SENATE BILL 386

53rd legislature - STATE OF NEW MEXICO - first session, 2017

INTRODUCED BY

Clemente Sanchez

AN ACT

RELATING TO LABOR; RAISING THE MINIMUM WAGE; PROVIDING FOR A TRAINEE EMPLOYEE MINIMUM WAGE.

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

     SECTION 1. Section 50-4-22 NMSA 1978 (being Laws 1955, Chapter 200, Section 3, as amended) is amended to read:

     "50-4-22. MINIMUM WAGES.--

          A. Except as provided in Subsection B of this section, an employer shall pay an employee [the] a minimum wage rate of [six dollars fifty cents ($6.50)] nine dollars ($9.00) an hour. [As of January 1, 2009, an employer shall pay the minimum wage rate of seven dollars fifty cents ($7.50) an hour.]

          B. An employer employing trainee employees shall pay a trainee employee during the training period a training minimum wage rate of eight dollars ($8.00) an hour. The training period shall not exceed sixty days from the date of hire. As used in this subsection, "trainee employee" means an employee who is being trained to perform the job for which the employee was hired.

          [B.] C. An employer furnishing food, utilities, supplies or housing to an employee who is engaged in agriculture may deduct the reasonable value of such furnished items from any wages due to the employee.

          [C.] D. An employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips shall be paid a minimum hourly wage of [two dollars thirteen cents ($2.13)] two dollars sixty-three cents ($2.63). The employer may consider tips as part of wages, but the tips combined with the employer's cash wage shall not equal less than the minimum wage rate as provided in Subsection A of this section. All tips received by such employees shall be retained by the employee, except that nothing in this section shall prohibit the pooling of tips among employees.

          [D.] E. An employee shall not be required to work more than forty hours in any week of seven days, unless the employee is paid one and one-half times the employee's regular hourly rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed salary for fluctuating hours and who is employed by an employer a majority of whose business in New Mexico consists of providing investigative services to the federal government, the hourly rate may be calculated in accordance with the provisions of the federal Fair Labor Standards Act of 1938 and the regulations pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum wage." 

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2017.

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