AN ACT
RELATING TO LABOR; CHANGING THE STATE
MINIMUM WAGE TO EQUAL 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. An employer, except as provided in
Section 50-4-21 NMSA 1978, shall pay
the minimum wage rate of five dollars fifteen cents ($5.15) an hour, 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 credit 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 the pooling of tips among employees.
C. An employee covered by the provisions of
Subsection A of this section shall not 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."
HB 38
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