In case of dispute over wages, the employer shall give written notice to the employee of the amount of wages which he concedes to be due, and shall pay such amount, without condition, within the times fixed by this act [50-4-1 to 50-4-12 NMSA 1978]. The acceptance by the employee of any payment so made, shall not constitute a release as to the balance of his claim. The provisions of Section 4 [50-4-4 NMSA 1978] shall not be applicable in cases arising under this section, except as herein provided.
History: Laws 1937, ch. 109, § 7; 1941 Comp., § 57-307; 1953 Comp., § 59-3-7.
Failure to comply with statutory conditions. — An employer failed to comply with statutory conditions since it did not pay the amount conceded to be due employees within the times required by Section 50-4-4 NMSA and since it could not show that it gave written notice of the amount conceded to be due as required by this section; giving a payroll check to the employees for undisputed wages did not satisfy the latter requirement. Wolf v. Sam's Town Furniture Co., 1995-NMCA-114, 120 N.M. 603, 904 P.2d 52.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4196 et seq.
Validity, construction, and effect of state laws requiring payment of wages on discharge of employee immediately or within specified period, 18 A.L.R.5th 577.
Reexhaustion of arbitration procedure as appropriate course for resolving backpay issues arising as a result of resolution of grievance, 59 A.L.R. Fed. 501.
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