2018 New Mexico Statutes
Chapter 51 - Unemployment Compensation
Article 1 - Unemployment Compensation
Section 51-1-1 - Short title.

Chapter 51 NMSA 1978 may be cited as the "Unemployment Compensation Law".

History: Laws 1936 (S.S.), ch. 1, § 1; 1941 Comp., § 57-801; 1953 Comp., § 59-9-1; Laws 1982, ch. 41, § 1.

Cross references. — For prisoners working under inmate-release program as not entitled to benefits under Employment Security Act, see 33-2-47 NMSA 1978.

Purpose of Unemployment Compensation Law is to grant benefits promptly to those persons entitled thereto. International Minerals & Chem. Corp. v. Employment Sec. Comm'n, 1967-NMSC-175, 78 N.M. 272, 430 P.2d 769.

Administrative bodies to comply with law. — Administrative bodies, however well intentioned, must comply with the law; and it is necessary that they be required to do so to prevent any possible abuse. International Minerals & Chem. Corp. v. Employment Sec. Comm'n, 1967-NMSC-175, 78 N.M. 272, 430 P.2d 769.

Dual payments not prohibited. — Nothing under New Mexico law prohibits dual payment of unemployment compensation, so long as such payments are not duplicative in nature. 1953-54 Op. Att'y Gen. No. 53-5635.

Law reviews. — For article, "Unemployment Compensation in New Mexico," see 11 N.M.L. Rev. 327 (1981).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation §§ 4, 5, 13 to 18.

Constitutionality of unemployment insurance legislation, 109 A.L.R. 1346, 118 A.L.R. 1220, 121 A.L.R. 1002.

Judicial questions regarding unemployment provisions of federal Social Security Act and state legislation adopted to set up "state plan" contemplated by that act, 118 A.L.R. 1220, 121 A.L.R. 1002.

Independent contractor distinguished from employee within Unemployment Compensation Law, 124 A.L.R. 682.

Trucker using own truck as an independent contractor or an employee of concern for which he transports goods, within Unemployment Compensation Act, 151 A.L.R. 1331.

Vendor-vendee or lessor-lessee relationship, what amounts to, as distinguished from employment or service relation, within Unemployment Compensation Act, 152 A.L.R. 520, 164 A.L.R. 1411.

Exemption of corporations or institutions of a religious, charitable or educational character, construction and application of provision of Unemployment Compensation Act as to, 155 A.L.R. 369.

Power of administrative officer to limit period of disqualification for unemployment benefits, 155 A.L.R. 411.

Circumstances of abandonment of employment, availability for work or nature of excuse for refusing reemployment, as affecting right to social security unemployment compensation, 158 A.L.R. 396, 165 A.L.R. 1382.

Election to be subject to Unemployment Compensation Act by employer not otherwise within act, 158 A.L.R. 601.

Musicians or other entertainers as employees of establishment in which they perform within meaning of Unemployment Compensation Act, 158 A.L.R. 915, 172 A.L.R. 325.

Validity, construction and application of provisions of Unemployment Compensation Act as to employment units which are affiliated or under common control, 158 A.L.R. 1327.

Construction and application of provision in Unemployment Compensation Act excluding from the basis of contribution remuneration in excess of a named amount paid to employee, 159 A.L.R. 1197.

Who is "member of a crew" within meaning of social security and unemployment compensation acts, 161 A.L.R. 842.

Foreign corporations, what amounts to presence in state, so as to render it liable to action therein to recover unemployment compensation tax, 161 A.L.R. 1068.

State banks, insurance companies or building and loan associations which are members of federal reserve bank or similar federal agency or national banks, as within state Unemployment Compensation Act, 165 A.L.R. 1250.

Conclusiveness in review of administrative determination under statutory provisions requiring filing of payroll reports for purposes of unemployment insurance, 174 A.L.R. 410.

Unemployment insurance taxes as payable in respect of claims for wages earned before bankruptcy of employer, 174 A.L.R. 1295.

Outside piece workers as within Unemployment Compensation Act, 1 A.L.R.2d 555.

Successor's treatment under provision of act subjecting to its provisions an employer purchasing or succeeding to the business of another employer, 4 A.L.R.2d 721.

Unemployment compensation benefits where, during the base year, employee worked in different states for the same employer, 9 A.L.R.2d 646.

Taxicab driver as employee of owner of cab, or independent contractor, within social security and unemployment compensation statutes, 10 A.L.R.2d 369.

Unemployment compensation as affected by employee's or employer's removal from place of business, 13 A.L.R.2d 874, 21 A.L.R.4th 317.

Declaratory relief with respect to unemployment compensation, 14 A.L.R.2d 826.

Sickness or disability, leaving employment or unavailability for particular job or duties because of, as affecting right to unemployment compensation, 14 A.L.R.2d 1308.

Vested right of applicant for unemployment compensation in mode and manner of computing benefits in effect at time of his discharge or loss of employment, 20 A.L.R.2d 963.

Unemployment compensation: right of successor in business to experience, or rating of predecessor for purpose of fixing rate of contributions, 22 A.L.R.2d 673.

Salesmen on commission as within Unemployment Compensation Act, 29 A.L.R.2d 751.

Right to unemployment compensation as affected by vacation or holiday or payment in lieu, 30 A.L.R.2d 366, 3 A.L.R.4th 557, 14 A.L.R.4th 1175.

Political views or conduct as ground for discharge from private employment as affecting right to compensation, 51 A.L.R.2d 742, 29 A.L.R.4th 287, 38 A.L.R.5th 39.

What constitutes agricultural or farm labor within social security or unemployment compensation acts, 53 A.L.R.2d 406.

Refusal of nonunion employment as affecting eligibility for unemployment compensation benefits, 56 A.L.R.2d 1015.

Right to unemployment compensation or social security benefits of one working on his own projects or activities, 65 A.L.R.2d 1182.

Service charges, made by hotels or restaurants and later distributed to waiters or similar employees, as "wages" upon which federal or state unemployment taxes or contributions are required to be paid, 83 A.L.R.2d 1024.

Garnishment or harassment by employee's creditor as misconduct connected with employment so as to bar unemployment compensation, 86 A.L.R.2d 1013.

Termination of employment as a result of union action or pursuant to union contract as "voluntary," 90 A.L.R.2d 835.

Payments received under private supplemental plans as affecting rights under state unemployment compensation, 91 A.L.R.2d 1211.

Severance payment as affecting right to unemployment compensation, 93 A.L.R.2d 1319.

Failure or delay with respect to filing or reporting requirements, as ground for denial of unemployment compensation benefits, 97 A.L.R.2d 752.

Construction, application and effect, with respect to withholding, social security and unemployment compensation taxes, of statutes imposing penalties for tax evasion or default, 22 A.L.R.3d 8.

Insubordination of employee as barring unemployment compensation, 26 A.L.R.3d 1333, 20 A.L.R.4th 367.

Negligence or work-connected inefficiency as "misconduct" barring unemployment compensation, 26 A.L.R.3d 1356.

Refusal to work at particular times or on particular shifts as affecting eligibility, 35 A.L.R.3d 1129, 12 A.L.R.4th 611, 2 A.L.R.5th 475.

Hearsay evidence in proceedings before state administrative agencies, 36 A.L.R.3d 12.

Insurance agents or salesmen as within coverage of social security or unemployment compensation acts, 39 A.L.R.3d 872.

Political party's liability for contributions under unemployment compensation acts, 43 A.L.R.3d 1351.

Retirement pursuant to employer's mandatory retirement plan as grounds for unemployment compensation benefits, 50 A.L.R.3d 880.

Right to unemployment compensation as affected by receipt of pension, 56 A.L.R.3d 520.

Right to unemployment compensation as affected by receipt of Social Security benefits, 56 A.L.R.3d 552.

Absenteeism, discharge for, effect upon unemployment compensation, 58 A.L.R.3d 674.

Labor disputes or strikes, provisions of unemployment compensation acts regarding disqualification for benefits because of, 63 A.L.R.3d 88.

Unemployment compensation: eligibility as affected by claimant's insistence upon conditions not common or customary to particular employment, 88 A.L.R.3d 1353.

Repayment of unemployment compensation benefits erroneously paid, 90 A.L.R.3d 987.

Unemployment compensation: eligibility as affected by claimant's refusal to work at reduced compensation, 95 A.L.R.3d 449.

Part-time or intermittent workers as covered by or as eligible for benefits under state unemployment compensation act, 95 A.L.R.3d 891.

Unemployment compensation: burden of proof as to voluntariness of separation, 73 A.L.R.4th 1093.

Propriety of telephone testimony or hearings in unemployment compensation proceedings, 90 A.L.R.4th 532.

Liability for discharge of employee from private employment on ground of political views or conduct, 38 A.L.R.5th 39.

Eligibility for unemployment compensation as affected by claimant's voluntary separation or refusal to work alleging that the work is illegal or immoral, 41 A.L.R.5th 123.

What constitutes "agricultural" or "farm" labor within social security or unemployment compensation acts, 60 A.L.R.5th 459.

Eligibility for unemployment compensation of employee who retires voluntarily, 75 A.L.R.5th 339.

Offsetting unemployment benefits received against award for backpay in employment discrimination actions, 66 A.L.R. Fed. 880.

81 C.J.S. Social Security and Public Welfare §§ 75 to 252.