HOUSE BILL 211

52nd legislature - STATE OF NEW MEXICO - second session, 2016

INTRODUCED BY

Jason C. Harper and Mark Moores

AN ACT

RELATING TO EMPLOYMENT; PREEMPTING LOCAL LAWS, POLICIES AND RESOLUTIONS FROM REGULATING TERMS OF PRIVATE-SECTOR EMPLOYMENT; REPEALING PROVISIONS OF LAW PERTAINING TO LOCAL MINIMUM WAGE LAWS.

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

     SECTION 1. [NEW MATERIAL] STATE PREEMPTION--EMPLOYMENT REGULATION.--A political subdivision of the state, including a home rule municipality, or institution of the state shall not adopt or continue in effect a law, policy or resolution that:

          A. regulates or attempts to regulate:

                (1) the relationship between a private-sector employer and its employees or potential employees if the law, policy or resolution contains a requirement exceeding that imposed by New Mexico or federal law; or

                (2) the hours, scheduling or leave that a private-sector employer provides its employees; or

          B. requires or attempts to require a private-sector employer to:

                (1) pay an employee a wage higher than the New Mexico minimum wage; or

                (2) provide an employee:

                     (a) paid or unpaid leave;

                     (b) a fringe benefit; or

                     (c) a benefit for which the employer would incur an expense.

     SECTION 2. REPEAL.--Section 50-4-22.1 NMSA 1978 (being Laws 2007, Chapter 47, Section 3) is repealed.

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