant to the federal Workforce Investment Act of 1998 shall be subject to appropriation by the legislature consistent with the terms and conditions required by that act. History: Laws 1999, ch. 260, § 8.

A. The "workforce transition services division" is created in the workforce solutions department. B. The division shall be the recipient of all grants from the United States pursuant to the federal Workforce Investment Act of 1998 and shall disburse those grants consistent with t…

History: Laws 2016, ch. 23, § 1; repealed by Laws 2016, ch. 23, § 8.

History: Laws 2016, ch. 23, § 2; repealed by Laws 2016, ch. 23, § 8.

History: Laws 2016, ch. 23, § 3.

History: Laws 2016, ch. 23, § 4.

History: Laws 2016, ch. 23, § 5.

History: Laws 2016, ch. 23, § 6; repealed by Laws 2016, ch. 23, § 8.

History: Laws 2016, ch. 23, § 7; repealed by Laws 2016, ch. 23, § 8.

Sections 1 through 7 [5-15-1 to 5-15-7 NMSA 1978] of this act may be cited as the "Day Laborer Act". History: Laws 2005, ch. 257, § 1.

As used in the Day Laborer Act: A. "check cashing service" means a business that for a fee offers to cash checks or other payment instruments or that advertises that it cashes checks or other payment instruments; B. "day labor" means employment that is under a contract between a …

The following agencies that provide employees on a short-term or otherwise temporary basis are exempted from complying with the provisions of the Day Laborer Act: A. business entities registered as farm labor contractors; B. temporary services employment agencies where advanced a…

A. A day labor service agency shall compensate day laborers for work performed by providing or making available commonly accepted payment instruments that are payable in cash, on demand, at a financial institution. B. At the time of payment of wages, a day labor service agency sh…

A. A check cashing service that is a day labor service agency or is operating within the office of a day labor service agency shall not charge a day laborer an amount in excess of two dollars ($2.00) for cashing a check or payment instrument that is issued by the agency. B. No fe…

A. A day labor service agency shall pay a day laborer for all hours worked or otherwise due and owed to the day laborer. Failure to pay for each day and all hours worked is a violation of the Day Laborer Act. A person who fails to pay a day laborer for work performed or time due …

A. A person who violates the provisions of the Day Laborer Act: (1) on a first offense, is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to Section 31-19-1 NMSA 1978; and (2) for a second and subsequent offense, is guilty of a misdemeanor and shall be se…

Sections 1 through 4 [50-16-1 to 50-16-4 NMSA 1978] of this act may be cited as the "Caregiver Leave Act". History: Laws 2019, ch. 177, § 1.

As used in the Caregiver Leave Act: A. "eligible employee" means, except as provided pursuant to Section 4 of the Caregiver Leave Act, an individual who is in the employ of an employer and who, in accordance with the employer's policies, is eligible to accrue sick leave; B. "empl…

A. An employer that provides eligible employees with sick leave for an eligible employee's own illness or injury or to receive health care shall permit its eligible employees to use accrued sick leave to care for their family members in accordance with the same terms and procedur…

A. The provisions of the Caregiver Leave Act shall not apply to: (1) an employee of an employer subject to the provisions of Title II of the federal Railway Labor Act or to an employer or employee as defined in either the federal Railroad Unemployment Insurance Act or the Federal…

This act [50-17-1 to 50-17-12 NMSA 1978] may be cited as the "Healthy Workplaces Act". History: Laws 2021, ch. 131, § 1.

A. A civil action may be filed in a court of competent jurisdiction for a violation of the Healthy Workplaces Act within three years from the date the alleged violation occurred; provided that the time limit to file a civil action established by this subsection shall be tolled du…

A. An employer that violates the Healthy Workplaces Act shall be liable to the affected employee: (1) for an instance of sick leave taken by an employee but unlawfully not compensated by the employer, in an amount equal to three times the wages that should have been paid or five …

The Healthy Workplaces Act provides minimum requirements pertaining to earned sick leave and shall not be construed to preempt, limit or otherwise affect the applicability of any other law, regulation, requirement, policy or standard, including collective bargaining agreements, t…

As used in the Healthy Workplaces Act: A. "division" means the labor relations division of the workforce solutions department; B. "domestic partner" means an individual with whom another individual maintains a household and a mutual committed relationship without a legally recogn…

A. Employees shall accrue a minimum of one hour of earned sick leave for every thirty hours worked; provided that employers may choose a higher accrual rate; and provided further that an employer may instead elect to grant employees the full sixty- four hours of earned sick leave…

An employer with a paid time off policy that makes available an amount of earned sick leave sufficient to meet the accrual requirements of the Healthy Workplaces Act and that may be used for at minimum the same purposes and under the same terms and conditions as that act is deeme…

A. Documentation shall not be required for sick leave, except an employer may require reasonable documentation that sick leave has been used for a covered purpose if the employee uses two or more consecutive work days of sick leave. B. Documentation signed by a health care profes…

A. An employer shall give written or electronic notice to an employee at the commencement of employment of the following: (1) the employee's right to earned sick leave; (2) the manner in which sick leave is accrued and calculated; (3) the terms of the use of earned sick leave as …

Employers shall retain for the immediately preceding forty-eight-month period records documenting hours worked by employees and earned sick leave taken by employees. History: Laws 2021, ch. 131, § 7.