SB 85 — DOMESTIC SERVICE IN MINIMUM WAGE ACT

SENATE BILL 85 54TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSIO, 2019 INTRODUCED BY Elizabeth "Liz" Stefanics and Christine Trujillo 6 8 FOR THE LEGISLATIVE HEALTH AND HUMAN SERVICES COMMITTEE 10 AN ACT RELATING TO EMPLOYMENT;

147 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 50-4-1 NMSA 1978 (being Laws 1937, e t 17 Chapter 109, Section 1) is amended to read:

w l n d 18 "50-4-1.

DEFINITIONS.--[(a)DEFINITIONS.--Whenever ] Whenever used in [this act] = = 19 Sections 50-4-1 through 50-4-12 NMSA 1978:

a l i a e r 20 A.

"employer" includes every person, firm, a t m m 21 partnership, association, corporation, receiver or other d r e 22 officer of the court of this state and any agent or officer of c e s k 23 any of the above-mentioned classes employing any person in this e a n b 24 state, except [employers of domestic labor in private homes u [ and] employers of livestock and agricultural labor;

and .211531.2 [(b)] B.

"wages" [shall mean] means all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece or commission basis or other method of calculating such amount." SECTION 2.

DEFINITIONS.--As used in the Minimum Wage SB 85 Act:

Page 1 A.

provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, e e 17 "employer" includes the state or any political subdivision of e e n d 18 the state;

and = = l ] 19 C.

"employee" includes an individual employed by an a l r i 20 employer, but shall not include:

t(1) e a t [(1) an individual employed in domestica mbona mfide 21executive, eadministrative dor rprofessional ecapacity 22and serviceforepersons, insuperintendents orand aboutsupervisors; a private home;

c(2) e r c 23 (2)] (1) an individual employed inby athe bonaUnited fideStates, ethe astate n b 24 executive, administrative or professionalany capacitypolitical andsubdivision uof [the forepersons,state; superintendents and supervisors;

.211531.2 - 2 - [(3)] (2) an individual employed by the United States, the state or any political subdivision of the state;

[(4)] (3) an individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does SB 85 Page 2 not, in fact, exist or where the services rendered to such organizations are on a voluntary basis.

e e 17 [(5)] (4) salespersons or employees e e n d 18 compensated upon piecework, flat rate schedules or commission = = l ] 19 basis;

a l r i 20 [(6)] (5) students regularly enrolled in t e a t primary or secondary schools working after school hours or on m m 21 e d r e 22 vacation;

c e r c 23 [(7)] (6) registered apprentices and learners e a n b 24 otherwise provided by law;

u [ [(8)] (7) persons eighteen years of age or .211531.2 - 3 - under who are not students in a primary, secondary, vocational or training school;

[(9)] (8) persons eighteen years of age or under who are not graduates of a secondary school;

] (9) G.I.

bill trainees while under [(10) training;

[(11)] (10) 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.

SB 85 Page 3 In approving or disapproving an application for a certificate of exemption, the director shall consider the following:

(b) that such employment will be of a e e 17 temporary nature;

e e n d 18 (c) that the individual will be = = l ] 19 furnished room and board in connection with such employment, or a l r i 20 if the camp or retreat is a day camp or retreat, the individual t e a t will be furnished board in connection with such employment;

m m 21 e d r e 22 (d) the purposes for which the camp or c e r c 23 retreat is operated;

e a n b 24 (e) the job classifications for the u [ positions to be exempted;

and .211531.2 - 4 - (f) any other factors that the director deems necessary to consider;

[(12)] (11) any employee employed in agriculture:

(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 [man-days ] person-days of agricultural labor;

(b) if the employee is the parent, spouse, child or other member of the employer's immediate SB 85 Page 4 family;

1) is employed as 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 e e 17 region of employment;

2) commutes daily from the employee's e e n d 18 permanent residence to the farm on which the employee is so = = l ] 19 employed;

and 3) has been employed in agriculture less than a l r i 20 thirteen weeks during the preceding calendar year;

t e a t (d) if the employee, other than an m m 21 e d r e 22 employee described in Subparagraph (c) of this paragraph:

1) c e r c 23 is sixteen years of age or under and is employed as a e a n b 24 hand-harvest laborer, is paid on a piece-rate basis in an u [ operation that has been, and is generally recognized as having .211531.2 - 5 - been, paid on a piece-rate basis in the region of employment;