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HOUSE BILL 22
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Art De La Cruz
AN ACT
RELATING TO EMPLOYMENT; AMENDING THE MINIMUM WAGE ACT TO
PROHIBIT EMPLOYERS FROM DEDUCTING CREDIT CARD FEES OR COSTS
FROM EMPLOYEE TIPS; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 50-4-22 NMSA 1978 (being Laws 1955,
Chapter 200, Section 3, as amended) is amended to read:
"50-4-22. MINIMUM WAGES.--
A. Except as provided in Subsection C of this
section, an employer shall pay to an employee a minimum wage
rate of:
(1) prior to January 1, 2020, at least seven
dollars fifty cents ($7.50) an hour;
(2) beginning January 1, 2020 and prior to
January 1, 2021, at least nine dollars ($9.00) an hour;
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(3) beginning January 1, 2021 and prior to
January 1, 2022, at least ten dollars fifty cents ($10.50) an
hour;
(4) beginning January 1, 2022 and prior to
January 1, 2023, at least eleven dollars fifty cents ($11.50)
an hour; and
(5) on and after January 1, 2023, at least
twelve dollars ($12.00) an hour.
B. An employer furnishing food, utilities, supplies
or housing to an employee who is engaged in agriculture may
deduct the reasonable value of such furnished items from any
wages due to the employee.
C. An employee who customarily and regularly
receives more than thirty dollars ($30.00) a month in tips
shall be paid a minimum hourly wage as follows:
(1) prior to January 1, 2020, at least two
dollars thirteen cents ($2.13) an hour;
(2) beginning January 1, 2020 and prior to
January 1, 2021, at least two dollars thirty-five cents ($2.35)
an hour;
(3) beginning January 1, 2021 and prior to
January 1, 2022, at least two dollars fifty-five cents ($2.55)
an hour;
(4) beginning January 1, 2022 and prior to
January 1, 2023, at least two dollars eighty cents ($2.80) an
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hour; and
(5) on and after January 1, 2023, at least
three dollars ($3.00) an hour. [and
(6) the] D. An employer may consider tips as part
of wages, but the tips combined with the employer's cash wage
shall not equal less than the minimum wage rate as provided in
Subsection A of this section. All tips received by such
employees shall be retained by the employee, except that
nothing in this section shall prohibit the pooling of tips
among wait staff.
E. An employer that allows patrons to pay tips by
credit card shall pay the employee the full amount of the
gratuity that the patron indicates on the credit card slip with
no deductions for credit card processing fees or other costs
that may be charged to the employer by a credit card company.
[D.] F. An employee shall not be required to work
more than forty hours in any week of seven days, unless the
employee is paid one and one-half times the employee's regular
hourly rate of pay for all hours worked in excess of forty
hours. For an employee who is paid a fixed salary for
fluctuating hours and who is employed by an employer a majority
of whose business in New Mexico consists of providing
investigative services to the federal government, the hourly
rate may be calculated in accordance with the provisions of the
federal Fair Labor Standards Act of 1938 and the regulations
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pursuant to that act; provided that in no case shall the hourly
rate be less than the federal minimum wage."
SECTION 2. DECLARING AN EMERGENCY.--It is necessary for
the public peace, health and safety that this act take effect
immediately.
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