labor lawAdivision of labor law center

There have been a number of changes to the New Mexico labor law posters in the past 12 months, which every employer should be aware of.

Employers must keep current New Mexico labor law posters on display, where they can be seen by all employees (and in some cases, all applicants.) Employers who fail to do so are subject to citations, fines and/or penalties.

The New Mexico labor law posters New Mexico labor law posters include:

• OSHA - Health and Safety Protection
• New Ombudsman Workers’ Compensation
• Workers’ Compensation
• Minimum Wage
• Discrimination Notice 

The new Ombudsman workers’ compensation poster provides contact information for injured workers to appeal or contest denied claims, under the law.

New Mexico employers also must display (more…)

It’s important that employers order their 2008 New Mexico labor law posters soon. Both state and federal law require that the updated posters be displayed.

This is even more critical for New Mexico employers, where the state’s minimum wage will increase on January 1, 2008 – making all existing labor law  posters obsolete. This year the New Mexico Department of Labor is also requiring all employers to display a poster on the Ombudsman Workers’ Compensation law, which is new.

During 2007 many changes occurred to labor laws. As 2007 comes to an end, employers will need to update their labor law posters. New Mexico employers are affected by these changes, and need to be aware of them.

Under state law, the officially required 2008 New Mexico labor law posters are:

• OSHA - Health and Safety Protection
• Ombudsman Workers’ Compensation
• Workers’ Compensation
• Minimum Wage
• Discrimination Notice

By law every New Mexico employer is required to display these posters.

In addition, under federal law, employers must display these posters:

• Family and Medical Leave Act
• USERRA - Uniformed Services Employment and Reemployment Rights Act
• Equal Employment Opportunity is the Law
• Federal Minimum Wage
• Employee Polygraph Protection Act
• OSHA-Job Safety & Health Protection

Both state and federal law require that every employer prominently display the posters in an area where they can been seen by every employee. Popular locations are a bulletin board, near the time clock or in the break room.

The most common reason for employers to update posters includes statute changes, especially to minimum wage laws. In just the past few months, employers in New Hampshire, Nevada and Maine have updated their labor law posters as the state minimum wages changed. The most recent increase was on October 1, 2007 when the New Hampshire minimum wage increased to $6.50 per hour.

A number of states across the country enacted an increase to their state minimum wage during 2007. Maine, North Dakota, South Dakota and New Hampshire are among them.

Minimum wage wasn’t the only law that changed during 2007. Two states established new no-smoking bans.

Illinois’s new law banned smoking in almost every work environment, including casinos, restaurants and bars. In Ohio, a tough new ban on smoking at work was also enacted. Businesses were then required to post new no-smoking signs at all entrances.

Alaska amended its Child Labor Laws regarding the buying and selling of cigarettes. The law already prohibited anyone under the age of 19 from buying cigarettes, but concern arose regarding teens working in gas stations and convenience stores that sell cigarettes. Part of the concern was that these teens when unsupervised might sell cigarettes to friends who were underage. The law was changed, therefore, to also prohibit anyone under the age of 19 from selling cigarettes.

All of the changes that occurred during 2007, and those slated to occur in 2008 will require employers to update their labor law posters. If the posters are not updated, the employer could be fined.

A large number of changes over the year influenced the poster requirements. The Fair Minimum Wage Act of 2007 increased the federal minimum wage for the first time in close to a decade. Seventy cents was added to $5.15 to raise the minimum to $5.85 per hour. A number of states that connect their minimum wages to the federal minimum raised their minimum wages on that day, too.

These states will increase their minimum wage again in 2008 when the federal minimum gets another 70 cent boost. On July 24, 2008, the federal minimum will go from $5.85 to $6.55. The states that bumped their minimum wage with the previous federal increase will bump their minimum wage again.

More than a dozen states will increase their minimum wages on January 1, 2008. These include Delaware, Oregon, Washington, California, Florida, Iowa, New Mexico, Massachusetts, Vermont, Colorado, Arizona, Missouri, Montanan and Ohio. The lowest rate to be increased is in Montana, where the state minimum wage will increase from $6.15 per hour to $6.26. In Missouri and New Mexico, the state rate will go to $6.50.

After the increase, the nation’s highest minimum wage will be in Washington state, where the minimum wage will be $8.07 per hour. Both California and Massachusetts plan increases to $8.00 per hour, while the state rate in Oregon goes to $7.95.

A New Mexico Worker Safety alert was recently issued by New Mexico OSHA in response to the dangers posed by All-Terrain Vehicles in the workplace. All-Terrain Vehicles, also known as ATVs, are growing in popularity in the workplace, and as a result, injuries are increasing.

Although ATVs may look sporty and seem fun to drive, they actually are prone to accidents such as roll-overs. These accidents can lead to severe injuries and, in some cases, death. Employers who utilize ATVs in their workplaces need to make certain employees follow all the necessary safety procedures.

For instance, employees should be trained on the proper operation of an ATV before driving the vehicle. All drivers should wear helmets to protect their heads in case of an accident. Moreover, the guidelines issued by the manufacturer for the safe operation of the vehicle should be followed.

Most injuries that are the result of ATV accidents happen while the vehicles are being used recreationally. As more businesses start to utilize ATVs, though, the number of accidents that happen in the workplace is growing. ATVs are used in industries such as facilities management, construction, agriculture, and law enforcement.

The Consumer Product Safety Commission recently released a report stating that in 1982, deaths caused by ATV accidents totaled 29. In 2004, the number of deaths caused by ATV accidents rose to 470. In the last decade, more than 800,000 ATV-related injuries were reported. These numbers only reflect injuries that happened while the ATVs were being used recreationally.

Using ATVs in the workplace poses similar risks. Accidents involving ATVs used in the workplace have resulted in over 100 deaths in the last ten years. The alert issued by New Mexico OSHA contains guidelines for ATV usage. These guidelines are for any vehicle that is motorized and is operated by a driver who straddles the seat while steering with handlebars.

A recent statement by the Director of the Center for Disease Control (CDC) suggests that New Mexico highway worker safety hazards have reached epidemic proportions. That’s why OSHA has joined forces with the Roadway Work Zone Safety and Health Partners Alliance to improve highway construction worker safety.

Together, OSHA and the Health Partners Alliance will work to promote public awareness of the problem and the need for drivers to use caution near highway worker safety zones. Moreover, these two organizations will spotlight additional health issues that highway workers face. To help, OSHA has an array of resources available that address the safety of highway workers.

In a recent speech, CDC Director Jeffrey P. Koplan, said, “Every day, when orange traffic cones prompt us to slow down and drive carefully near work zones, we are reminded that highway and street construction is hard and potentially hazardous work. As we enter the busy spring construction season, NIOSH’s new document offers practical and comprehensive advice for reducing workers’ risk of injury.”

New Mexico highway worker safety is the subject of a new campaign, and many people may have questions about this program.

The program is designed to help reduce the number of highway workers who are killed and injured on the job each year. Annually, the first week of April has been named National Work Zone Awareness Week by OSHA. The campaign being used this year is intended to remind drivers to drive carefully around highway worker safety zones. The campaign is called “Signs for Change.”

As Edwin G. Foulke, Jr., Assistant Secretary of Labor for OSHA, explains, “Employees who work in highway zones have one of the most dangerous occupations in the United States and these employees need not only OSHA’s support, but the support of everyone who gets behind the wheel on a daily basis.” According to Foulke, “There were nearly 1,100 work zone fatalities last year — that is a tragedy. I am hopeful that campaigns like this will help reduce those numbers.”

Recent updates to the federal USERRA regulations have left employers with a number of questions.

A recent change allows soldiers to keep their employer’s group health care coverage for up to two years. In this case, the soldiers are responsible for the full amount of the premium. This means that they have to pay not only their share of the premium, but also the employer’s share. In addition, the soldiers are responsible for any processing fees, so soldiers who take this approach can end up paying 102% of the premium total for their health insurance. Before soldiers reach the 30 day mark where they qualify for military health care, their civilian employers need to provide health care coverage as if the soldier were still an employee.

USERRA refers to the 1994 Uniformed Services Employment and Reemployment Rights Act. This act helps Americans who serve in the military during a national emergency to keep their civilian jobs. The way the act works is that all veterans are covered. It seems that at the present time, the act’s main focus is on National Guard and Reserve members.

The Veterans’ Employment and Training Service, also known as VETS, released the most recently updated rules. VETS is a Department of Labor division, and is responsible for enforcing USERRA regulations. Veterans who have claims under the USERRA regulations may file them with VETS. One of the most recent changes is that VETS claims can now be filed on behalf of federal government employees.

The USERRA policy is that the civilian jobs of members of the Navy, Army, or Air Force Reserve are to be protected for up to 5 years while they are serving. If a worker serves in the military for 2 years, and then serves 3 years after that, the 5 year limit will have been reached since the total is cumulative.

Members of the Reserve and National Guard must leave their civilian jobs periodically to train. These training periods are not counted under the 5-year limit.

Special protection is given to soldiers who are injured in active duty. Civilian employers of disabled veterans need to make reasonable accommodations that take into account the veteran’s disability. In addition, if a service member is injured and is recovering from those injuries, he or she is allowed two additional years beyond the completion of the term of service to return to his or her civilian job. If these injuries happen during training, the service member still gets the additional two years.