labor lawAdivision of labor law center

New Mexico’s minimum wage hike for 2009 was the largest single increase in any state for January, 2009.

According to the New Mexico Department of Workforce Solutions, the New Mexico minimum wage increased  $1.00 an hour on January 1, 2009, from $6.50 an hour to $7.50 an hour. Minimum wage for overtime for most employees will be $11.25 an hour.

The New Mexico law has its share of exceptions. For example, seasonal employees in some counties are not under the protection of the minimum wage laws, nor are employees of cotton gins. Typically, both the overtime and the minimum wage laws are not applicable to genuine executives, administrators, professionals, supervisors, and superintendents.

Any employer who has not updated his or her New Mexico minimum wage poster should do so now.

Certain workers who are hired to perform investigative work for the federal government are covered by the Fair Labor Standards Act, otherwise known as the FLSA. State law exempts them from the overtime law, which requires that employees working more than 40 hours a week must be paid 1.5 times their regular rate for their overtime. Nevertheless, they are still entitled to the federal minimum wage, at the least.

The minimum wage in New Mexico, incidentally, does not cover those workers under 18 who have not graduated from high school. It is a seldom-utilized and little-known aspect of New Mexico labor law.

  (more…)

Employers have already been warned that the state minimum wage will increase with the new year in Oregon, Washington, Florida, New Mexico, Vermont, Colorado, Arizona, Missouri, Montana, Ohio and Connecticut.

However, employers in other states also have to contend with minimum wage increases this year.

Even if an employer has no minimum wage employees, each increase means the employer must update his or her minimum wage posters. By law, employers are required to display a variety of labor law posters prominently in the workplace. Failure to do so can result in fines, penalties and citations.

On July 1, 2009 the Illinois minimum wage will increase by 50 cents, from $7.50 to $8.00 per hour. This is the final step in a 3-tiered increase introduced by the now-infamous (more…)

On January 1, 2009 the New Mexico minimum wage will increase by $1.00, from $6.50 to $7.50 per hour. This is the largest increase for any state with the new year.

Under the New Mexico Minimum Wage Act, employers can pay just $2.13 per hour to employees who regularly and customarily receive tips of more than $30 per month. However, for any pay period in which the employee does not average  $5.37 per hour in tips, the employer must make up the difference in wages.

Like many states, the New Mexico minimum wage includes myriad exceptions, including exceptions for employees in domestic service in or about a private home, for federal employees, and for agricultural employees. Volunteers for educational, charitable, religious or nonprofit organizations are exempt from the New Mexico minimum wage laws. So are students working after school or on vacation.

A little-known and little-used provision of the law (more…)

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…)

Employers should take a few minutes to update their 2009 minimum wage posters.

Every employer is required by law to display a number of labor law posters, including those on the federal and state minimum wage. These posters must be updated each time the law is changed.

The best way for employers to keep labor law posters updated, is to subscribe to a compliance protection plan. For a nominal fee, these services will send employers updated posters whenever they are necessary. This service provides high-quality, durable, easy-to-read posters.  

Employers should have updated their federal minimum wage posters federal minimum wage posters in July 2008, when the rate went from $5.85 to $6.55 per hour. The federal minimum wage will increase again on July 24, 2009, requiring employers to update their posters.

A number of states will increase the minimum wage on January 1, 2009. Some states (more…)