46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO EMPLOYMENT; CLARIFYING THE DEFINITION OF A LEASED WORKER TO ENSURE PROPER CLASSIFICATION AND LICENSING.

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

Section 1. Section 60-13A-2 NMSA 1978 (being Laws 1993, Chapter 162, Section 2) is amended to read:

"60-13A-2. DEFINITIONS.--As used in the Employee Leasing Act:

A. "applicant" means a person applying for registration as an employee leasing contractor;

B. "client" means a person who obtains workers through an employee leasing arrangement;

C. "department" means the regulation and licensing department;

D. "employee leasing arrangement" means any arrangement in which a client contracts with an employee leasing contractor for the contractor to provide leased workers to the client; provided, "employee leasing arrangements" does not include temporary workers;

E. "employee leasing contractor" means any person who provides leased workers to a client in New Mexico through an employee leasing arrangement;

F. "leased worker" means a worker provided to a client through an employee leasing arrangement; provided that if a worker has been previously employed by the client prior to working for an employee leasing contractor, it shall be presumed that the worker is a leased worker and not a temporary worker; and further provided that if a worker who is employed by a temporary employment service or an employee leasing contractor works and should be classified in any construction class or in any oil and gas well service or drilling class pursuant to provisions of or regulations adopted under the New Mexico Insurance Code, the worker shall be presumed to be a leased worker and the service that provides the employee shall comply with the provisions of the Employee Leasing Act;

G. "person" means an individual or any other legal entity; and

H. "temporary worker" means a worker hired and employed by an employer to support or supplement another's work force in special work situations, such as employee absences, temporary skill shortages, temporary provision of specialized professional skills, seasonal workloads and special temporary assignments, including but not limited to the production of motion pictures, television programs and other commercial media projects."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2003.