House Bill 22

HOUSE BILL 22

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Art De La Cruz and Joshua N. Hernandez and Yanira Gurrola

and Patricia Roybal Caballero and Dayan Hochman-Vigil

 

 

 

 

AN ACT

RELATING TO EMPLOYMENT; AMENDING THE MINIMUM WAGE ACT TO PROHIBIT EMPLOYERS FROM DEDUCTING CREDIT CARD FEES OR COSTS FROM EMPLOYEE TIPS; DECLARING AN EMERGENCY.

 

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. Except as provided in Subsection C of this section, an employer shall pay to an employee a minimum wage rate of:

                (1) prior to January 1, 2020, at least seven dollars fifty cents ($7.50) an hour;

                (2) beginning January 1, 2020 and prior to January 1, 2021, at least nine dollars ($9.00) an hour;

                (3) beginning January 1, 2021 and prior to January 1, 2022, at least ten dollars fifty cents ($10.50) an hour;

                (4) beginning January 1, 2022 and prior to January 1, 2023, at least eleven dollars fifty cents ($11.50) an hour; and

                (5) on and after January 1, 2023, at least twelve dollars ($12.00) an hour.

          B. 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.

          C. An employee who customarily and regularly receives more than thirty dollars ($30.00) a month in tips shall be paid a minimum hourly wage as follows:

                (1) prior to January 1, 2020, at least two dollars thirteen cents ($2.13) an hour;

                (2) beginning January 1, 2020 and prior to January 1, 2021, at least two dollars thirty-five cents ($2.35) an hour;

                (3) beginning January 1, 2021 and prior to January 1, 2022, at least two dollars fifty-five cents ($2.55) an hour;

                (4) beginning January 1, 2022 and prior to January 1, 2023, at least two dollars eighty cents ($2.80) an hour; and

                (5) on and after January 1, 2023, at least three dollars ($3.00) an hour. [and

          (6) the] D. An employer may consider tips as part of wages, but the tips combined with the employer's cash wage shall not equal less than the minimum wage rate as provided in Subsection A of this section. All tips received by such employees shall be retained by the employee, except that nothing in this section shall prohibit the pooling of tips among wait staff.

          E. An employer that allows patrons to pay tips by credit card shall pay the employee the full amount of the gratuity that the patron indicates on the credit card slip with no deductions for credit card processing fees or other costs that may be charged to the employer by a credit card company.

          [D.] F. An employee shall not be required to work more than forty hours in any week of seven days, unless the employee is paid one and one-half times the employee's regular hourly rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed salary for fluctuating hours and who is employed by an employer a majority of whose business in New Mexico consists of providing investigative services to the federal government, the hourly rate may be calculated in accordance with the provisions of the federal Fair Labor Standards Act of 1938 and the regulations pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum wage."

     SECTION 2. DECLARING AN EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.

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