46th legislature - STATE OF NEW MEXICO - first session, 2003
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. [Every] An 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)] five dollars fifteen
cents ($5.15) an hour, [excepting] 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)] two
dollars fifty-seven and one-half cents ($2.575). 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. [No] 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."