New Mexico 2019 Regular Session Status: Enacted 1 R cosponsors

SB 437 — RAISE MINIMUM WAGE & CREATE SEPARATE ONE

Last action — Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2019. Enacted.

Prognosis

Advancing 52% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

214 added · 524 removed

Plain-language change summary

The bill SB 437 has been updated to include a new provision that establishes a separate minimum wage specifically for employed secondary school students. This change aims to provide these young workers with a wage that reflects their unique status as students, potentially allowing them to gain work experience while still balancing their education. Additionally, some sections regarding public contracts and reimbursement for contractors and subcontractors were removed, likely to simplify the bill's focus. This matter is significant as it highlights the state's commitment to supporting young workers in the labor market.

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SENATE CORPORATIONS AND TRANSPORTATION COMMITTEE SUBSTITUTE FOR SENATE BILL 437 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2019 Pursuant to House Rule 24-1, this document incorporates amendments that have been adopted prior to consideration of this measure by the House.
AN ACT RELATING TO LABOR;
It is a tool to show the amendments in context and is not to be used for the purpose of amendments.
AN ACT h RELATING TO LABOR;
PROVIDING A g o SEPARATE MINIMUM WAGE FOR EMPLOYED SECONDARY SCHOOL STUDENTS t hr g e i k CCº Hflº;
PROVIDING A SEPARATE MINIMUM WAGE FOR EMPLOYED SECONDARY SCHOOL STUDENTS.
REQUIRING THAT PUBLIC CONTRACTS PROVIDE FOR INCREASED h r i s CONTRACTOR AND SUBCONTRACTOR REIMBURSEMENT AND WORKER WAGE h , t, INCREASES IN ACCORDANCE WITH AND CONCURRENT WITH STATE MINIMUM e u g e b l e e h WAGE INCREASES»HFl»CC.
5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
n d d i = = o h l ] b ,d i a º e BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1.
r i = r t e w d m a n o SECTION 1.
Section 50-4-21 NMSA 1978 (being Laws 1955, Chapter 200, Section 2, as amended) is amended to read:
Section 50-4-21 NMSA 1978 (being Laws 1955, d m :
b e d s º o t n = .214792.1 s k m e e a n e d r e l u [ A d SCORC/SB 437 Chapter 200, Section 2, as amended) is amended to read:
"employer" includes any individual, partnership, association, corporation, business trust, legal representative or [any ] organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state or any political subdivision of the state;
"employer" includes any individual, partnership, association, corporation, business trust, legal representative or organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state or any political subdivision of the state;
(1) an individual employed in domestic service h in or about a private home;
(1) an individual employed in domestic service in or about a private home;
g o (2) an individual employed in a bona fide t hr g e i k executive, administrative or professional capacity and h r i s forepersons, superintendents and supervisors;
SCORC/SB 437 (2) an individual employed in a bona fide Page 1 executive, administrative or professional capacity and forepersons, superintendents and supervisors;
h , t, (3) an individual employed by the United e u g e b l e e h States, the state or any political subdivision of the state;
(3) an individual employed by the United States, the state or any political subdivision of the state;
n d d i = = o h provided, however, that for the purposes of Subsection A of l ] b ,d i a º e Section 50-4-22 NMSA 1978, "employee" includes an individual r i = r t e w d employed by the state or any political subdivision of the m a n o d m :
provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, "employee" includes an individual employed by the state or any political subdivision of the state;
b e d s º o t n = .214792.1 s k m e - 2 - e a n e d r e l u [ A d state;
The employer-employee relationship shall not be deemed to exist with respect to an individual being served for purposes of rehabilitation by a charitable or nonprofit organization, notwithstanding the payment to the individual of a stipend based upon the value of the work performed by the individual;
The employer- employee relationship shall not be deemed to exist with respect to an individual being served for purposes of rehabilitation by a charitable or nonprofit organization, notwithstanding the payment to the individual of a stipend based upon the value of the work performed by the individual;
[(6) students regularly enrolled in primary or secondary schools working after school hours or on vacation;
(6) registered apprentices and learners otherwise provided by law;
(7)] (6) registered apprentices and learners otherwise provided by law;
(7) persons eighteen years of age or under who are not students in a primary, secondary, vocational or training school;
[(8)] (7) persons eighteen years of age or under who are not students in a primary, secondary, vocational h or training school;
SCORC/SB 437 Page 2 (8) G.I.
g o HLVMCº [(9)] (8) persons eighteen years of age t hr g e i k or under who are not graduates of a secondary school;»HLVMC h r i s [(10)] HLVMCº(9) (8)»HLVMC G.I.
bill trainees while under training;
bill trainees h , t, while under training;
(9) seasonal employees of an employer obtaining and holding a valid certificate issued annually by the director of the labor relations division of the workforce solutions department.
e u g e b l e e h [(11)] HLVMCº(10) (9)»HLVMC seasonal n d d i = = o h employees of an employer obtaining and holding a valid l ] b ,d i a º e certificate issued annually by the director of the labor r i = r t e w d relations division of the workforce solutions department.
The certificate shall state the job designations and total number of employees to be exempted.
The m a n o d m :
b e d s º o t n = .214792.1 s k m e - 3 - e a n e d r e l u [ A d SCORC/SB 437 certificate shall state the job designations and total number of employees to be exempted.
and h (f) any other factors that the director g o deems necessary to consider;
and (f) any other factors that the director deems necessary to consider;
t hr g e i k [(12)] HLVMCº(11) (10)»HLVMC any employee h r i s employed in agriculture:
(10) any employee employed in agriculture:
h , t, (a) if the employee is employed by an e u g e b l e e h employer who did not, during any calendar quarter during the n d d i = = o h preceding calendar year, use more than five hundred [man-days ] l ] b ,d i a º e person-days of agricultural labor;
SCORC/SB 437 Page 3 (a) if the employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred person- days of agricultural labor;
r i = r t e w d m a n o (b) if the employee is the parent, d m :
(b) if the employee is the parent, spouse, child or other member of the employer's immediate family;
b e d s º o t n = .214792.1 s k m e - 4 - e a n e d r e l u [ A d spouse, child or other member of the employer's immediate family;
1) is sixteen years of age or under and is employed as a hand- 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;
1) is sixteen years of age or under and is employed as a hand-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 h piece-rate as employees over age sixteen are paid on the same g o farm;
and SCORC/SB 437 Page 4 3) is paid at the same piece-rate as employees over age sixteen are paid on the same farm;
or t hr g e i k (e) if the employee is principally h r i s engaged in the range production of livestock or in milk h , t, production;
or (e) if the employee is principally engaged in the range production of livestock or in milk production;
e u g e b l [(13)] HLVMCº(12) (11)»HLVMC an employee e e h n d d i = = o h engaged in the handling, drying, packing, packaging, l ] b ,d i a º e processing, freezing or canning of any agricultural or r i = r t e w d horticultural commodity in its unmanufactured state;
(11) an employee engaged in the handling, drying, packing, packaging, processing, freezing or canning of any agricultural or horticultural commodity in its unmanufactured state;
or m a n o d m :
or (12) employees of charitable, religious 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." SECTION 2.
b e d s º o t n = .214792.1 s k m e - 5 - e a n e d r e l u [ A d SCORC/SB 437 [(14)] HLVMCº(13) (12)»HLVMC employees of charitable, religious 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." SECTION 2.
MINIMUM WAGES.-- [A.
MINIMUM WAGES.-- A.
An employer shall pay an employee the minimum wage rate of six dollars fifty cents ($6.50) an hour.
As of January 1, 2009, an employer shall pay the minimum wage rate of seven dollars fifty cents ($7.50) an hour.] HLVMCºA.
Except as provided in Subsection B of this section, an employer shall pay to an employee a minimum wage rate of:
(1) prior to October 1, 2019, at least seven h dollars fifty cents ($7.50) an hour;
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g o t hr (2) beginning October 1, 2019 and prior to g e i k April 1, 2020, at least nine dollars twenty-five cents ($9.25) h r i s an hour;
h , t, e u g (3) beginning April 1, 2020 and prior to e b l e e h January 1, 2021, at least ten dollars ($10.00) an hour;
n d d i = = o h (4) beginning January 1, 2021 and prior to l ] b ,d i a º e r i = r January 1, 2022, at least ten dollars fifty cents ($10.50) an t e w d m a n o hour;
and d m :
b e d s º o t n = .214792.1 s k m e - 6 - e a n e d r e l u [ A d (5) on and after January 1, 2022, at least eleven dollars ($11.00) an hour.»HLVMC CCºHLVMCºA.
Except as provided in Subsection B or C of this section, an employer shall pay to an employee 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 ten dollars ($10.00) an hour;
(3) beginning January 1, 2021 and prior to January 1, 2022, at least eleven dollars ($11.00) an hour;
and (4) on and after January 1, 2022, at least twelve dollars ($12.00) an hour.
B.
Beginning January 1, 2023 and on January 1 of each successive year, the minimum wage rate provided in Subsection A of this section shall be increased by the lesser of three percent or the increase in the cost of living.
The increase in the cost of living shall be measured by the percentage increase as of August of the immediately preceding h g year over the level as of August of the previous year of the o t hr consumer price index for all urban consumers, United States g e i k city average for all items, or its successor index, as h r i s h published by the United States department of labor or its , t, e u g successor agency, with the amount of the minimum wage rate e b l e e h increase rounded to the nearest multiple of five cents ($.05);
n d d i = = o h however, the minimum wage rate shall not be adjusted downward l ] b ,d i a º e r i = r as a result of a decrease in the cost of living.
The workforce t e w d m a n o solutions department shall publish by October 1 of each year d m :
b e d s º o t n = .214792.1 s k m e - 7 - e a n e d r e l u [ A d SCORC/SB 437 the adjusted minimum wage rates that shall take effect the following January 1.»HLVMC»CC CCº A.
(3) beginning January 1, 2021 and prior to January 1, 2022, at least ten dollars fifty cents ($10.50) an hour;
(3) beginning January 1, 2021 and prior to SCORC/SB 437 Page 5 January 1, 2022, at least ten dollars fifty cents ($10.50) an hour;
and (5) on and after January 1, 2023, at least h g twelve dollars ($12.00) an hour.»CC o t hr CCº HLVMCºB.
and (5) on and after January 1, 2023, at least twelve dollars ($12.00) an hour.
C.»HLVMC B.»CC On and after g e i k HLVMCºOctober 1, 2019»HLVMC HLVMCºJanuary 1, 2020»HLVMC, an h r i s h employer who employs a student regularly enrolled in secondary , t, e u g school to work after school hours or when school is not in e b l e e h session shall pay the student a minimum wage rate of at least n d d i = = o h eight dollars fifty cents ($8.50) an hour unless the student is l ] b ,d i a º e r i = r employed pursuant to Subsection CCºHLVMCºD E»HLVMC D»CC of t e w d m a n o this section, in which case the provisions of that subsection d m :
B.
b e d s º o t n = .214792.1 s k m e - 8 - e a n e d r e l u [ A d shall apply to the student.
On and after January 1, 2020, an employer who employs a student regularly enrolled in secondary school to work after school hours or when school is not in session shall pay the student a minimum wage rate of at least eight dollars fifty cents ($8.50) an hour unless the student is employed pursuant to Subsection D of this section, in which case the provisions of that subsection shall apply to the student.
In each case, the employer shall follow the provisions of the Child Labor Act, and Subsection CCºHLVMCºE F»HLVMC E»CC of this section shall not apply to the student.
In each case, the employer shall follow the provisions of the Child Labor Act, and Subsection E of this section shall not apply to the student.
[B.] CCºHLVMCºC.
C.
D.»HLVMC C.»CC 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.
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.
D.
] CCºHLVMCºD.
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:
E.»HLVMC D.»CC An employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips shall be paid a minimum hourly wage [of two dollars thirteen cents ($2.13).
(1) prior to January 1, 2020, at least two SCORC/SB 437 Page 6 dollars thirteen cents ($2.13) an hour;
The] HLVMCºas follows:
(1) prior to October 1, 2019, at least two dollars thirteen cents ($2.13) an hour;
(2) beginning October 1, 2019 and prior to April 1, 2020, at least two dollars thirty-eight cents ($2.38) an hour;
(3) on and after April 1, 2020, at least two dollars fifty cents ($2.50) an hour;
and h (4) the»HLVMC CCºHLVMCºthat is thirty g o t hr percent of the minimum hourly wage rate provided in Subsection g e i k A of this section at the time the hours were worked in addition h r i s to tips received.
The»HLVMC»CC CCºas follows:
h , t, e u g (1) prior to CCºOctober 1, 2019, at least two e b l e e h dollars thirteen cents ($2.13) an hour;
n d d i = = o h (2) beginning October 1, 2019 and prior to l ] b ,d i a º e r i = r April 1, 2020, at least two dollars thirty-eight cents ($2.38) t e w d m a n o an hour;
d m :
b e d s º o t n = .214792.1 s k m e - 9 - e a n e d r e l u [ A d SCORC/SB 437 (3) on and after April 1, 2020, at least two dollars fifty cents ($2.50) an hour;
and (4) the»CC»CC CCºJanuary 1, 2020, at least two dollars thirteen cents ($2.13) an hour;
and (6)»CC employer may consider tips as part of h g wages, but the tips combined with the employer's cash wage o t hr shall not equal less than the minimum wage rate as provided in g e i k Subsection A of this section.
and (6) the 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 h r i s employees shall be retained by the employee, except that h , t, e u g nothing in this section shall prohibit the pooling of tips e b l e e h among HLVMCº employees»HLVMC HLVMCºwait staff»HLVMC.
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.
n d d i = = o h [D.] CCºHLVMCºE.
E.
F.»HLVMC E.»CC An employee shall l ] b ,d i a º e r i = r not be required to work more than forty hours in any week of t e w d m a n o seven days, unless the employee is paid one and one-half times d m :
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.
b e d s º o t n = .214792.1 s k m e - 10 - e a n e d r e l u [ A d 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 SCORC/SB 437 Page 7 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 pursuant to that act;
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 pursuant to that act;
provided that in no case shall the hourly rate be less than the federal minimum wage." SECTION 3.
provided that in no case shall the hourly rate be less than the federal minimum wage." CCºHflºSECTION 3.
EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2020.
A new section of the Minimum Wage Act is enacted to read:
SCORC/SB 437 Page 8 25
"[NEW MATERIAL] PUBLIC CONTRACTS--SERVICES--MINIMUM WAGE INCREASES.-- A.
Beginning July 1, 2019, a state agency that contracts for services shall include in the terms of that contract:
(1) a provision for increasing reimbursement so the contractor and any subcontractor to that contract are held harmless for any wage increase resulting from an increase h in the state minimum wage;
and g o t hr (2) a requirement that individuals employed g e i k pursuant to that contract or a subcontract of that contract who h r i s are paid the state minimum wage shall receive wage increases in h , t, e u g accordance with and concurrent with increases in the state e b l e e h minimum wage.
n d d i = = o h B.
As used in this section:
l ] b ,d i a º e r i = r (1) "contract" means any agreement for the t e w d m a n o procurement of services;
d m :
b e d s º o t n = .214792.1 s k m e - 11 - e a n e d r e l u [ A d SCORC/SB 437 (2) "services" means the furnishing of labor, time or effort by a contractor or subcontractor not involving the delivery of a specific end product other than reports and other materials that are merely incidental to the required performance;
and (3) "subcontract" means a contract subordinate to another superordinate contract, which subcontract is to procure in whole or in part services to be procured under the terms of the superordinate contract."»Hfl»CC CCº SECTION 3.
EFFECTIVE DATE.--The effective date of the provisions of this act is January 1, 2020.»CC h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :
b r e t º o t n = .214792.1 s k m e - 12 - e a n e d r e l u [ A d
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Action History

  1. Signed

  2. House report adopted

  3. Senate report adopted

  4. Sent to Conference Committee

  5. this procedure could follow if the Senate refuses to recede from its amendments

  6. Senate failed to concur in House amendments

  7. passed House

  8. floor substitute adopted (1 amendment)

  9. DO PASS, as amended, committee report adopted

  10. Sent to House Labor, Veterans & Military Affairs Committee

  11. passed Senate

  12. DO NOT PASS, replaced with committee substitute

  13. DO PASS committee report adopted

  14. Sent to Senate Public Affairs Committee & Senate Corporations and Transportation Committee

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 111 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (111)

111 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 437?
SB 437 is sponsored by Joshua A. Sanchez (Republican).
What is the current status of SB 437?
This bill has been enacted into law. Introduced January 31, 2019. Enacted.
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