44th legislature - STATE OF NEW MEXICO - 2nd special session, 2000
RELATING TO LABOR; INCREASING THE STATE 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. [Every employer, except as provided] Except as
otherwise provided in this subsection, in Subsections B and C
of this section and in Section 50-4-21 NMSA 1978, an employer
shall pay the minimum wage rate [of four dollars twenty-five
cents ($4.25) an hour, excepting] equal to the federal minimum
wage rate pursuant to the Fair Labor Standards Act of 1938, as
amended, except that 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.
B. All employees [covered by Subsection A of this
section] who customarily and regularly receive more than thirty
dollars ($30.00) a month in tips shall be paid a minimum
[hourly] wage [of two dollars twelve and one-half cents
($2.125)] equal to the federal minimum wage rate required to be
paid to those employees pursuant to the Fair Labor Standards
Act of 1938, as amended, except that the employer may consider
tips as part of wages [but such a]. The wage credit described
shall not exceed fifty percent of the minimum wage. All tips
received by such employees shall be retained by the employee,
except that nothing in this section [shall prohibit] prohibits
the pooling of tips among employees.
C. An employer who is required to pay a minimum wage pursuant to Subsection A of this section may pay a training wage for the first ninety days of employment to employees under the age of twenty years. The training wage shall be not less than eighty-five percent of the current minimum wage provided in that subsection.
[C.] D. No employee covered by the provisions of
Subsection A of this section shall be required to work more
than forty hours in any week of seven days, unless he is paid
one and one-half times his 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 and
the [regulations] rules pursuant to that act; provided that in
no case shall the hourly rate be less than the federal minimum
wage."