2019 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-19 - Declaration of state public policy.
It is declared to be the policy of this act (1) to establish minimum wage and overtime compensation standards for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage and overtime compensation standards which are adequate to maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hours standards which do not provide adequate standards of living.
History: 1953 Comp., § 59-3-20, enacted by Laws 1955, ch. 200, § 1.ANNOTATIONS
Compiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26, 50-4-28, 50-4-29 NMSA 1978.
Cross references. — For minimum wages on public works, see 13-4-11 to 13-4-17 NMSA 1978.
Act not preempted by federal law or collective bargaining agreement. — New Mexico Minimum Wage Act (Section 50-4-19 NMSA 1978 et seq.) claims brought by union workers covered by a collective bargaining agreement were not preempted by Section 301 of the Labor Management Act, 29 U.S.C. § 185 and were not preempted by the remedies provided by the agreement; the claims were based on non-negotiable state law rights which could be resolved independently of the labor agreement. Self v. UPS, 1998-NMSC-046, 126 N.M. 396, 970 P.2d 582.
Minimum wage ordinance. — Minimum wage ordinance enacted by City of Santa Fe is within the power of the city to enact and is constitutional. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
A home rule municipality may set a minimum wage higher than that required by the state Minimum Wage Act because of the independent powers possessed by municipalities in New Mexico and the absence of any conflict with state law. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
Act permits home rule ordinances. — Municipal power to set minimum wage higher than that of Minimum Wage Act is not "expressly denied by general law" within the meaning of the home rule amendment. New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.