2019 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-1 - Definitions.

Whenever used in Sections 50-4-1 through 50-4-12 NMSA 1978:

A. "employer" includes every person, firm, partnership, association, corporation, receiver or other officer of the court of this state and any agent or officer of any of the above-mentioned classes employing any person in this state, except employers of livestock and agricultural labor; and

B. "wages" means all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece or commission basis or other method of calculating such amount.

History: Laws 1937, ch. 109, § 1; 1941 Comp., § 57-301; 1953 Comp., § 59-3-1; 2019, ch. 242, § 1.

Cross references. — For employees to be given time to vote, see 1-12-42 NMSA 1978.

For coercing employees in election matters, see 1-20-13 NMSA 1978.

For minimum wages on public works contracts, see 13-4-11 NMSA 1978.

The 2019 amendment, effective June 14, 2019, revised the definition of "employer" as used in Sections 50-4-1 through 50-4-12 NMSA 1978, and removed the exception of domestic service from wage protections; in the introductory clause, after "used in", deleted "this act" and added "Sections 50-4-1 through 50-4-12 NMSA 1978"; and in Subsection A, after "except", deleted "employers of domestic labor in private homes and".

Municipalities included within definition of "employer". — Municipalities are required to comply with the payment mandates of 50-4-2(A) NMSA 1978 when 50-4-1(A) NMSA 1978 does not specifically exclude municipalities from the definition of "employer." Rainaldi v. City of Albuquerque, 2014-NMCA-112.

Availability of federal remedy. — Employees are not prevented from suing under the New Mexico Minimum Wage Act merely because suit is also available under § 301 of the Labor Management Relations Act, 29 U.S.C. § 185. Cruse v. St. Vincent Hosp., 729 F. Supp. 2d 1269 (D.N.M. 2010).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 27 Am. Jur. 2d Employment Relationship § 52.

Servant's right to compensation for extra work or overtime, 25 A.L.R. 218, 107 A.L.R. 705.

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

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.

Fair Labor Standards Act as affecting validity of wage agreements respecting compensation for overtime, 169 A.L.R. 1326.

Payment in excess of wages then due as offsetting underpayment for overtime, 6 A.L.R.2d 95.

Right to overtime pay under Portal-to-Portal Act as affected by contract or custom, 21 A.L.R.2d 1327, 26 A.L.R. Fed. 607.

Nonprofit charitable institutions as within operation of labor statutes, 26 A.L.R.2d 1020.

Tips as wages, 65 A.L.R.2d 974.

Sufficiency of notice of modification in terms of compensation of at-will employee who continues performance to bind employee, 69 A.L.R.4th 1145.

Employee's protection under § 15(a)(3) of Fair Labor Standards Act (29 USCS § 215(a)(3)), 101 A.L.R. Fed. 220.

30 C.J.S. Master and Servant § 132 et seq.