2021 New Mexico Statutes
Chapter 50 - Employment Law
Article 17 - Healthy Workplaces
Section 50-17-11 - Employer liability. (Effective July 1, 2022.)

A. An employer that violates the Healthy Workplaces Act shall be liable to the affected employee:

(1) for an instance of sick leave taken by an employee but unlawfully not compensated by the employer, in an amount equal to three times the wages that should have been paid or five hundred dollars ($500), whichever is greater;

(2) for an instance of sick leave requested by an employee but unlawfully denied by the employer and not taken by the employee or unlawfully conditioned on searching for or finding a replacement worker, in an amount equal to actual damages or five hundred dollars ($500), whichever is greater;

(3) for each instance of retaliation prohibited by the Healthy Workplaces Act excepting discharge from employment, in an amount equal to actual damages, including back pay, wages or benefits lost, an additional amount of two hundred fifty dollars ($250) and equitable relief such as rescission of disciplinary measures taken by the employer or other relief as determined by a court of law;

(4) for each instance of prohibited discharge from employment, in an amount equal to actual damages, including back pay, wages or benefits lost, an additional amount of five hundred dollars ($500) and reinstatement or other equitable relief as determined by a court of law;

(5) for each willful notice or recordkeeping violation, two hundred fifty dollars ($250); and

(6) for each misclassification of an employee as an independent contractor, actual damages or five hundred dollars ($500), whichever is greater.

B. A plaintiff prevailing in a legal action brought pursuant to the Healthy Workplaces Act shall recover all appropriate legal or equitable relief, the costs and expenses of suit and reasonable attorney fees. In an action brought by the division or the attorney general, any damages recovered shall be payable to the individual employees who experienced the violation.

History: Laws 2021, ch. 131, § 11.

Effective dates. — Laws 2021, ch. 131, § 13 made Laws 2021, ch. 131, § 11 effective July 1, 2022.