New Mexico 2025 Regular Session

New Mexico House Bill HB246 Compare Versions

Only one version of the bill is available at this time.

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28	28	HOUSE BILL 246
29	29	57
30	30	TH LEGISLATURE
31	31	-
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33	33	STATE
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35	35	OF
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37	37	NEW
38	38
39	39	MEXICO
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41	41	-
42	42	FIRST SESSION
43	43	,
44	44
45	45	2025
46	46	INTRODUCED BY
47	47	Patricia Roybal Caballero
48	48	AN ACT
49	49	RELATING TO LABOR; INCREASING THE MINIMUM WAGE FOR CERTAIN
50	50	EMPLOYEES; PROVIDING AN ANNUAL ADJUSTMENT TO THE MINIMUM WAGES
51	51	BASED ON INFLATIONARY MEASURES; REPEALING A SECTION OF THE
52	52	MINIMUM WAGE ACT.
53	53	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
54	54	SECTION 1. Section 50-4-21 NMSA 1978 (being Laws 1955,
55	55	Chapter 200, Section 2, as amended) is amended to read:
56	56	"50-4-21. DEFINITIONS.--As used in the Minimum Wage Act:
57	57	A. "consumer price index" means the consumer price
58	58	index, not seasonally adjusted, for all urban consumers, United
59	59	States city average for all items, or a successor index, as
60	60	published by the United States department of labor for a
61	61	twelve-month period ending September 30;
62	62	[A.] B. "employ" includes suffer or permit to work;
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90	90	[B.] C. "employer" includes any individual,
91	91	partnership, association, corporation, business trust, legal
92	92	representative or organized group of persons employing one or
93	93	more employees at any one time, acting directly or indirectly
94	94	in the interest of an employer in relation to an employee, but
95	95	shall not include the United States, the state or any political
96	96	subdivision of the state; provided, however, that for the
97	97	purposes of Subsection A of Section 50-4-22 NMSA 1978,
98	98	"employer" includes the state or any political subdivision of
99	99	the state; and
100	100	[C.] D. "employee" includes an individual employed
101	101	by an employer, but shall not include:
102	102	(1) an individual employed in a bona fide
103	103	executive, administrative or professional capacity and
104	104	forepersons, superintendents and supervisors;
105	105	[(2) an individual employed by the United
106	106	States, the state or any political subdivision of the state;
107	107	provided, however, that for the purposes of Subsection A of
108	108	Section 50-4-22 NMSA 1978, "employee" includes an individual
109	109	employed by the state or any political subdivision of the
110	110	state;
111	111	(3) an individual engaged in the activities of
112	112	an educational, charitable, religious or nonprofit organization
113	113	where the employer-employee relationship does not, in fact,
114	114	exist or where the services rendered to such organizations are
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143	143	on a voluntary basis. The employer-employee relationship shall
144	144	not be deemed to exist with respect to an individual being
145	145	served for purposes of rehabilitation by a charitable or
146	146	nonprofit organization, notwithstanding the payment to the
147	147	individual of a stipend based upon the value of the work
148	148	performed by the individual;
149	149	(4)] (2) salespersons or employees compensated
150	150	upon piecework, flat rate schedules or commission basis;
151	151	[(5) registered apprentices and learners
152	152	otherwise provided by law;
153	153	(6)] (3) G.I. bill trainees while under
154	154	training; or
155	155	[(7) seasonal employees of an employer
156	156	obtaining and holding a valid certificate issued annually by
157	157	the director of the labor relations division of the workforce
158	158	solutions department. The certificate shall state the job
159	159	designations and total number of employees to be exempted. In
160	160	approving or disapproving an application for a certificate of
161	161	exemption, the director shall consider the following:
162	162	(a) whether such employment shall be at
163	163	an educational, charitable or religious youth camp or retreat;
164	164	(b) that such employment will be of a
165	165	temporary nature;
166	166	(c) that the individual will be
167	167	furnished room and board in connection with such employment, or
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196	196	if the camp or retreat is a day camp or retreat, the individual
197	197	will be furnished board in connection with such employment;
198	198	(d) the purposes for which the camp or
199	199	retreat is operated;
200	200	(e) the job classifications for the
201	201	positions to be exempted; and
202	202	(f) any other factors that the director
203	203	deems necessary to consider;
204	204	(8)] (4) any employee employed in agriculture
205	205	[(a) if the employee is employed by an
206	206	employer who did not, during any calendar quarter during the
207	207	preceding calendar year, use more than five hundred person-days
208	208	of agricultural labor;
209	209	(b) if the employee is the parent,
210	210	spouse, child or other member of the employer's immediate
211	211	family; for the purpose of this subsection, the employer shall
212	212	include the principal stockholder of a family corporation;
213	213	(c)] if the employee [1) ] is employed as
214	214	a hand-harvest laborer and is paid on a piece-rate basis in an
215	215	operation that has been, and is customarily and generally
216	216	recognized as having been, paid on a piece-rate basis in the
217	217	region of employment. [2) commutes daily from the employee's
218	218	permanent residence to the farm on which the employee is so
219	219	employed; and 3) has been employed in agriculture less than
220	220	thirteen weeks during the preceding calendar year;
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249	249	(d) if the employee, other than an
250	250	employee described in Subparagraph (c) of this paragraph: 1)
251	251	is sixteen years of age or under and is employed as a hand-
252	252	harvest laborer, is paid on a piece-rate basis in an operation
253	253	that has been, and is generally recognized as having been, paid
254	254	on a piece-rate basis in the region of employment; 2) is
255	255	employed on the same farm as the employee's parent or person
256	256	standing in the place of the parent; and 3) is paid at the same
257	257	piece-rate as employees over age sixteen are paid on the same
258	258	farm; or
259	259	(e) if the employee is principally
260	260	engaged in the range production of livestock or in milk
261	261	production;
262	262	(9) an employee engaged in the handling,
263	263	drying, packing, packaging, processing, freezing or canning of
264	264	any agricultural or horticultural commodity in its
265	265	unmanufactured state; or
266	266	(10) employees of charitable, religious or
267	267	nonprofit organizations who reside on the premises of group
268	268	homes operated by such charitable, religious or nonprofit
269	269	organizations for persons who have a mental, emotional or
270	270	developmental disability. ]"
271	271	SECTION 2. Section 50-4-22 NMSA 1978 (being Laws 1955,
272	272	Chapter 200, Section 3, as amended) is amended to read:
273	273	"50-4-22. MINIMUM WAGES.--
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302	302	A. [Except as provided in Subsection C of this
303	303	section] On and after January 1, 2026 , an employer shall pay to
304	304	an employee a minimum wage rate of
305	305	[(1) prior to January 1, 2020, at least seven
306	306	dollars fifty cents ($7.50) an hour;
307	307	(2) beginning January 1, 2020 and prior to
308	308	January 1, 2021, at least nine dollars ($9.00) an hour;
309	309	(3) beginning January 1, 2021 and prior to
310	310	January 1, 2022, at least ten dollars fifty cents ($10.50) an
311	311	hour;
312	312	(4) beginning January 1, 2022 and prior to
313	313	January 1, 2023, at least eleven dollars fifty cents ($11.50)
314	314	an hour; and
315	315	(5) on and after January 1, 2023, at least
316	316	twelve dollars ($12.00) an hour.
317	317	B. An employer furnishing food, utilities, supplies
318	318	or housing to an employee who is engaged in agriculture may
319	319	deduct the reasonable value of such furnished items from any
320	320	wages due to the employee.
321	321	C. An employee who customarily and regularly
322	322	receives more than thirty dollars ($30.00) a month in tips
323	323	shall be paid a minimum hourly wage as follows:
324	324	(1) prior to January 1, 2020, at least two
325	325	dollars thirteen cents ($2.13) an hour;
326	326	(2) beginning January 1, 2020 and prior to
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355	355	January 1, 2021, at least two dollars thirty-five cents ($2.35)
356	356	an hour;
357	357	(3) beginning January 1, 2021 and prior to
358	358	January 1, 2022, at least two dollars fifty-five cents ($2.55)
359	359	an hour;
360	360	(4) beginning January 1, 2022 and prior to
361	361	January 1, 2023, at least two dollars eighty cents ($2.80) an
362	362	hour;
363	363	(5) on and after January 1, 2023, at least
364	364	three dollars ($3.00) an hour; and
365	365	(6) the employer may consider tips as part of
366	366	wages, but the tips combined with the employer's cash wage
367	367	shall not equal less than the minimum wage rate as provided in
368	368	Subsection A of this section. All tips received by such
369	369	employees shall be retained by the employee, except that
370	370	nothing in this section shall prohibit the pooling of tips
371	371	among wait staff] seventeen dollars ($17.00) an hour adjusted
372	372	annually pursuant to the provisions of Subsection C of this
373	373	section.
374	374	[D.] B. An employee shall not be required to work
375	375	more than forty hours in any week of seven days, unless the
376	376	employee is paid one and one-half times the employee's regular
377	377	hourly rate of pay for all hours worked in excess of forty
378	378	hours. For an employee who is paid a fixed salary for
379	379	fluctuating hours and who is employed by an employer a majority
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408	408	of whose business in New Mexico consists of providing
409	409	investigative services to the federal government, the hourly
410	410	rate may be calculated in accordance with the provisions of the
411	411	federal Fair Labor Standards Act of 1938 and the regulations
412	412	pursuant to that act; provided that in no case shall the hourly
413	413	rate be less than the federal minimum wage.
414	414	C. On January 1, 2027 and on January 1 of each
415	415	successive year, the minimum wage rate shall be adjusted by
416	416	multiplying the minimum wage as of January 1, 2026 by a
417	417	fraction, the numerator of which is the consumer price index
418	418	ending in September of the previous year and the denominator of
419	419	which is the consumer price index ending September 2025;
420	420	provided that the minimum wage rate shall not be adjusted
421	421	downward as a result of a decrease in the consumer price index.
422	422	By November 1, 2026 and by November 1 of each successive year,
423	423	the workforce solutions department shall post on its website
424	424	and otherwise notify employers of the minimum wage for the next
425	425	year."
426	426	SECTION 3. REPEAL.--Section 50-4-23 NMSA 1978 (being Laws
427	427	1967, Chapter 242, Section 1, as amended) is repealed.
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