SB 35 — MINIMUM WAGE FOR SECONDARY SCHOOL STUDENTS

SENATEAN BILLACT 35RELATING 55THTO LEGISLATUREEMPLOYMENT; - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Jeff Steinborn This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.

TheREMOVING documentTHE isEXCEPTION aTO toolTHE toMINIMUM showWAGE amendmentsREQUIREMENT inFOR contextSECONDARY andSCHOOL cannotSTUDENTS; be used for the purpose of adding amendments to legislation.

hAMENDING ANTHE ACTDEFINITION gOF o"EMPLOYEE" RELATINGIN TOTHE EMPLOYMENT;MINIMUM WAGE ACT.

REMOVING6 THEBE EXCEPTIONIT TOENACTED BY THE MINIMUMLEGISLATURE tOF hrTHE gSTATE eOF iNEW kMEXICO: WAGE REQUIREMENT FOR SECONDARY SCHOOL STUDENTS HCEDCº ;

AMENDINGSECTION h1. r i s THE DEFINITION OF "EMPLOYEE" IN THE MINIMUM WAGE ACT»HCEDC .

hSection ,50-4-21 t,NMSA e1978 u(being gLaws e1955, bChapter l200, eSection e2, has BEamended ITby ENACTEDLaws BY2019, THEChapter LEGISLATURE114, OFSection THE1 STATEand OFby NEWLaws MEXICO:2019, Chapter 242, Section 2) is amended to read:

n d d i = = o h HCEDCº SECTION 1.

Section 50-4-21 NMSA 1978 (being Laws l ] b ,d i a º e 1955, Chapter 200, Section 2, as amended by Laws 2019, Chapter r i = r t e w d m a n o 114, Section 1 and by Laws 2019, Chapter 242, Section 2) is d m :

b e d s º o t n = .218495.1AIC March 10, 2021 (3:20pm) s k m e e a n e d r e l u [ A d amended to read:

SB 35 Page 1 (1) an individual employed in a bona fide executive, administrative or professional capacity and h u forepersons, superintendents and supervisors;

» r t h (2) an individual employed by the United g e l i h r States, the state or any political subdivision of the state;

i s h , provided, however, that for the purposes of Subsection A of e h t u g Section 50-4-22 NMSA 1978, "employee" includes an individual e b l e e , gh n d d i employed by the state or any political subdivision of the = = o h l ] b ,d state;

i(3) aan ºindividual rengaged ein rthe =activities (3)of an individualeducational, engagedcharitable, inreligious or nonprofit organization where the activitiesemployer-employee ofrelationship tdoes enot, win dfact, mexist aor nwhere othe dservices mrendered :to such organizations are on a voluntary basis.

b r e t º o t n = .218495.1AIC March 10, 2021 (3:20pm) s k m e - 2 - e a n e d r e l u [ A d an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to such organizations are on a voluntary basis.

[(6)(6) personsG.I. eighteen years of age or under who are not students in a primary, secondary, vocational or training school;

(7)]bill (6)trainees G.I.while under training;

bill(7) traineesseasonal whileemployees underof han gemployer training;SB 35 Page 2 obtaining and holding a valid certificate issued annually by the director of the labor relations division of the workforce solutions department.

oThe t hr g e [(8)] (7) seasonal employees of an employer i k h r obtaining and holding a valid certificate issuedshall annuallystate by i s h the directorjob ofdesignations theand labortotal relationsnumber division of theemployees workforceto ,be t,exempted. e u g e b l solutions department.

TheIn certificateapproving shallor statedisapproving thean jobapplication efor ea hcertificate nof dexemption, dthe idirector designationsshall andconsider totalthe numberfollowing: of employees to be exempted.

In(a) =whether =such oemployment hshall lbe ]at ban ,deducational, approvingcharitable or disapprovingreligious anyouth applicationcamp foror aretreat; certificate of i a º e r i = r t e w d exemption, the director shall consider the following:

m a n o d m :

b e d s º o t n = .218495.1AIC March 10, 2021 (3:20pm) s k m e - 3 - e a n e d r e l u [ A d (a) whether such employment shall be at an educational, charitable or religious youth camp or retreat;

[(9)] (8) any employee employed in agriculture:

(a) if the employee is employed by an h g employer who did not, during any calendar quarter during the oSB t35 hrPage g3 e preceding calendar year, use more than five hundred person-days i k h r of agricultural labor;

i s h (b) if the employee is the parent, , t, e u g e b l spouse, child or other member of the employer's immediate e e h n d d i family;

for the purpose of this subsection, the employer shall = = o h l ] b ,d include the principal stockholder of a family corporation;

i a º e r i = r t e w d (c) if the employee:

1) is employed as ma hand-harvest laborer and is paid on a npiece-rate obasis din man :operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment;

b e d s º o t n = .218495.1AIC March 10, 2021 (3:20pm) s k m e - 4 - e a n e d r e l u [ A d a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment;

1) is sixteen years of age or under and is employed as a hand-hand-harvest harvest laborer, is paid on a piece-rate basis in an operation that has been, and is generally recognized as having been, paid on a piece-rate basis in the region of employment;

and 3) is paid at the same piece-rate as employees over age sixteen SB 35 Page 4 are paid on the same farm;

or h u (e) if the employee is principally » r t h engaged in the range production of livestock or in milk g e l i h r production;

i s h , [(10)] (9) an employee engaged in the e h t u g handling, drying, packing, packaging, processing, freezing or e b l e e , gh n d d i canning of any agricultural or horticultural commodity in its = = o h l ] b ,d unmanufactured state;

or i(10) aemployees ºof rcharitable, ereligious ror =nonprofit [(11)]organizations (10)who employeesreside on the premises of group homes operated by such charitable, religious tor enonprofit worganizations dfor mpersons who have a nmental, oemotional dor mdevelopmental :disability." SECTION 2.

b r e t º o t n = .218495.1AIC March 10, 2021 (3:20pm) s k m e - 5 - e a n e d r e l u [ A d or nonprofit organizations who reside on the premises of group homes operated by such charitable, religious or nonprofit organizations for persons who have a mental, emotional or developmental disability."»HCEDC SECTION HCEDCº1.»HCEDC HCEDCº2.»HCEDC Section 50-4-22 NMSA 1978 (being Laws 1955, Chapter 200, Section 3, as amended) is amended to read:

Except as provided in Subsection [B or D ] C of this section, an employer shall pay to an employee a minimum wage rate of:

(3) beginning January 1, 2021 and prior to January 1, 2022, at least ten dollars fifty cents ($10.50) an hSB g35 Page 5 hour;

o t hr (4) beginning January 1, 2022 and prior to g e i k January 1, 2023, at least eleven dollars fifty cents ($11.50) h r i s h an hour;

and , t, e u g (5) on and after January 1, 2023, at least e b l e e h twelve dollars ($12.00) an hour.

nB. d d i = = o h l ] b ,d [B.