46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO EMPLOYMENT; CLARIFYING DEFINITIONS IN THE EMPLOYEE LEASING ACT TO ENSURE PROPER CLASSIFICATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 60-13A-2 NMSA 1978 (being Laws 1993, Chapter 162, Section 2) is amended to read:

"60-13A-2. DEFINITIONS.--As used in the Employee Leasing Act:

A. "applicant" means a person applying for registration as an employee leasing contractor;

B. "client" means a person who obtains workers through an employee leasing arrangement;

C. "department" means the regulation and licensing department;

D. "employee leasing arrangement" means any arrangement in which a client contracts with an employee leasing contractor for the contractor to provide leased workers to the client; provided, "employee leasing arrangements" does not include temporary workers;

E. "employee leasing contractor" means any person who provides leased workers to a client in New Mexico through an employee leasing arrangement;

F. "leased worker" means a worker provided to a client through an employee leasing arrangement; [provided that if a worker has been previously employed by the client prior to working for an employee leasing contractor, it shall be presumed that the worker is a leased worker and not a temporary worker; and further] provided that if a worker works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, the worker shall be presumed to be a leased worker and the employee leasing contractor that provides the worker shall comply with the provisions of the Employee Leasing Act;

G. "person" means an individual or any other legal entity; [and]

H. "temporary services employer" means an employing unit that contracts with clients or customers to supply workers to perform services for the client or customer and performs all of the following functions:

(1) negotiates with clients or customers for such matters as time, place, type of work, working conditions, quality and price of the services;

(2) determines assignments of workers, even though workers retain the right to refuse specific assignments;

(3) retains the authority to reassign or refuse to reassign a worker to other clients or customers when a worker is determined unacceptable by a specific client or customer;

(4) assigns the worker to perform services for a client or customer;

(5) sets the rate of pay for the worker, whether or not through negotiation; and

(6) pays the worker directly; and

[H.] I. "temporary worker" means a worker hired and employed by [an] a temporary services employer to support or supplement another's work force in special work situations, such as employee absences, temporary skill shortages, temporary provision of specialized professional skills, seasonal workloads and special temporary assignments, including [but not limited to] the production of motion pictures, television programs and other commercial media projects; provided that if a worker who is employed by a temporary services employer works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, the worker shall be presumed to be a temporary worker and the temporary services employer that provides the worker shall comply with the provisions of the Employee Leasing Act."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.