It is declared to be the policy of this act (1) to establish minimum wage and overtime
compensation standards for all workers at levels consistent with their health, efficiency
and general well-being, and (2) to safeguard existing minimum wage and overtime
compensation standards which are adequate to maintain the health, efficiency and
general well-being of workers against the unfair competition of wage and hours
standards which do not provide adequate standards of living.
History: 1953 Comp., § 59-3-20, enacted by Laws 1955, ch. 200, § 1.
ANNOTATIONS
Compiler's notes. — The words "this act" refer to Laws 1955, ch. 200, the unrepealed
sections of which are compiled herein as 50-4-19, 50-4-21, 50-4-22, 50-4-25, 50-4-26,
50-4-28, 50-4-29 NMSA 1978.
Cross references. — For minimum wages on public works, see 13-4-11 to 13-4-17
NMSA 1978.
Act not preempted by federal law or collective bargaining agreement. — New
Mexico Minimum Wage Act (Section 50-4-19 NMSA 1978 et seq.) claims brought by
union workers covered by a collective bargaining agreement were not preempted by
Section 301 of the Labor Management Act, 29 U.S.C. § 185 and were not preempted by
the remedies provided by the agreement; the claims were based on non-negotiable
state law rights which could be resolved independently of the labor agreement. Self v.
UPS, 1998-NMSC-046, 126 N.M. 396, 970 P.2d 582.
Minimum wage ordinance. — Minimum wage ordinance enacted by City of Santa Fe
is within the power of the city to enact and is constitutional. New Mexicans for Free
Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
A home rule municipality may set a minimum wage higher than that required by the
state Minimum Wage Act because of the independent powers possessed by
municipalities in New Mexico and the absence of any conflict with state law. New
Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d
1149.
Act permits home rule ordinances. — Municipal power to set minimum wage higher
than that of Minimum Wage Act is not "expressly denied by general law" within the
meaning of the home rule amendment. New Mexicans for Free Enter. v. City of Santa
Fe, 2006-NMCA-007, 138 N.M. 785, 126 P.3d 1149.
Notes of Decisions
Self v. United Parcel Serv., Inc., 1998-NMSC-046, 970 P.2d 582.
· cites it 4× “Plaintiffs filed suit in state district court alleging that UPS violated the New Mexico Minimum Wage Act, NMSA 1978, §§ 50-4-19 to -30 (1993). Specifically, they complained that UPS automatically deducted a one-hour meal period from their hours worked despite the Company’s…”
Armijo v. FedEx Ground Package Sys., Inc., 285 F. Supp. 3d 1209 (D.N.M. 2018).
· cites it 4× “Section 50-4-22(D), which is part of New Mexico's Minimum Wage Act, N.M. Stat. Ann. §§ 50-4-19 -30 (1978) (MWA), mandates that "[a]n employee shall not be required *1220 to work more than forty hours in any week of seven days, unless the employee is paid one and one-half times…”
Corman v. JWS of N.M., Inc., 356 F. Supp. 3d 1148 (D.N.M. 2018).
· cites it 4× “See MSJ Response at 3 (citing N.M. Stat. Ann. § 50-4-19 ; Klinedinst v.”
New Mexicans for Free Enter. v. City of Santa Fe, 2006-NMCA-007, 126 P.3d 1149.
· cites it 3× “We conclude that a home rule municipality may set a minimum wage higher than that required by the state Minimum Wage Act, NMSA 1978, §§ 50-4-19 to -30 (1955, as amended through 2003), because of the independent powers possessed by municipalities in New Mexico and the absence of…”
Cockrell v. Bd. of Regents of New Mexico State Univ., 2002-NMSC-009, 45 P.3d 876.
· cites it 2× “In fact, we believe it is noteworthy that the Legislature has expressly provided that the provisions of the Minimum Wage Act, NMSA 1978, §§ 50-4-19 to -30 (1955, as amended through 1999), New Mexico’s analog to the FLSA, shall not apply to “the state or any political subdivision…”
Williams v. Mann, 2017-NMCA-012, 388 P.3d 295.
· cites it 2× “the district court’s dismissal on statute of limitations grounds of her claim for quid pro quo discrimination on the basis of sex under the New Mexico Human Rights Act (NMHRA), NMSA 1978, §§ 28-1-1 to -14 (1969, as amended through 2007), and its subsequent judgment in…”
Armijo v. Wal-Mart Stores, Inc., 2007-NMCA-120, 168 P.3d 129.
· cites it 2× “{3} Below, the district court identified four factual scenarios presented by Plaintiffs giving rise to the putative class action against Defendants. In the first, Plaintiffs allege that Defendants failed to compensate employees for missed rest breaks and that Defendants forced…”
Rivera v. McCoy Corp., 240 F. Supp. 3d 1150 (D.N.M. 2017).
· cites it 2× “The MWA was passed “to establish minimum wage and overtime compensation standards for all workers at levels consistent with their health, efficiency, and general well-being,” as well as to “safeguard .”
Sinclaire v. Elderhostel, Inc., 2012-NMCA-100, 287 P.3d 978.
· cites it 4× “Sinclaire argued that the statute, which is part of the New Mexico Minimum Wage Act (MWA), 1978 NMSA, §§ 50-4-19 to -30 (1955, as amended through 2009), is remedial in nature and should therefore be liberally construed in light of its goal of protecting the worker.”
Bustillos v. Bd. of Cnty. Commissioners, 310 F.R.D. 631 (D.N.M. 2016).
“Yet the NMMWA expressly exempts public employers like Hidalgo County from the overtime and minimum wage provisions found in §§ 50-4-19 — 50-4-30 NMSA. See §§ 50-4-21(B), (C)(3) NMSA.”
Desmond Ndambi v. CoreCivic, Inc., 990 F.3d 369 (4th Cir. 2021).
“, New Mexico Minimum Wage Act (NMMWA), N.M. Stat. Ann. §§ 50-4-19 , et seq., and the common law doctrine of unjust enrichment by paying civilly detained immigrant workers less than federal and state- mandated minimum wages.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.