The labor commissioner [director of the labor and industrial division] shall have power and authority to take assignments of wage claims, of employees against employers, and shall also have power to take assignments of liens upon real or personal property securing the claims of employees and laborers, and shall have power and authority to prosecute actions for the collection of such claims and for the foreclosure of liens of such persons securing such claims of persons, who, in the judgment of the labor commissioner [director], are entitled to the services of the labor commissioner [director], and who, in his judgment, have claims or liens or both which are valid and enforceable in the courts. In cases where the commissioner [director] has taken assignments of labor claims which are lienable under the lien laws of the state of New Mexico he shall have power to join any number of claimants in one statement of claim or lien, and in case of suit to join any number of claimants in one cause of action.
History: Laws 1937, ch. 109, § 12; 1941 Comp., § 57-312; Laws 1945, ch. 48, § 1; 1953 Comp., § 59-3-12.
Bracketed material. — The bracketed material was inserted by the compiler and it is not part of the law.
Compiler's notes. — Laws 1987, ch. 342, § 33 provided that all references in law to the "labor commissioner" shall be construed as references to the "director of the labor and industrial division of the department of labor".
Laws 2007, ch. 200 repealed the labor department. Section 9-26-15 NMSA 1978 provides that all statutory references to the "labor department or any divisions of the labor department shall be deemed to be references to the workforce solutions department".
Cross references. — For actions by employees under Minimum Wage Act, see 50-4-26 NMSA 1978.
For acknowledgements for wage and salary assignments, see 14-13-11 NMSA 1978.
For joinder of claims, see Rule 1-018 NMRA.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4494.
Assignability of statutory claim against employer for nonpayment, 48 A.L.R.2d 1385.
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