HOUSE BILL 343

45th legislature - STATE OF NEW MEXICO - first session, 2001

INTRODUCED BY

Al Park







AN ACT

RELATING TO LABOR; RAISING THE STATE MINIMUM WAGE TO THE FEDERAL MINIMUM WAGE; AMENDING A SECTION OF THE NMSA 1978.



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 in Section

50-4-21 NMSA 1978, shall pay [the minimum wage rate of four dollars twenty-five cents ($4.25) an hour, excepting] an employee a wage at the same rate as the current minimum wage required by the federal Fair Labor Standards Act, 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). The employer may consider tips as part of wages, but [such a wage] the wages credit [shall not exceed fifty percent of the minimum wage] combined with the employer's cash wage shall equal the current minimum wage required by the federal Fair Labor Standards Act. 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.

C. 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 pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum wage."