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.
OSHA – Health and Safety Protection
New Ombudsman Workers’ Compensation
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.
The rules that cover the rights of veterans to have their civilian jobs protected have at last been further clarified. The final USERRA regulations have been released recently by the Department of Labor.
Those covered by the Uniformed Services Employment and Reemployment Rights Act of 1994 are veterans and members of the reserve and National Guard. The new regulations will provide clarification of some points of the regulations that sometimes cause confusion, with federal government employees being added to the list of those covered by the rules.
Why not use this opportunity to make sure that your employer is displaying an up to date New Mexico USERRA poster? This will ensure that all employees have access to the most recent and correct information.
If you are a member of the reserve Army, Navy or Air Force, or a returning veteran a member of the National Guard, then you should make yourself aware of how these final regulations will affect you. One area you should be aware of is your entitlement to have your civilian job protected while you are away serving in the military.
If you are away for a period of up to five years, your employer must keep your civilian job open for your return. In addition, after several test cases involving returning veterans, you may be entitled to any benefits that you would of receive as due course, if you had not been required to leave your job. These include time of service related promotions and annual pay increases or cost of living increases.
The five year period away from your job is cumulative, so if you serve for two years, and then a period of three years, your employer still has to hold open your civilian job. Training periods with the National Guard or Reserve training is not taken into account within the five year period.
In New Mexico, there have not been a lot of recent changes to New Mexico (NM) Employment Labor Posters that I have noticed. There was one change, though, that is very important if you happen to be a tipped employee in the state of New Mexico. Yes, that’s right; tipped employees have gotten a pay increase. Specifically, the tipped employees now have a minimum wage of $5.60.
Please be sure that your Minimum Wage poster has been updated to reflect the new tipped employee minimum wage. While you’re updating, be sure that you also have the following New Mexico (NM) Employment Labor Posters prominently displayed on your walls in a place where your employees congregate often, like in a lunch room or a break area. Those posters are: OSHA – Health and Safety Protection, Ombudsman Workers’ Compensation, Workers’ Compensation, and the Discrimination Notice.
While you’re checking on your posters, make sure you also have all of the required Federal Employment Labor posters. The Federal laws that are required to be posted at the workplace include USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.
It is the responsibility of the employer to know when laws have changed and replace the posters. You also need to have a plan so that you know when the posters have become lost, stolen, or damaged. You must replace them right away to be in compliance with the law. You also need to be sure that the posters can be seen by workers and haven’t been covered up by bulletin boards, other notices, or by moving file cabinets or bulky furniture in front of them. It’s not just a suggestion –it’s the law!
I would like to take a few minutes to tell you about the labor law posters for New Mexico. These posters need to be displayed in businesses throughout New Mexico. Every time an applicable law changes, the appropriate posters must be updated. There are a few changes that have occurred over the past year or so that you should know about.
The Ombudsman Workers’ Compensation poster has recently been added as a requirement for the labor laws posters for New Mexico. The Discrimination poster was updated in April of 2005. The labor law posters for New Mexico dealing with the New Mexico Minimum Wage Act were updated in October of 2005. These posters needed to be updated before the changes went into effect.
The federal requirements for the labor law posters for New Mexico are Equal Opportunity is the Law, Federal Minimum Wage, Job Safety and Health Protection, Employee Polygraph Protection Act, Your Rights Under the Family and Medical Leave Act of 1993, and Employee Rights Under USERRA (Uniformed Services Employment and Reemployment Rights Act).
The labor law posters for New Mexico must be displayed in the workplace where all employees have a very good chance of seeing them. The posters should be free of obstructions and in a well-lit area. There may need to be labor law posters for New Mexico displayed in multiple areas if the business is large. It’s up to the employer to make sure the posters are displayed in an appropriate area of the workplace. Failure by the employer to display the most up-to-date posters in the correct area of the workplace is a violation of the law.