SENATE BILL 296

52nd legislature - STATE OF NEW MEXICO - first session, 2015

INTRODUCED BY

Sander Rue

AN ACT

RELATING TO EMPLOYMENT LAW; REQUIRING AN EMPLOYER TO KEEP A RECORD OF HOURS WORKED AND WAGES PAID TO EACH EMPLOYEE FOR AT LEAST THREE YEARS; ALLOWING THE DIRECTOR OF THE LABOR RELATIONS DIVISION OF THE WORKFORCE SOLUTIONS DEPARTMENT TO NOT BE REQUIRED TO PAY COURT COSTS OR FEES IN A WAGE CLAIM ACTION BROUGHT BY THE DIRECTOR.

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

     SECTION 1. Section 50-4-9 NMSA 1978 (being Laws 1937, Chapter 109, Section 9) is amended to read:

     "50-4-9. RECORDS, SUBPOENAS, ETC.--

          [(a)] A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer shall keep such records on file for at least [one year] three years after the entry of the record.

          [(b)] B. The [labor commissioner and his] director of the labor relations division of the workforce solutions department and the director's authorized representatives shall have the right at all reasonable times to inspect such records for the purpose of ascertaining whether the provisions of [this act] Sections 50-4-1 through 50-4-12 NMSA 1978 are complied with.

          [(c)] C. Any interference with the [labor commissioner or his] director or the director's authorized representatives in the performance of their duties shall be deemed a violation of [this act] Sections 50-4-1 through 50-4-12 NMSA 1978 and punished as such.

          [(d)] D. The [labor commissioner and his] director and the director's authorized representatives shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses and the production of payroll records and take depositions and affidavits in any proceedings before [said labor commissioner] the director.

          [(e)] E. In case of failure of any person to comply with any subpoena lawfully issued or upon the refusal of any witness [or witnesses] to testify [upon] on any matter on which [he or they] the witness may be lawfully interrogated, the [labor commissioner] director may apply to the district court in the proper county or to the judge thereof for a writ of attachment to compel [said] the witness to respond to [said] the subpoena or to testify, as the case may be."

    SECTION 2. Section 50-4-12 NMSA 1978 (being Laws 1937, Chapter 109, Section 13, as amended) is amended to read:

"50-4-12. WAGE CLAIM ACTIONS--COSTS--JURISDICTION--REPRESENTATION BY DISTRICT ATTORNEY--APPEALS.--

         A. In all actions brought by the director of the labor [and industrial] relations division of the [labor] workforce solutions department as assignee under the provisions of Section 50-4-11 NMSA 1978, the director shall not be required to pay court costs or filing fees, and the director shall be entitled to free service of process and shall not be obligated or required to give any bond or other security for costs.

         B. Any sheriff, constable or other officer requested by the director to serve any summons, writ, complaint or order shall do so without requiring the director to pay any fees or furnish any security or bond.

         C. Where all claims joined together do not exceed in the aggregate the jurisdictional limit of the magistrate or metropolitan court, the director may institute an action against the employer in any magistrate or metropolitan court having jurisdiction without referring the claim to the district attorney. In the event that during the course of the proceedings representation by an attorney at law becomes necessary or, in the director's judgment, advisable, the director shall so notify the district attorney, and it shall then be the duty of the district attorney or the district attorney's assistant to appear for the director in the cause.

         D. In the event the cause is appealed by the director, no bond or other security shall be required or fees charged the director for court costs or sheriff's fees in serving process."

- 4 -