2006 New Mexico Statutes - Section 50-4-26 — Enforcement.

50-4-26. Enforcement.

A.     Penalties:   

(1)     any employer who violates any of the foregoing provisions shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars ($25) or more than three hundred dollars ($300) or by imprisonment for not less than ten nor more than ninety days or by both such fine and imprisonment;   

(2)     it shall be the duty of the state labor commissioner [director of the labor and industrial division] to enforce and prosecute violations of the Minimum Wage Act [ 50-4-19 to 50-4-30 NMSA 1978]. The labor commissioner [director] is hereby empowered to institute in the name of the state of New Mexico an action in the district court of the county wherein the employer who has failed to comply with the Minimum Wage Act resides, or has his principal office or place of business, for the purpose of prosecuting violations. It shall be the duty of the district attorney for the district wherein any violation hereof occurs to aid and assist the labor commissioner [director] in the prosecution thereof.   

B.     Employees' remedies:   

(1)     any employer who violates any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid minimum wages, as the case may be, and in an additional equal amount as liquidated damages;   

(2)     action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in bahalf [behalf] of himself or themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action before and in behalf of all employees similarly situated.   

The court in any action brought under Paragraph (2) shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable attorneys' fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or other court costs necessarily incurred in such proceedings.