U.S. DEPARTMENT OF LABOR AND NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS PARTNER TO PROTECT THE STATE’S WORKFORCE AND ENFORCE WAGE LAWS (NM)

Posted by National Alliance for Fair Contracting on

Agency: Wage and Hour Division
Date: February 11, 2020
Release Number: 20-21-DAL

ALBUQUERQUE, NM – The U.S. Department of Labor and the New Mexico Department of Workforce Solutions have signed a Memorandum of Understanding (MOU) to expand and improve the protection of New Mexico’s workforce, strengthen enforcement of wage laws and level the playing field for responsible employers.

The MOU will allow both organizations to work together to protect employee rights, defend law-abiding employers against unfair competition and maximize taxpayer resources.

“This agreement will help us better protect New Mexico’s workers and help the state’s employers understand wage laws and avoid costly non-compliance,” said Wage and Hour Division District Director Evelyn Sanchez in Albuquerque, New Mexico. “Working together, we can more effectively identify those employers that deliberately attempt to unfairly gain a competitive advantage over those that comply with the law.”

The agreement will help both agencies communicate and cooperate more effectively and efficiently in areas of common interest, including cross training staff and providing employers and employees with information about the law. By doing so, the two organizations seek to protect the wages, safety and health of America’s workforce.

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U.S. DEPARTMENT OF LABOR AND NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS PARTNER TO PROTECT THE STATE’S WORKFORCE AND ENFORCE WAGE LAWS (NM)

Posted by National Alliance for Fair Contracting on

Agency: Wage and Hour Division
Date: February 11, 2020
Release Number: 20-21-DAL

ALBUQUERQUE, NM – The U.S. Department of Labor and the New Mexico Department of Workforce Solutions have signed a Memorandum of Understanding (MOU) to expand and improve the protection of New Mexico’s workforce, strengthen enforcement of wage laws and level the playing field for responsible employers.

The MOU will allow both organizations to work together to protect employee rights, defend law-abiding employers against unfair competition and maximize taxpayer resources.

“This agreement will help us better protect New Mexico’s workers and help the state’s employers understand wage laws and avoid costly non-compliance,” said Wage and Hour Division District Director Evelyn Sanchez in Albuquerque, New Mexico. “Working together, we can more effectively identify those employers that deliberately attempt to unfairly gain a competitive advantage over those that comply with the law.”

The agreement will help both agencies communicate and cooperate more effectively and efficiently in areas of common interest, including cross training staff and providing employers and employees with information about the law. By doing so, the two organizations seek to protect the wages, safety and health of America’s workforce.

(Read More)

Lujan Grisham signs bill invalidating counties’ right-to-work laws (NM)

Posted by National Alliance for Fair Contracting on

Author: Andy Lyman
March 29th, 2019

Supporters of right-to-work legislation in New Mexico were dealt a big blow Wednesday when Gov. Michelle Lujan Grisham signed into law a bill to prohibit counties from passing their own right-to-work laws.

Compulsory union fees in the public sector was struck down by the U.S. Supreme Court in June 2018, but private sector unions can still require workers to pay union fees. It’s against the law for all unions to require workers to pay dues, but they can collect fees to pay for the wage and benefit bargaining.

With the governor’s signature, House Bill 85-sponsored by Democratic Reps. Daymon Ely of Albuquerque and Andrea Romero of Santa Fe-invalidates resolutions passed, over a span of about 14 months in 10 New Mexico counties and one village, that barred union membership as a condition of employment.

…

The bill was a direct answer to a push by right-leaning organizations, led by Americans for Prosperity, to localize efforts that failed to pass the Legislature in 2015. That year, with a majority in the House, Republicans passed a bill that would have made it illegal for employers or labor unions to require workers to join a union as part of the job. That bill never made it past the Democratically controlled Senate.

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Lujan Grisham signs bill invalidating counties’ right-to-work laws (NM)

Posted by National Alliance for Fair Contracting on

By Andy Lyman
March 29, 2019

Supporters of right-to-work legislation in New Mexico were dealt a big blow Wednesday when Gov. Michelle Lujan Grisham signed into law a bill to prohibit counties from passing their own right-to-work laws.

Compulsory union fees in the public sector was struck down by the U.S. Supreme Court in June 2018, but private sector unions can still require workers to pay union fees. It’s against the law for all unions to require workers to pay dues, but they can collect fees to pay for the wage and benefit bargaining.

With the governor’s signature, House Bill 85-sponsored by Democratic Reps. Daymon Ely of Albuquerque and Andrea Romero of Santa Fe-invalidates resolutions passed, over a span of about 14 months in 10 New Mexico counties and one village, that barred union membership as a condition of employment.

Lujan Grisham spokesman Tripp Stelnicki bluntly said state law takes precedence over local government.

“New Mexico is not a so-called ‘right-to-work’ state,” Stelnicki said. “That’s the reality in every county.”

The bill was a direct answer to a push by right-leaning organizations, led by Americans for Prosperity, to localize efforts that failed to pass the Legislature in 2015. That year, with a majority in the House, Republicans passed a bill that would have made it illegal for employers or labor unions to require workers to join a union as part of the job. That bill never made it past the Democratically controlled Senate.

A couple of years after that bill failed, Americans for Prosperity, a politically right-leaning group, began working with county commissions across the state to slowly pass their own right-to-work measures. Sandoval County was the first in the state to pass the law, but was quickly answered by a federal lawsuit from a labor union. The local labor union in that case argued the county did not have the authority to pass such a law and used an advisory letter from New Mexico Attorney General Hector Balderas to back up its claim.

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Rep. Christine Chandler Champions Fair Wages Bill To Prevent Wage Theft … Now Heads To House Floor (NM)

Posted by National Alliance for Fair Contracting on

Submitted by Carol A. Clark on February 23, 2019 – 8:34am

SANTA FE – The House Judiciary Committee passed Rep. Christine Chandler’s (D-Los Alamos) bill Friday to champion fair wages and benefits for workers. House Bill 246, regarding the Prevailing Wage, protects workers adversely affected by wage theft.

House Bill 246 ensures that New Mexicans are paid a fair wage for a hard day’s work by closing loopholes, providing a complaint resolution process, and increases penalties for violations. Addressing these issues in the Prevailing Wage law will keep jobs local, workplaces safe, and ensure quality workmanship in public projects.

Specifically, the bill makes certain that all employees working on public works projects are compensated fully. The bill also provides a process for workers to initiate prevailing wage complaints, and a mechanism for complaint resolution. House Bill 246 also increases penalties for those who do not properly compensate workers according to the Public Works Minimum Wage Act.

“Wage theft and treating workers unfairly undermines New Mexico’s economy. This legislation protects workers from exploitation and ensures they receive their hard-earned paychecks,” Rep. Chandler said. “Wage theft runs contrary to our values as New Mexicans, and I am proud to see this legislation move forward for working families.”

House Bill 246 now heads to the House floor.

(See Article)

New Mexico Agrees to Strengthen Wage-Theft Enforcement (NM)

Posted by National Alliance for Fair Contracting on

By MORGAN LEE, Associated Press
Dec. 20, 2017, at 7:23 p.m.

SANTA FE, N.M. (AP) – A legal settlement has been reached to shore up New Mexico’s enforcement of laws against wage theft by employers who fail to pay or fully pay workers, a coalition of workers’ rights groups announced on Wednesday.

The settlement, if approved by a state district court judge, resolves accusation that the Department of Workforce Solutions failed to enforce provisions of the state’s Minimum Wage Act by improperly dismissing complaints, failing to pursue claims over $10,000 and not holding employers liable for damages.

It would require the Division of Labor Relations pursue more accusations of wage theft, make it easier for non-English speakers and others to file claims, and force negligent employers to pay back unpaid wages three-fold, the advocacy groups said.

New Mexico Center for Law and Poverty attorney Elizabeth Wagoner says more than 500 claims of wage theft are filed with the state each year. She estimated that state officials previously denied one out of every four complaints for improper reasons, while more claims were never filed because of administrative and language barriers.

…

The agency said some disputed policies and procedures have been in place since before Gov. Susana Martinez took office in 2011, without specifying which ones. Plaintiffs said the state failed to effectively enforce elements of a 2009 law designed to facilitate wage-theft investigations.

Provisions of the proposed settlement include:

-Lifting the $10,000 on claims of missing wages.

-Extends the statute of limitations for filing a claim from one year to three years.

-The Division of Labor Relations must seek damages on behalf of workers against employers.

-The state must provide Spanish-language claims forms and provide interpretation services for other languages.

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Santa Fe judge allows wage-theft enforcement suit to continue

Posted by National Alliance for Fair Contracting on

By T.S. Last/Journal NorthFriday, April 28th, 2017 at 4:56pm

SANTA FE – District Court Judge David K. Thomson on Friday rejected a motion by the New Mexico Department of Workforce Solutions to dismiss a lawsuit filed claiming the department was not enforcing state wage theft laws.

The lawsuit was filed in January by four people who say they were victims of wage theft and a coalition of workers’ rights groups. They allege that the department doesn’t hold guilty employers liable for statutory damages during the administrative enforcement phase of a case; improperly imposes a $10,000 cap on investigating wage theft claims; doesn’t investigate or take action against a business when a claim is more than a year old; and refuses claims when workers get snagged by administrative red tape.

“This ruling reaffirms that every hard working New Mexican – not just those with the money to hire lawyers – deserves to be paid for their work,” Elizabeth Wagoner of the New Mexico Center on Law and Poverty, the lead attorney for the plaintiffs, said in a news release. “Our state government cannot turn a blind eye when employers break laws protecting working people.”

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Department of Workforce Solutions ordered to stop rejecting wage-theft claims (NM)

Posted by National Alliance for Fair Contracting on

Posted: Tuesday, January 31, 2017 7:00 pm
By Phaedra Haywood
The New Mexican

A Santa Fe judge ordered the state Department of Workforce Solutions to temporarily stop rejecting wage-theft claims under what a group of workers claims are misguided policies.

Attorneys who filed a class-action lawsuit last month claim the state agency has allowed businesses to get away with cheating employees out of receiving a required minimum wage and overtime pay. The complaint accuses the department of adopting policies that allow it to dismiss and deny claims for reasons that are not supported by law.

For example, the lawsuit says, the department has refused to investigate complaints of wage theft involving more than $10,000 even though no law precludes this and has ignored claims that date back more than one year.

The judge’s restraining order was jointly requested by the New Mexico Center on Law and Poverty and workers’ rights groups including Centro de Igualdad Y Derechos, NM Comunidades En Accion Y De Fé, Organizers in the Land of Enchantment and Somos Un Pueblo Unido.

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