2020 New Mexico Statutes
Chapter 50 - Employment Law
Article 4 - Labor Conditions; Payment of Wages
Section 50-4-9 - Records, subpoenas, etc.

A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer shall keep such records on file for at least one year after the entry of the record.

B. The labor commissioner [director of the labor and industrial division] and his authorized representatives shall have the right at all reasonable times to inspect such records for the purpose of ascertaining whether the provisions of this act [50-4-1 to 50-4-12 NMSA 1978] are complied with.

C. Any interference with the labor commissioner [director] or his authorized representatives in the performance of their duties shall be deemed a violation of this act and punished as such.

D. The labor commissioner [director] and his authorized representatives shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of payroll records and take depositions and affidavits in any proceedings before said labor commissioner [director].

E. In case of failure of any person to comply with any subpoena lawfully issued, or upon the refusal of any witness or witnesses to testify upon any matter which he or they may be lawfully interrogated, the labor commissioner [director] may apply to the district court in the proper county, or to the judge thereof, for a writ of attachment to compel said witness to respond to said subpoena or to testify as the case may be.

History: Laws 1937, ch. 109, § 9; 1941 Comp., § 57-309; 1953 Comp., § 59-3-9.

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

Meaning of labor commissioner. — 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Laws 2007, ch. 200 repealed the labor department.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".

"Best evidence" purpose. — This section does not operate as a statute of limitations, and the employer's records are the "best evidence" in establishing whether a violation exists under the act and they should be produced, if available. 1957 Op. Att'y Gen. No. 57-74.

Time limitations for demanding records. — The time limitation placed upon a representative of the labor commission (now division), or a district attorney acting on his request, in demanding the records of an employer to determine whether a violation exists under the New Mexico wage and hour laws is two years, if the purpose for demanding the records is to charge the employer in a criminal case; and four years, if the purpose is for bringing a civil action under the act against the employer. 1957 Op. Att'y Gen. No. 57-74.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 2 Am. Jur. 2d Administrative Law § 122 et seq.; 48A Am. Jur. 2d Labor and Labor Relations § 4436 et seq.

51A C.J.S. Labor Relations §§ 598 to 617.