This chapter is enacted pursuant to its general police powers and the authority in NMSA 1978, section 437-1 (1975) (as amended) to make and publish any ordinance to discharge the powers not inconsistent with statutory or constitutional limitations placed on counties and to exercise powers that are necessary and proper to provide for the safety, preserve the health, promote the prosperity and improve the morals, order, comfort and convenience of the county’s inhabitants, and NMSA 1978, section 4-37-3 (1993) (as amended) which permits prosecution of violations of county ordinances in any court of competent jurisdiction.
(Ordinance 2014-01 adopted 2/25/14)
Apprentice.
A person bound to serve another for a specified time in order to learn some art, trade, profession, or business.
Base wage.
The minimum hourly rate of compensation that an employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips shall be paid pursuant to this chapter.
Commission.
A payment based on a percentage of the value of sales or other business done.
Living wage.
The minimum hourly rate of compensation that an employee shall be paid.
Tip.
A gratuity earned by an employee for providing good service.
(Ordinance 2014-01 adopted 2/25/14)
(A) 
This chapter shall be effective within the exterior unincorporated boundaries of the county.
(B) 
The county government shall pay the living wage established by section 118.05 of this chapter to its employees. However, the provisions of this subsection are expressly limited by and subject to collective bargaining agreements between the county and any bargaining unit.
(C) 
As of the effective date of this chapter, contracts entered into by the county government for services, including construction services, shall require the contractor to pay the living wage established by this chapter.
(D) 
Businesses who undertake an economic development project and execute a project participation agreement with the county shall pay the living wage established by this chapter for the duration of the project.
(E) 
Businesses required by the county ordinance to have a business license from the county shall pay the living wage established by this chapter.
(F) 
For purposes of identifying who shall be paid the living wage established by this chapter, all individuals employed by or providing work to an employer identified in subsections (A) through (E) above, whether on a part-time, full-time or temporary basis, shall be considered to be an employee for purposes of this chapter. Also considered an employee for purposes of this chapter are contingent or contracted workers, and persons working through a temporary service, staffing or employment agency or similar entity. However, the following shall not be considered employees entitled to the living wage established by this chapter:
(1) 
An individual employed by the United States, the state or any political subdivision of the state other than the county;
(2) 
An individual engaged in the activities of 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;
(3) 
Apprentices in a registered apprentice program recognized by the state apprenticeship and training committee or the Federal Bureau of Apprenticeship and Training, as well as any apprentice participating in an apprenticeship program providing significant instructional and practical experience and offered by a 501C(3);
(4) 
G.I. bill trainees during training;
(5) 
Temporary employees of an educational, charitable or religious youth camp or retreat where room and board is provided to the employee, or if a day camp, where board only is provided. To qualify under this exemption the employer must hold a valid certificate issued annually by the director of the labor relations division of the workforce solutions department of the State of New Mexico pertaining to exemption of seasonal employees;
(6) 
Any employee that is the parent, spouse, child or other member of the employer’s immediate family; for purposes of this subsection, the employer shall include the principal stockholder of a family corporation;
(7) 
Interns working for a business for academic credit in connection with a course of study at an accredited school, college or university; and
(8) 
Persons working for a business in connection with a court-ordered community service program.
(Ordinance 2014-01 adopted 2/25/14)
(A) 
The board of county commissioners (hereinafter referred to as “the board”) finds that the public welfare, health, safety and prosperity of the citizens of the county requires that citizens be paid a living wage sufficient to ensure a decent and healthy life;
(B) 
The board finds that establishing a mandatory minimum hourly wage will promote the public welfare, health, safety and prosperity by ensuring that citizens can better support and care for their families through their own efforts;
(C) 
According to the United States Census Bureau:
(1) 
The average earnings per capita in the county is twenty-three percent (23%) below the national average and the cost of living is eighteen percent (18%) above the national average; and
(2) 
Fifteen and six-tenths percent (15.6%) of residents in the county lived below the poverty level between 2007 and 2011;
(D) 
The board finds that housing costs in the county are higher than in most other parts of the state, and low income workers spend a disproportionate percentage of their income sheltering themselves and their families;
(E) 
The board finds that when businesses do not pay adequate wages, the community bears the cost in the form of increased demand for taxpayer-funded social services;
(F) 
The county developed an affordable housing program that requires developers to include affordable homes in each subdivision, down payment assistance, assistance with roof repairs and other housing-related benefits;
(G) 
The board finds that it has expended public funds to provide summer programs for children residing in the county and to fund medical care for indigent residents; and
(H) 
The board finds that it is in the public interest to require that employers benefiting from the opportunity to do business in the county pay employees a living wage that is adequate to meet the basic needs of living in the county.
(Ordinance 2014-01 adopted 2/25/14)
(A) 
Except as provided in subsection (B) below, the living wage paid to an employee shall be ten dollars and sixty-six cents ($10.66) per hour. Beginning March 1, 2015, and each year thereafter, the living wage shall be adjusted upward by an amount corresponding to the previous year’s increase, if any, in the consumer price index for the Western Region for Urban Wage Earners and Clerical Workers. The county shall post the living wage established by this chapter on the county’s website after this chapter becomes effective and prior to each adjustment of the living wage.
(B) 
An employer shall pay an employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips and/or commissions:
(1) 
The base wage; and
(2) 
An amount determined by subtracting from the living wage both the base wage and the tips and commissions actually received by an employee; provided that, if the result of this calculation is less than zero, no additional wages are due under this subsection.
Until January 1, 2015, the base wage is the minimum cash wage that must be paid to tipped employees under the federal Fair Labor Standards Act of 1938, 29 U.S.C., chapter 8. Commencing on January 1, 2015, the base wage shall be thirty percent of the living wage established by this chapter. On January 1, 2015 the base wage rate shall be three dollars and twenty cents ($3.20) per hour. Thereafter, the base wage shall increase simultaneous with each living wage increase. Tips received by an employee shall be determined in accordance with the federal Fair Labor Standards Act of 1938, 29 U.S.C., chapter 8, and implementing regulations.
(Ordinance 2014-01 adopted 2/25/14; Ordinance 2014-05 adopted 5/27/14)
It shall be unlawful for any employer or employer’s agent or representative to discharge, demote, deny promotion to or in any way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to this chapter or assisting another person to do so.
(Ordinance 2014-01 adopted 2/25/14)
(A) 
A person violating this chapter shall be guilty of a misdemeanor and, upon conviction, may be punished in accordance with NMSA 1978, section 4-37-3 (1975) (as amended). A person violating any of the requirements of this chapter shall be guilty of a separate offense for each day or portion thereof and for each worker or person as to which any such violation has occurred. This chapter may be enforced by a duly authorized code enforcement officer.
(B) 
The county, any individual aggrieved by a violation of this chapter, or any entity whose members have been aggrieved by a violation of this chapter, may bring a civil action in a court of competent jurisdiction to restrain, correct, abate or remedy any violation of this chapter and, upon prevailing, shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, reinstatement, the payment of any wages due, an additional amount as liquidated damages equal to twice the amount of any wages due, injunctive relief, and reasonable attorney’s fees and costs.
(C) 
The remedies provided in this chapter are not exclusive, and nothing in this chapter shall preclude any person from seeking any other remedies, penalties, or relief provided by law.
(Ordinance 2014-01 adopted 2/25/14)
Nothing in this chapter shall be deemed to nor shall be applied in such a manner so as to have a constitutionally prohibited effect as an ex post facto law or impairment of an existing contract within the meaning of New Mexico Constitution, article II, section 19.
(Ordinance 2014-01 adopted 2/25/14)