0001| HOUSE BILL 695
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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| BEN LUJAN
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO LABOR LAW; AMENDING SECTION 50-4-22 NMSA 1978
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0012| (BEING LAWS 1955, CHAPTER 200, SECTION 3, AS AMENDED) TO RAISE
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0013| THE MINIMUM WAGE; DECLARING AN EMERGENCY.
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0014|
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0015| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0016| Section 1. Section 50-4-22 NMSA 1978 (being Laws 1955,
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0017| Chapter 200, Section 3, as amended) is amended to read:
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0018| "50-4-22. MINIMUM WAGES.--
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0019| A. Every employer, except as otherwise provided
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0020| in [Section 50-4-21 NMSA 1978] the Minimum Wage Act, shall
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0021| pay the minimum wage rate [of $4.25 an hour] pursuant to the
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0022| provisions of the federal Fair Labor Standards Act of 1938, as
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0023| amended
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0024| (29 U.S.C. 206), excepting that an employer furnishing food,
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0025| utilities, supplies or housing to an employee who is engaged in
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0001| agriculture may deduct the reasonable value of such furnished
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0002| items from any wages due to the employee.
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0003| B. All employees covered by Subsection A of this
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0004| section who customarily and regularly receive more than thirty
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0005| dollars ($30.00) a month in tips shall be paid a minimum hourly
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0006| wage of [two dollars twelve and one-half cents ($2.125)]
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0007| fifty percent of the minimum wage as provided in Subsection A
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0008| of this section. The employer may consider tips as part of
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0009| wages, but such a wage credit shall not exceed fifty percent of
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0010| the minimum wage. All tips received by such employees shall be
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0011| retained by the employee, except that nothing [herein] in
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0012| this section shall prohibit the pooling of tips among
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0013| employees.
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0014| C. No employee covered by the provisions of
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0015| Subsection A of this section shall be required to work more
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0016| than forty hours in any week of seven days, unless he is paid
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0017| one and one-half times his regular hourly rate of pay for all
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0018| hours worked in excess of forty hours."
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0019| Section 2. EMERGENCY.--It is necessary for the public
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0020| peace, health and safety that this act take effect immediately.
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0021| State of New Mexico
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0022| House of Representatives
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0023|
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0024| FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION, 1997
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0001|
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0002|
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0003| February 25, 1997
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0004|
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0005|
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0006| Mr. Speaker:
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0007|
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0008| Your LABOR AND HUMAN RESOURCES COMMITTEE, to
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0009| whom has been referred
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0010|
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0011| HOUSE BILLS 487 AND 695
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0012|
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0013| has had them under consideration and reports same with
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0014| recommendation that they DO NOT PASS, but that
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0015|
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0016| HOUSE LABOR AND HUMAN RESOURCES COMMITTEE
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0017| SUBSTITUTE FOR HOUSE BILLS 487 AND 695
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0018|
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0019| DO PASS, and thence referred to the BUSINESS AND
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0020| INDUSTRY COMMITTEE.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002|
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0003| Rick Miera, Chairman
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0004|
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0005|
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0006| Adopted Not Adopted
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0007|
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0008| (Chief Clerk) (Chief Clerk)
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0009|
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0010| Date
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0011|
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0012| The roll call vote was 7 For 0 Against
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0013| Yes: 7
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0014| Excused: Roberts
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0015| Absent: None
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0016|
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0017| G:\BILLTEXT\BILLW_97\H0695
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