A. It is the duty of the labor commissioner [director] to investigate any violations of Sections 50-4-1 through 50-4-12 NMSA 1978 and to institute or cause to be instituted actions for the enforcement of the same. The labor commissioner [director] may hold hearings to satisfy himself as to the justice of any claim, and he shall cooperate with any employee in the enforcement of any claim against his employer whenever, in the opinion of the labor commissioner [director], the claim is just and valid.
B. It is the duty of all district attorneys to prosecute all cases, both civilly and criminally, which are referred to them by the labor commissioner.
C. It shall not be a defense to any action brought pursuant to this section that the plaintiff or complainant is an undocumented worker. It is not intended by this section to create any right to collect unemployment compensation nor to mandate any wage rate.
History: Laws 1937, ch. 109, § 8; 1941 Comp., § 57-308; 1953 Comp., § 59-3-8; Laws 1983, ch. 157, § 1.
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Laws 2007, ch. 200 repealed the labor department.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".
Appealability of wage claim determination. — A party who is involved in a wage claim determination by the labor commissioner (now director of the labor and industrial division) may not appeal that determination directly to the court of appeals. E. Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.
Once the statutory provisions for enforcement of wage claims are invoked through proceedings in the district court (this section and Section 50-1-3 NMSA 1978) claimants may appeal the district court's decision pursuant to Rule 3, N.M.R. App. P. (Civ.) (now Rule 12-201 NMRA). E. Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.
Appeal authorized by 12-8-16 NMSA 1978 does not allow appeals from determinations of the labor commissioner (now director of the labor and industrial division), since the Administrative Procedures Act (Sections 12-8-1 to 12-8-25 NMSA 1978) applies only to agencies made subject to the act "by agency rule or regulation if permitted by law", or which is specifically placed by law under the act. E. Indem. Co. v. Heller, 1984-NMCA-125, 102 N.M. 144, 692 P.2d 530.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 4188 et seq.
51 C.J.S. Labor and Labor Relations § 16.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.