2018 New Mexico Statutes
Chapter 50 - Employment Law
Article 1 - Labor and Industrial Commission
Section 50-1-3 - Powers and duties of director of the labor and industrial division.]

Said commissioner [director of the labor and industrial division] shall inform himself of all laws of the state for the protection of life and limb in any of the industries of the state, all laws regulating the hours of labor, the employment of minors, the payment of wages and all other laws enacted for the protection, health and benefit of employees, and thereunder foster, promote and develop the welfare of wage earners, advance opportunities for profitable employment; require, acquire and disseminate useful information on all subject [subjects] connected with labor, and assist in the enforcement of the workman's compensation laws and the employers' liability acts of the state. He shall have the power and authority, when in his judgment he deems it necessary, to take assignment of wage claims and prosecute actions for collection of wages or other claims or demands of employees or ex-employees, who are financially unable to employ counsel in cases in which in the judgment of the commissioner [director] such claims and demands are valid and enforceable in the courts. It shall be the duty of said labor commissioner to enforce all labor laws in the state of New Mexico, the enforcement of which is not specifically and exclusively vested in any other officer, board or commission, state or federal, and whenever after due inquiry, he shall be satisfied that any such law has been violated or that any employee or ex-employee financially unable to employ counsel, has a just, valid and enforceable claim for wages or other claims or demands, he shall present the facts to the district attorney of the county in which such violation occurred or wage claim accrued, and it shall be the duty of such district attorney to prosecute the same. Said labor commissioner shall also prosecute claims arising as between employment agencies and those seeking employment when in his judgment they are valid and enforceable in the courts.

History: Laws 1931, ch. 9, § 9; 1941 Comp., § 57-109; 1953 Comp., § 59-1-9.

Repeals. — Section 50-1-9 NMSA 1978 provided for the delayed repeal of the labor and industrial commission, effective July 1, 2014. Laws 2007, ch. 200, § 24 repealed 50-1-9 NMSA 1978, effective July 1, 2007.

Compiler's notes. — Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".

Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".

Bracketed material. — The bracketed material was inserted by the compiler for purposes of clarity and it is not part of the law.

Cross references. — For Public Works Minimum Wage Act, see 13-4-11 to 13-4-17 NMSA 1978.

For public employment offices, see 50-1-6, 50-8-1, 50-8-2, 51-1-33 NMSA 1978.

For occupations exempted from act, see 50-1-8 NMSA 1978.

for powers and duties respecting payment of wages, see 50-4-8 to 50-4-12, 50-4-26, 50-4-27 NMSA 1978.

For actions on assigned wage claims, see 50-4-11, 50-4-12 NMSA 1978.

For employment of minors, see 50-6-1 NMSA 1978 et seq.

For Workers' Compensation Act, see 52-1-1 NMSA 1978 et seq.

For accident reports filed with director, see 52-1-58 to 52-1-61 NMSA 1978.

For Occupational Disease Disablement Law, see 52-3-1 NMSA 1978 et seq.

For safety provisions for miners, see 69-8-1 NMSA 1978 et seq.

Appealability of wage claim determination. — A party who is involved in a wage claim determination by the labor commissioner (now director of the labor and industrial division) may not appeal that determination directly to the court of appeals. Eastern Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Once the statutory provisions for enforcement of wage claims are invoked through proceedings in the district court (Section 50-4-8 NMSA 1978 and this section) claimants may appeal the district court's decision pursuant to Rule 3, N.M.R. App. P. (Civ.) (now Rule 12-201). Eastern Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Appeal authorized by 12-8-16 NMSA 1978 does not allow appeals from determinations of the labor commissioner (now director of the labor and industrial division), since the Administrative Procedures Act (Sections 12-8-1 to 12-8-25 NMSA 1978) applies only to agencies made subject to the act "by agency rule or regulation if permitted by law", or which is specifically placed by law under the act. Eastern Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Implied authority to promulgate rules. — The fact that the legislature has empowered the labor commissioner (now director of the labor and industrial division) to prosecute claims between employment agencies and prospective employees creates the implied authority to promulgate rules and regulations for the orderly and efficient pursuance of this duty. 1968 Op. Att'y Gen. No. 68-96.

No authority to enforce laws concerning discrimination in employment. — With the creation of the human rights commission, the state labor and industrial commission (now division) has no duty or power to enforce any laws concerning discrimination in employment and, therefore, none of its general purpose appropriation can be used for that purpose. 1969 Op. Att'y Gen. No. 69-116.

No authority to make new law. — The language of 50-1-5, 50-1-7 NMSA 1978 and this section is aimed at enforcement of existing law rather than the making of new law by way of regulation. 1964 Op. Att'y Gen. No. 64-61.

Limited by statutory authority. — Neither the labor commissioner (now director of the labor and industrial division) nor commission (now labor and industrial division) have the statutory authority to prescribe rules and regulations involving industrial safety devices. 1964 Op. Att'y Gen. No. 64-61.

Prosecution of wage claims. — The manner of prosecuting wage claims referred to him by the labor commissioner (now director of the labor and industrial division) is left to the judgment of the district attorney. When costs must be paid, they should be paid by the claimant and taxed as costs against the losing party. 1931-32 Op. Att'y Gen. 31-225.

Intervention on wage claims. — Intervention permitted by 50-1-3 NMSA 1978 is with reference to wage claims and not personal injury claims under the Workmen's (Workers') Compensation Act. 1966 Op. Att'y Gen. No. 66-53.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48 Am. Jur. 2d Labor and Labor Relations § 614 et seq.

Refusal of NLRB to file unfair labor practice complaint as subject to review in independent suit in federal district court, 69 A.L.R. Fed. 870.

Construction of provision of 29 USCS § 481(c) that unions and their officers shall "refrain from discrimination in favor of or against any candidate (for union office) with respect to use of lists of members", 113 A.L.R. Fed. 389.

Employer's duty to furnish particular information, other than financial or wage information, to employees' representative under National Labor Relations Act, 113 A.L.R. Fed. 425.

51 C.J.S. Labor Relations § 16; 51A C.J.S. Labor Relations §§ 506, 509, 517, 681; 30 C.J.S. Employer-Employee §§ 75, 76.