Chapter 50, Chapter 50

In the event of the suspension of work as the result of an industrial dispute, the wages and compensation earned and unpaid at the time of such suspension shall become due and payable at the next payday as provided in Section 2 [50-4-2 NMSA 1978] of this act, including, without a…

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…

A. It is the duty of the labor commissioner [director] to investigate any violations of Sections 50-4-1 through 50-4-12 NMSA 1978 and to institute or cause to be instituted actions for the enforcement of the same. The labor commissioner [director] may hold hearings to satisfy him…

A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer shall keep such records on file for at least one year after the entry of the record. B. The labor commissioner [director of the labor and industrial division] and…

This act may be cited as the "Promoting Financial Independence for Victims of Domestic Abuse Act". History: Laws 2009, ch. 14, § 1.

As used in the Promoting Financial Independence for Victims of Domestic Abuse Act: A. "domestic abuse" has the same meaning as it does in the Family Violence Protection Act [Chapter 40, Article 13 NMSA 1978]; B. "domestic abuse leave" means intermittent paid or unpaid leave time …

An employer shall grant an employee domestic abuse leave without interfering with, restraining or denying exercise of rights under the Promoting Financial Independence for Victims of Domestic Abuse Act or attempting to do so. Retaliation against an employee for using domestic abu…

A. When domestic abuse leave is taken in an emergency, the employee or the employee's designee shall give notice to the employer within twenty-four hours of commencing the domestic abuse leave. B. An employer may require verification of the need for domestic abuse leave, and, if …

benefits. A. For domestic abuse leave, an employee may use accrued sick leave or other available paid time off, compensatory time or unpaid leave time consistent with the employer's policies. B. To the extent permitted by law, an employer shall not withhold pay, health coverage i…

An employer shall not disclose verification information provided under Subsection B of Section 4 [50-4A-4 NMSA 1978] of the Promoting Financial Independence for Victims of Domestic Abuse Act and shall maintain confidentiality of the fact that the employee or employee's family mem…

A. The workforce solutions department is authorized to enforce the Promoting Financial Independence for Victims of Domestic Abuse Act and to investigate complaints made by persons who claim to be aggrieved pursuant to the provisions of that act. B. The workforce solutions departm…

A. Remedies in this section are provided in addition to other common law, federal or state remedies. B. Nothing in the Promoting Financial Independence for Victims of Domestic Abuse Act shall supersede any provision of law or contract that provides greater rights than the rights …

No child under fourteen years of age shall be employed or permitted to labor at any gainful occupation unless otherwise provided for in the Child Labor Act [Chapter 50, Article 6 NMSA 1978]. History: Laws 1925, ch. 79, § 1; C.S. 1929, § 80-106; 1941 Comp., § 57-501; 1953 Comp., §…

Chapter 50, Article 6 NMSA 1978 may be cited as the "Child Labor Act". History: Laws 2007, ch. 257, § 1.

labor and industrial division of the labor department. All work permits and records and the premises where children are employed are subject to inspection by representatives of the labor and industrial division of the labor department. The director of the division may, for cause,…

during school hours; prima facie evidence of employment.] The frequent presence of any child under sixteen years of age, during school hours, at any place where workers are at work more or less habitually shall be prima facie evidence that such child is unlawfully engaged in labo…

A. A person who employs a child, or who is the parent, guardian or custodian of a child, and who permits that child to be employed in violation of any of the provisions of the Child Labor Act is guilty of a petty misdemeanor. Each violation of the Child Labor Act constitutes a se…

The district courts are hereby given original jurisdiction in all cases of violations of the provisions of the Child Labor Act. History: Laws 1925, ch. 79, § 14; C.S. 1929, § 80-119; 1941 Comp., § 57-514; 1953 Comp., § 59-6-14; 2007, ch. 257, § 13.

qualifications. There shall be a "state child labor inspector", appointed by and subject to the director of the labor and industrial division of the labor department. The inspector must be qualified by special training and experience for this work and must pass a satisfactory exa…

A. A child under the age of sixteen may be employed without obtaining a work permit and without the restrictions on the age of the child or time of employment imposed by Sections 50-6-1 through 50-6-3 NMSA 1978 if the child is employed: (1) by a parent in an occupation other than…

A. For the purposes of this section, a "performer" means a person employed to act or otherwise participate in the performing arts, including motion picture, theatrical, radio or television products. B. A performer under eighteen years of age is considered a child subject to the C…

requirements. A. Whenever a child is employed in the performing arts, the child's parent, guardian or trustee shall establish a trust account in the child's state of residence for the benefit of the child within seven business days after the child's employment contract is signed,…

A child over the age of fourteen years and under the age of sixteen years shall not be employed or permitted to labor at any gainful occupation without procuring and filing a work permit unless otherwise provided for in the Child Labor Act. History: Laws 1925, ch. 79, § 2; C.S. 1…

A. Children over the age of fourteen and under the age of sixteen years shall not be employed or permitted to labor at any gainful occupation for more than forty hours in any one week nor more than eight hours in any one day when school is not in session unless otherwise provided…

exceptions. A. A child under the age of sixteen years shall not be employed or permitted to labor at any of the following occupations or in any of the following positions: (1) on or around belted machines while in motion; (2) on or around power-driven woodworking machines used fo…

No child under the age of eighteen years shall be employed or permitted to labor in any mine or quarry underground or at or about any place where explosives are used. However, children under the age of eighteen years but not under the age of fourteen years may be employed to sepa…

contents; proof; copies; maximum term. A. Work permits shall be issued only by the school superintendents, school principals, designated issuing school officers or the director of the labor and industrial division of the labor department or the director's designee. B. A work perm…

The officer authorized to issue work permits may renew a work permit at the expiration date thereof for a period not exceeding one year upon a satisfactory showing upon the part of the child, the child's parent, guardian or custodian that the provisions of the Child Labor Act are…

Whenever any child is employed or permitted to labor at any gainful occupation permitted by the laws of this state, the employer of the child shall preserve on file the work permit of the child and shall keep posted in a conspicuous place about the premises where the child is emp…

It is declared to be the policy of this act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978]: to encourage the development of an apprenticeship system through the voluntary cooperation of management and labor and interested state agencies, and in cooperation with other states and the federal…

As used in this act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978]: "apprentice" means a person at least sixteen years old who is covered by a written agreement with an employer, or with an association of employers or employees acting as agent for an employer, and approved by the state app…

An "apprenticeship council", hereinafter referred to as the council, shall be appointed by the secretary of workforce solutions without regard to any other provisions of law regarding the appointment and compensation of employees of the state. It shall consist of three persons kn…

The council shall formulate standards to safeguard the welfare of apprentices, giving consideration to standards advocated by the bureau of apprenticeship of the United States department of labor, and shall formulate such additional policies as may be necessary to carry out the i…

A. The secretary of workforce solutions shall appoint a director of apprenticeship to be responsible for effectuating the policies set forth in Section 50-7-1 NMSA 1978, to carry out the policies approved by the apprenticeship council and otherwise to execute the provisions of Ch…

A. This act [50-7-1 to 50-7-4, 50-7-7 NMSA 1978] does not apply to employers who, with their employees, are subject to the Railway Labor Act of congress or any act amendatory thereof. B. The provisions of this act shall apply only to such persons, firms, political subdivisions, c…

The state of New Mexico hereby accepts the provisions of the act of congress approved June 6, 1933, entitled: "An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes." His…

The employment security department is hereby designated and constituted the agency of the state of New Mexico for the purpose of such act, with full power to establish such public employment offices throughout the state of New Mexico as it may deem necessary to fully carry out th…

Sections 50-9-1 through 50-9-25 NMSA 1978 may be cited as the "Occupational Health and Safety Act". History: 1953 Comp., § 59-14-1, enacted by Laws 1972, ch. 63, § 1; 1975, ch. 290, § 1; 1993, ch. 322, § 1.

notification. A. In order to carry out the purposes of the Occupational Health and Safety Act, the department's authorized representatives, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized to and may: (1) enter and inspect any plac…

A. An employer shall keep such records and make such reports to the department as the board, by regulation, may require to carry out the purposes of the Occupational Health and Safety Act. Such regulation regarding records and reports shall be at least as effective as and consist…

A. Any person may recommend or propose regulations to the board for promulgation. The board shall determine whether to hold a hearing within sixty days of submission of a proposed regulation. B. No regulations shall be adopted, amended or repealed until after a public hearing by …

In the event the board wishes to adopt regulations that are identical with standards approved by an agency of the federal government, the board, after notice and hearing, may adopt the regulations by reference to the standards without setting forth the provisions of the standards…

A. The district courts shall have jurisdiction, upon petition of the secretary, to restrain any conditions or practices in any place of employment which are such that a danger exists that could reasonably be expected to cause death or serious physical harm immediately or before t…

review. A. Any person who is or may be affected by a regulation adopted by the board may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the r…

A. The department may grant an individual variance from any regulation adopted pursuant to the Occupational Health and Safety Act setting health or safety standards whenever it is found by a preponderance of the evidence that the conditions, practices, means, methods, operations …

A. If as a result of investigation the department has good cause to believe that any employer is violating any provision of the Occupational Health and Safety Act or any rule of the board, the department shall send prompt notice of the violation by certified mail to the employer …

In connection with investigations or enforcement hearings conducted under the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978], the department may apply to the district court for an order requiring the attendance and testimony of witnesses and the production of ev…

A. Every employer shall keep records and submit reports of occupational injuries and illnesses as prescribed by the department. Reports shall not require employee identification by name. B. The department shall publish annually a detailed summary of the statistical data received …

It is the purpose of the Occupational Health and Safety Act [50-9-1 NMSA 1978] to assure every employee safe and healthful working conditions by providing for: A. the establishment of occupational health and safety regulations applicable to places of employment in this state; B. …

The legislature finds that: A. the proliferation of hazardous chemicals in the environment poses a growing threat to the public health, safety and welfare; and B. it is in the public interest to establish a comprehensive program for the disclosure of information about hazardous s…