0001| HOUSE BILL 487
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| TERRY T. MARQUARDT
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0006|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO MINIMUM WAGES; AMENDING SECTION 50-4-22 NMSA 1978
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0012| (BEING LAWS 1955, CHAPTER 200, SECTION 3, AS AMENDED).
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 50-4-22 NMSA 1978 (being Laws 1955,
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0016| Chapter 200, Section 3, as amended) is amended to read:
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0017| "50-4-22. MINIMUM WAGES.--
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0018| A. Every employer, except as provided in Section
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0019| 50-4-21 NMSA 1978, shall pay [the minimum wage rate of $4.25
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an hour, excepting] an employee a wage at the same rate as
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0021| the current federal minimum wage except that an employer
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0022| furnishing food, utilities, supplies or housing to an employee
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0023| [who is engaged in agriculture] may deduct the reasonable
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0024| value of [such] the furnished items from any wages due to
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0025| the employee.
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0001| B. All employees covered by Subsection A of this
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0002| section who customarily and regularly receive more than thirty
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0003| dollars ($30.00) a month in tips shall be paid a minimum hourly
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0004| wage of two dollars twelve and one-half cents ($2.125). The
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0005| employer may consider tips as part of wages, but [such a
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wage] the wages credit [shall not exceed fifty percent of
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the] combined with the employer's cash wage shall equal the
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0008| current federal minimum wage. All tips received by such
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0009| employees shall be retained by the employee, except that
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0010| nothing [herein] in this section shall prohibit the pooling
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0011| of tips among employees. C. No employee covered by the
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0012| provisions of Subsection A of this section shall be required to
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0013| work more than forty hours in any week of seven days, unless he
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0014| is paid one and one-half times his regular hourly rate of pay
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0015| for all hours worked in excess of forty hours.
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0016| D. Any employer may, in lieu of the minimum wage
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0017| prescribed by this section, pay an eligible employee, during
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0018| the first ninety consecutive calendar days after the employee
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0019| is initially hired by the employer, a wage that is not less
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0020| than four dollars twenty-five cents ($4.25) an hour. An
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0021| eligible employee means an individual who:
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0022| (1) is not a migrant agricultural worker or a
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0023| seasonal agricultural worker as defined in Paragraphs (8) and
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0024| (10) of Section 3 of the Migrant and Seasonal Agricultural
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0025| Worker Protection Act (29 U.S.C.A. 1802(8) and (10)) without
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0001| regard to Subparagraph (B) of those paragraphs and is not a
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0002| non-immigrant described in Section 101(a)(15)(H)(ii)(a) of the
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0003| Immigration and Nationality Act (8 U.S.C.A. 1101(a)(15)(H)
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0004| (ii)(a)); and
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0005| (2) has not attained the age of twenty years.
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0006| E. An employer shall not take action to displace
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0007| employees, including partial displacement, such as reduction in
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0008| hours, wages or employment benefits, for purposes of hiring
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0009| individuals at the wage authorized in Subsection D of this
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0010| section."
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0011|
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0012| HOUSE LABOR AND HUMAN RESOURCES COMMITTEE SUBSTITUTE FOR
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0013| HOUSE BILLS 487 & 695
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0014| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0015|
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0016|
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0017|
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0018|
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0019|
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0020|
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0021|
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0022| AN ACT
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0023| RELATING TO LABOR LAW; AMENDING SECTION 50-4-22 NMSA 1978
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0024| (BEING LAWS 1955, CHAPTER 200, SECTION 3, AS AMENDED) TO SET
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0025| THE STATE MINIMUM WAGE AT A LEVEL PROPORTIONAL TO THE CURRENT
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0001| FEDERAL MINIMUM WAGE.
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0002|
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0003| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0004| Section 1. Section 50-4-22 NMSA 1978 (being Laws 1955,
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0005| Chapter 200, Section 3, as amended) is amended to read:
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0006| "50-4-22. MINIMUM WAGES.--
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0007| A. Every employer, except as provided in Section
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0008| 50-4-21 NMSA 1978, shall pay [the minimum wage rate of $4.25
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an hour, excepting that an employer furnishing food, utilities,
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supplies or housing to an employee who is engaged in
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agriculture may deduct the reasonable value of such furnished
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items from any wages due to the employee] an employee a wage
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0013| at the same rate as the current federal minimum wage.
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0014| B. All employees covered by Subsection A of this
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0015| section who customarily and regularly receive more than thirty
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0016| dollars ($30.00) a month in tips shall be paid [a minimum
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hourly wage of two dollars twelve and one-half cents ($2.125)]
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0018| fifty percent of the current federal minimum wage. The
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0019| employer may consider tips as part of wages, but [such a
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wage] the tip credit [shall not exceed fifty percent of the
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minimum wage] combined with the employer's cash wage shall
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0022| equal the current federal minimum wage. All tips received by
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0023| such employees shall be retained by the employee, except that
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0024| nothing [herein] in this section shall prohibit the pooling
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0025| of tips among employees.
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0001| C. No employee covered by the provisions of
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0002| Subsection A of this section shall be required to work more
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0003| than forty hours in any week of seven days, unless he is paid
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0004| one and one-half times his regular hourly rate of pay for all
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0005| hours worked in excess of forty hours.
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0006| D. No municipality, including any home rule
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0007| charter municipality, shall enact an ordinance that authorizes
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0008| a higher minimum wage than that provided for in Subsection A of
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0009| this section."
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0010| State of New Mexico
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0011| House of Representatives
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0012|
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0013| FORTY-THIRD LEGISLATURE
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0014| FIRST SESSION, 1997
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0015|
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0016|
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0017| March 6, 1997
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0018|
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0019|
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0020| Mr. Speaker:
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0021|
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0022| Your BUSINESS AND INDUSTRY COMMITTEE, to whom has
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0023| been referred
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0024|
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0025| HOUSE LABOR AND HUMAN RESOURCES COMMITTEE
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0001| SUBSTITUTE FOR HOUSE BILLS 487 AND 695
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS.
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0005|
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0006| Respectfully submitted,
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0007|
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0008|
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0009|
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0010|
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0011| Fred Luna, Chairman
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0012|
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0013|
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0014| Adopted Not Adopted
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0015|
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0016| (Chief Clerk) (Chief Clerk)
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0017|
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0018| Date
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0019|
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0020| The roll call vote was 7 For 1 Against
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0021| Yes: 7
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0022| No: Lutz
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0023| Excused: Getty, Gubbels, Kissner, Olguin, Varela
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0024| Absent: None
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0025|
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0001|
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0002| G:\BILLTEXT\BILLW_97\H0487 FORTY-THIRD LEGISLATURE
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0003| FIRST SESSION
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0004|
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0005|
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0006| March 10, 1997
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0007|
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0008|
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0009| HOUSE FLOOR AMENDMENT number ___1___ to HOUSE LABOR AND HUMAN RESOURCES
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0010| COMMITTEE SUBSTITUTE FOR HOUSE BILLS 487 & 695
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0011|
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0012| Amendment sponsored by Representative Ben Lujan
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0013|
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0014|
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0015| 1. On page 2, line 1, after the period insert "When applicable,
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0016| the provisions of the federal Fair Labor Standards Act shall apply.".
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0001|
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0002|
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0003| ___________________________
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0004| Ben Lujan
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0005|
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0006|
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0007|
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0008| Adopted ___________________ Not Adopted ___________________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________
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