169 sections in this chapter.
NMSA 1978, § 50-15-5 Check cashing; notice of fees
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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…
NMSA 1978, § 50-15-6 Payment for all work required; records; enforcement
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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 …
NMSA 1978, § 50-15-7 Violations; misdemeanor; penalties
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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…
NMSA 1978, § 50-16-1 Short title
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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.
NMSA 1978, § 50-16-2 Definitions
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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…
NMSA 1978, § 50-16-3 Accumulated sick leave; application to family caregiving
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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…
NMSA 1978, § 50-16-4 Exemptions
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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…
NMSA 1978, § 50-17-1 Short title
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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.
NMSA 1978, § 50-17-10 Civil actions; time limits; burdens of proof
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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…
NMSA 1978, § 50-17-11 Employer liability
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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 …
NMSA 1978, § 50-17-12 Other legal requirements
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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…
NMSA 1978, § 50-17-2 Definitions
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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…
NMSA 1978, § 50-17-3 Earned sick leave; use and accrual
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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…
NMSA 1978, § 50-17-4 More generous earned sick leave policy
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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…
NMSA 1978, § 50-17-5 Documentation
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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…
NMSA 1978, § 50-17-6 Notice and posting requirements
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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 …
NMSA 1978, § 50-17-7 Employer shall retain documentation
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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.
NMSA 1978, § 50-17-8 Exercise of rights protected; retaliation prohibited
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A. An employer shall not take or threaten any adverse action whatsoever against an employee: (1) that is reasonably likely to deter such employee from exercising or attempting to exercise a right granted pursuant to the Healthy Workplaces Act; or (2) because the employee: (a) has…
NMSA 1978, § 50-17-9 Enforcement
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A. The division shall be authorized to coordinate implementation and enforcement of the Healthy Workplaces Act and shall promulgate appropriate rules to implement that act. B. The division shall coordinate implementation and enforcement of the Healthy Workplaces Act, including: (…