HOUSE BILL 28
56th legislature - STATE OF NEW MEXICO - first session, 2023
Miguel P. Garcia
RELATING TO LABOR; PROVIDING AN ANNUAL COST-OF-LIVING INCREASE TO THE STATE MINIMUM WAGE RATE BEGINNING IN 2023; PROVIDING THAT CERTAIN TIPPED EMPLOYEES RECEIVE AN HOURLY RATE THAT IS TWENTY-FIVE PERCENT OF THE PREVAILING HOURLY MINIMUM WAGE RATE PLUS TIPS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 50-4-22 NMSA 1978 (being Laws 1955, Chapter 200, Section 3, as amended) is amended to read:
"50-4-22. MINIMUM WAGES.--
A. Except as provided in Subsection C of this section, an employer shall pay to an employee a 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 nine dollars ($9.00) an hour;
(3) beginning January 1, 2021 and prior to January 1, 2022, at least ten dollars fifty cents ($10.50) an hour;
(4) beginning January 1, 2022 and prior to January 1, 2023, at least eleven dollars fifty cents ($11.50) an hour; and
(5) on and after January 1, 2023] at least twelve dollars ($12.00) an hour. As of July 1, 2023 and on July 1 of each successive year, the minimum wage rate shall be increased for the cost of living as provided in Subsection E of this section.
B. 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. 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:
(1) prior to January 1, 2020, at least two dollars thirteen cents ($2.13) an hour;
(2) beginning January 1, 2020 and prior to January 1, 2021, at least two dollars thirty-five cents ($2.35) an hour;
(3) beginning January 1, 2021 and prior to January 1, 2022, at least two dollars fifty-five cents ($2.55) an hour;
(4) beginning January 1, 2022 and prior to January 1, 2023, at least two dollars eighty cents ($2.80) an hour;
(5) on and after January 1, 2023, at least three dollars ($3.00) an hour; and
(6) the employer may consider tips as part of wages, but the tips combined with the employer's cash wage shall not equal less than the minimum wage rate as provided in Subsection A of this section] that is twenty-five percent of the prevailing hourly minimum wage rate at the time the hours were worked; provided that the employer may consider tips as part of wages, but the tips combined with the employer's cash wage shall not equal less than the minimum wage rate as provided in Subsection A of this section. All tips received by such employees shall be retained by the employee, except that nothing in this section shall prohibit the pooling of tips among wait staff.
D. An employee shall not be required to work more than forty hours in any week of seven days, unless the employee is paid one and one-half times the employee's regular hourly rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed salary for fluctuating hours and who is employed by an employer a majority of whose business in New Mexico consists of providing investigative services to the federal government, the hourly rate may be calculated in accordance with the provisions of the federal Fair Labor Standards Act of 1938 and the regulations pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum wage.
E. On July 1, 2023 and on July 1 of each successive year, the minimum wage rate shall be increased by the increase in the cost of living. The increase in the cost of living shall be measured by the percentage increase of the consumer price index in the immediately preceding calendar year for all urban consumers, United States city average for all items, or a successor index, as published by the United States department of labor or a successor agency, with the amount of the minimum wage rate increase rounded to the nearest multiple of five cents ($.05); provided that the minimum wage rate shall not be adjusted downward as a result of a decrease in the cost of living. The workforce solutions department shall publish by May 1 of each year the adjusted minimum wage rates that shall take effect the following July 1."
SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2023.
- 4 -