2019 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-8 - Duties of the labor commissioner [director]

A. It is the duty of the labor commissioner [director] to investigate any violations of Sections 50-4-1 through 50-4-12 NMSA 1978 and to institute or cause to be instituted actions for the enforcement of the same. The labor commissioner [director] may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer whenever, in the opinion of the labor commissioner [director], the claim is just and valid.

B. It is the duty of all district attorneys to prosecute all cases, both civilly and criminally, which are referred to them by the labor commissioner.

C. It shall not be a defense to any action brought pursuant to this section that the plaintiff or complainant is an undocumented worker. It is not intended by this section to create any right to collect unemployment compensation nor to mandate any wage rate.

History: Laws 1937, ch. 109, § 8; 1941 Comp., § 57-308; 1953 Comp., § 59-3-8; Laws 1983, ch. 157, § 1.

Bracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.

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Laws 2007, ch. 200 repealed the labor department.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".

Appealability of wage claim determination. — A party who is involved in a wage claim determination by the labor commissioner (now director of the labor and industrial division) may not appeal that determination directly to the court of appeals. E. Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Once the statutory provisions for enforcement of wage claims are invoked through proceedings in the district court (this section and Section 50-1-3 NMSA 1978) claimants may appeal the district court's decision pursuant to Rule 3, N.M.R. App. P. (Civ.) (now Rule 12-201 NMRA). E. Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Appeal authorized by 12-8-16 NMSA 1978 does not allow appeals from determinations of the labor commissioner (now director of the labor and industrial division), since the Administrative Procedures Act (Sections 12-8-1 to 12-8-25 NMSA 1978) applies only to agencies made subject to the act "by agency rule or regulation if permitted by law", or which is specifically placed by law under the act. E. Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4188 et seq.

51 C.J.S. Labor and Labor Relations § 16.