44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999

RELATING TO WAGES; PROVIDING THAT EMPLOYEES EMPLOYED IN AGRICULTURE ARE EXEMPT FROM THE OVERTIME PROVISIONS OF THE MINIMUM WAGE ACT; AMENDING A SECTION OF THE MINIMUM WAGE ACT.

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. Every employer, except as provided in Section

50-4-21 NMSA 1978, shall pay the minimum wage rate of [$4.25] four dollars twenty-five cents ($4.25) an hour, excepting that 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.

B. All employees covered by Subsection A of this section who customarily and regularly receive more than thirty dollars ($30.00) a month in tips shall be paid a minimum hourly wage of two dollars twelve and one-half cents ($2.125). The employer may consider tips as part of wages, but such a wage credit shall not exceed fifty percent of the minimum wage. All tips received by such employees shall be retained by the employee, except that nothing [herein] in this section shall prohibit the pooling of tips among employees.

C. No employee covered by the provisions of Subsection A of this section shall be required to work more than forty hours in any week of seven days, unless he is paid one and one-half times his regular hourly rate of pay for all hours worked in excess of forty hours; provided that the provisions of this subsection do not apply to an employee employed in agriculture. As used in this subsection, "agriculture" has the meaning used in Section 203 of the federal Fair Labor Standards Act."