A. An employer who violates or fails to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and upon conviction for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
B. A person who is convicted of a second or subsequent offense of violating or failing to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978 and shall be fined no less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) for each offense for which the person is convicted, which fine shall not be suspended, deferred or taken under advisement.
C. Each occurrence of a violation for which a person is convicted is a separate offense. Multiple violations arising from transactions with the same person or multiple violations arising from transactions with different people shall be considered separate occurrences.
D. In case the employer is a corporation, the fine provided in this section shall be assessed against the corporation as a penalty.
History: Laws 1937, ch. 109, § 11; 1941 Comp., § 57-311; 1953 Comp., § 59-3-11; 2005, ch. 257, § 8.
The 2005 amendment, effective June 17, 2005, provided in Subsection A that a person who violates or fails to comply with Sections 50-4-1 through 50-4-12 NMSA 1978 for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978; deleted the former provision, which specified the punishment for a violation of the act to be a fine of between $25 and $50 for each separate offense or imprisonment of between ten days and ninety days, or both; added Subsection B to provide the punishment of a second or subsequent offense of the act; and added Subsection C to provide that each violation is a separate offense and that multiple violations shall be considered separate occurrences.
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