2018 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-12 - Wage claim actions; costs; jurisdiction; representation by district attorney; appeals.
A. In all actions brought by the director of the labor and industrial division of the labor department as assignee under the provisions of Section 50-4-11 NMSA 1978, the director shall be entitled to free process and shall not be obligated or required to give any bond or other security for costs.
B. Any sheriff, constable or other officer requested by the director to serve any summons, writ, complaint or order shall do so without requiring the director to pay any fees or furnish any security or bond.
C. Where all claims joined together do not exceed in the aggregate the jurisdictional limit of the magistrate or metropolitan court, the director may institute an action against the employer in any magistrate or metropolitan court having jurisdiction without referring the claim to the district attorney. In the event that during the course of the proceedings representation by an attorney at law becomes necessary or, in the director's judgment, advisable, the director shall so notify the district attorney, and it shall then be the duty of the district attorney or the district attorney's assistant to appear for the director in the cause.
D. In the event the cause is appealed by the director, no bond or other security shall be required or fees charged the director for court costs or sheriff's fees in serving process.
History: Laws 1937, ch. 109, § 13; 1941 Comp., § 57-313; Laws 1945, ch. 48, § 2; 1953 Comp., § 59-3-13; Laws 1996, ch. 38, § 1.
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Laws 2007, ch. 200 repealed the labor department.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".
Cross references. — For jurisdictional limits of metropolitan court, see 34-8A-3 NMSA 1978.
For jurisdictional limits of magistrate court, see 35-3-3 NMSA 1978.
The 1996 amendment, effective May 15, 1996, amended Subsection C to increase the jurisdiction of the magistrate and metropolitan courts from $200 to the jurisdictional limits of those courts and amended the titles of officials and entities to reflect current law throughout the section.
Meaning of "bond". — Under Subsection A of this section, the word "bond" relates only to the costs of a proceeding and relieves labor commissioner (now director of the labor and industrial division) from giving a cost bond under the provisions of 39-2-14 NMSA 1978, and the word "bond" in Subsection B refers only to guaranteeing the fees of the sheriff or other officer. Cal-M, Inc. v. McManus, 1963-NMSC-184, 73 N.M. 91, 385 P.2d 954.
No waiver of bond in attachment proceeding. — Section 50-4-11 NMSA 1978 and this section relating to wage-claim actions by the labor commissioner (now director of the labor and industrial division) do not waive the requirement for the furnishing of a bond in an attachment proceeding under Sections 42-9-4 and 42-9-7 NMSA 1978. Cal-M, Inc. v. McManus, 1963-NMSC-184, 73 N.M. 91, 385 P.2d 954.