2018 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-13 - Hours of employment; eating establishments.]

Universal Citation: NM Stat § 50-4-13 (2018)
50-4-13. Hours of employment; eating establishments.]

Any person or persons, firm, association or corporation, owning any hotel, restaurant, cafe or eating house within this state, shall not be allowed to cause any male employee therein to labor more than ten hours in any twenty-four hours of any one day, nor more than seventy hours in any one week of seven days.

The hours of labor may be so arraigned [arranged] so as to permit the employment of any male employee so engaged at any time so that they shall not work more than ten hours in any twenty-four hours of any one day, nor more than seventy hours in any one week of seven days.

History: Laws 1933, ch. 149, § 3; 1941 Comp., § 57-314; 1953 Comp., § 59-3-14.

ANNOTATIONS

Cross references. — For maximum hours for females, see 50-5-1 NMSA 1978 et seq.

For maximum hours for children under fourteen, see 50-6-3 NMSA 1978.

For equal rights amendment, see N.M. Const., art. II, § 18.

Bracketed material. — The bracketed material in the section was inserted by the compiler. It was not enacted by the legislature, and it is not a part of the law.

Constitutionality of former sections. — The first two sections of this act (Laws 1933, ch. 149, §§ 1, 2), relating to employment of males for not more than eight of 24 hours and for not more than 48 hours of a six day week, were declared unconstitutional in State v. Henry, 1933-NMSC-080, 37 N.M. 536, 25 P.2d 204. Prior compilers retained Laws 1933, ch. 149, §§ 3 to 8, in spite of the holding that Laws 1933, ch. 149, §§ 1 and 2, are unconstitutional, since there has been a shift of opinion in this country on the question whether such statutes violate the freedom to contract guaranteed by the due process clause; Laws 1933, ch. 149, §§ 3 to 8, are compiled as Sections 50-4-13 to 50-4-18 NMSA 1978).

This section applies to any and all employees of a hotel, including bellboys, desk clerks, chamber maids, etc. 1953-54 Op. Att'y Gen. No. 53-5704.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4422.

Necessity in indictment charging violation of statute regarding wages or hours of labor of naming particular employees, 81 A.L.R. 76.

Constitutionality of statute limiting hours of labor in private industry, 90 A.L.R. 814.

Waiver or loss of statutory right to minimum wage or benefit of regulation as to hours of labor, 102 A.L.R. 842, 129 A.L.R. 1145.

51B C.J.S. Labor Relations §§ 1192 to 1203.

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