New Mexico Law Update

Domestic Service in Minimum Wage Act

On April 4, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 85) amending the New Mexico Minimum Wage Act to remove the exception of domestic service from wage protections.

The law is effective June 14, 2019.

Read NM S.B. 85

Medical Marijuana and Employment Protections

On April 4, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 406) enacting the following employment protections within the Lynn and Erin Compassionate Use Act (New Mexico’s Medical Cannabis Program):

·         It is unlawful for an employer to take an adverse employment action against an applicant or an employee based on conduct allowed under the state’s medical cannabis program unless failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law or regulations.

·         However, the law does not:

·         Restrict an employer’s ability to prohibit or take adverse employment action against an employee for use of, or being impaired by, medical cannabis on the premises of the place of employment or during the hours of employment; or

·         Apply to an employee whose employer deems that the employee works in a safety-sensitive position.

The law is effective June 14, 2019.

Read NM S.B. 406

Conviction Information on Job Applications

On April 3, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 96) amending the state’s Criminal Offender Employment Act by both:

·         Prohibiting private employers form inquiring about an applicant’s history of arrest or conviction on an initial job application; and

·         Providing a grievance process for violations.

The law is effective June 14, 2019.

Read NM S.B. 96

Public and Private Caregiver Leave Acts

On April 3, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 123) enacting the Public and Private Caregiver Leave Acts to provide private employees who have accrued paid sick leave with the opportunity to use sick leave for family caregiving and public employees the right to use accrued sick leave for family caregiving.

The law is effective June 14, 2019.

Read NM S.B. 123

 

 

 

Unlawful Discrimination, Sexual Orientation, and Gender Identity

On March 28, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 227) amending the state’s Human Rights Act to include sexual orientation and gender identity among the classes that are protected from unlawful discrimination by all employers.

The law is effective June 14, 2019.

Read NM S.B. 227

Minimum Wage Increase

On March 1, 2019, New Mexico Governor Michelle Lujan Grisham signed legislation (S.B. 437) increasing the state’s minimum wage from $7.50 as follows:

·         $9 per hour effective January 1, 2020.

·         $10.50 per hour effective January 1, 2021.

·         $11.50 per hour effective January 1, 2022.

·         $12 per hour effective January 1, 2023.

Under the law, tipped employees must be paid a minimum hourly wage of $2.30 until January 1, 2020 with the following increases:

·         $2.35 per hour effective January 1, 2020.

·         $2.55 per hour effective January 1, 2021.

·         $2.80 per hour effective January 1, 2022.

·         $3 per hour effective January 1, 2023.

The law permits employers to consider tips as part of wages, but the tips combined with the employer’s cash wage may not be less than the state’s applicable minimum wage rate. Additionally, tipped employees must retain all tips they receive; however, the new law specifies that tip pooling among wait staff (rather than just among employees) is permitted.

Lastly, the law also provides a separate minimum wage of $8.50 for employed secondary school students as of January 1, 2020.

The law is effective January 1, 2020.

Read NM S.B. 437

 

New MexicoAmanda S