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NM Department of Workforce Solutions
ARTICLE 4
Conditions; Payment of Wages
Definitions.
A. Whenever used in this act [50-4-1 to 50-4-12 NMSA 1978], "employer" includes every person, firm, partnership, association, corporation, receiver or other officer of the
court of this state, and any agent or officer of any of the above mentioned classes, employing any person in this state, except employers of domestic labor in private homes and
employers of livestock and agricultural labor.
B. "Wages" shall mean all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, commission basis
or other method of calculating such amount.
50-4-2
Semimonthly and monthly pay days.
A. An employer in this state shall designate regular pay days, not more than sixteen days apart, as days fixed for the payment of
wages to all employees paid in this state. The employer shall pay for services rendered from the first to the fifteenth days, inclusive, of any calendar month by the
twenty-fifth day of the month during which services are rendered, and for all services rendered from the sixteenth to the last day of the month, inclusive, of any calendar month
by the tenth day of the succeeding month. Where computation of earnings and of amounts due, preparation of payrolls and issuance of paychecks are at a central location outside
New Mexico, the employer shall pay for services rendered from the first to the fifteenth days, inclusive, of any calendar month by the last of the month during which services
are rendered, and for all services rendered from the sixteenth to the last day of the month, inclusive, of any calendar month by the fifteenth day of the succeeding month.
B. Except as provided by rules of the department of finance and administration for payment of salaries and wages to state employees, other than employees of institutions of
higher education, promulgated pursuant to Section 10-7-2 NMSA 1978, an employer shall pay wages in full, less lawful deductions and less payroll deductions authorized by the
employer and employee. Wages shall be paid in lawful money of the United States or in checks, payroll vouchers or drafts on banks, convertible into cash on demand at full face
value or, with the voluntary authorization of the employer, employee and financial institution, by deposit to the account of the employee in any bank, savings and loan
association, credit union or other financial institution authorized by the United States or one of the several states to receive deposits in the United States, without any
reduction or deduction, except as may be specifically stated in a written contract of hiring entered into at the time of hiring. An employer shall provide an employee with a
written receipt that identifies the employer and sets forth the employee's gross pay, the number of hours worked by the employee, the total wages and benefits earned by the
employee and an itemized listing of all deductions withheld from the employee's gross pay. Nothing contained in Sections 50-4-1 through 50-4-12 NMSA 1978 shall in any way limit
or prohibit the payment of wages or compensation at more frequent intervals than those set forth in this section. Where the labor or service to be rendered to an employer is
recompensed on a task, piece or commission basis or other method of calculating the amount of wages to be paid, other than a definite and fixed amount in cash, the employer and
the employee may agree in writing at the time of hiring that the wages shall be paid on a monthly basis, on or before the tenth day of the succeeding calendar month.
C. Notwithstanding the provisions of Subsection A of this section, an employer may pay professional, administrative or executive employees or employees employed in the
capacity of outside salesman, as those terms are defined under the federal Fair Labor Standards Act, one time per month, excluding those employees whose wages are subject to
provisions of collective bargaining agreements.
50-4-3 Joint
adventurers.
None of the provisions of this act [50-4-1 to 50-4-12 NMSA 1978] shall apply to cases where an agreement is entered into between the employer and the employee at
the time of hiring, providing that the employee, as part of his wages or compensation, shall have an interest in the success of the particular work or enterprise in connection
with which the employee is hired. In all such cases the employer shall be subject to the provisions of this act only to the extent of that portion of the wages or compensation
to be paid in cash, and as to the balance the employer and employee shall stand as joint adventurers.
50-4-4
Discharges [Discharged] employees.
A. Whenever an employer discharges an employee, the unpaid wages or compensation of such
employee, if a fixed and definite amount, and not based on a task, piece, commission basis or other method of calculation, shall, upon demand become due immediately, and the
employer shall pay such wages to the employee within five days of such discharge.
B. In all other cases of discharged employees the settlement and payment of wages or compensation shall be made within ten days of such discharge.
C. In case of failure to pay wages or compensation due an employee within the time hereinbefore fixed, the wages and compensation of the employee shall continue from the
date of discharge until paid at the same rate the employee received at the time of discharge, and may be recovered in a civil action brought by the employee; provided that the
employee shall not be entitled to recover any wages or compensation for any period subsequent to the date of discharge unless he pleads in his complaint and establishes that he
made demand within a reasonable time upon his employer at the place designated for payment and payment was refused, provided further that the employee shall not be entitled to
recover any wages or compensation for any period subsequent to the sixtieth day after the date of discharge.
50-4-5 Employees
quitting employment.Whenever an employee (not having a written contract for a definite period) quits or resigns his employment, the wages or
compensation shall become due and be payable at the next succeeding payday. Nothing in this section shall prohibit or restrict the right of the employer to make immediate
payment at the time of quitting.
50-4-6
Industrial disputes.In the event of the suspension of work as the result of an industrial dispute, the wages and compensation earned
and unpaid at the time of such suspension shall become due and payable at the next payday as provided in Section 2 [50-4-2 NMSA 1978] of this act, including, without abatement
or reduction, other than such deductions as may be required by law, or as may be specified in the contract of hiring, all amounts due to all persons whose work has been
suspended as a result of such industrial dispute, together with any deposit or other guaranty held by the employer for the faithful performance of the duties of the employee.
50-4-7
Unconditional payment of wages conceded to be due.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.
50-4-8 Duties of
the labor commissioner [director]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.
50-4-9 Records,
subpoenas, etc.A. Every employer shall keep a true and accurate record of hours worked and wages paid to each employee. The employer
shall keep such records on file for at least one year after the entry of the record.
B. The labor commissioner [director of the labor and industrial division] and his authorized representatives shall have the right at all reasonable times to inspect such
records for the purpose of ascertaining whether the provisions of this act [50-4-1 to 50-4-12 NMSA 1978] are complied with.
C. Any interference with the labor commissioner [director] or his authorized representatives in the performance of their duties shall be deemed a violation of this act and
punished as such.
D. The labor commissioner [director] and his authorized representatives shall have the power to administer oaths and examine witnesses under oath, issue subpoenas, compel
the attendance of witnesses, and the production of payroll records and take depositions and affidavits in any proceedings before said labor commissioner [director].
E. In case of failure of any person to comply with any subpoena lawfully issued, or upon the refusal of any witness or witnesses to testify upon any matter which he or they
may be lawfully interrogated, the labor commissioner [director] may apply to the district court in the proper county, or to the judge thereof, for a writ of attachment to compel
said witness to respond to said subpoena or to testify as the case may be.
50-4-10
Forfeiture and penalties.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.
50-4-11 Wage
claims and liens to secure claims; assignment to director of the labor and industrial division for collection.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.
50-4-12 Wage
claim actions; costs; jurisdiction; representation by district attorney; appeals.A. In all actions brought by the director of the labor
and industrial division of the labor department as assignee under the provisions of Section 50-4-11 NMSA 1978, the director shall be entitled to free process and shall not be
obligated or required to give any bond or other security for costs.
B. Any sheriff, constable or other officer requested by the director to serve any summons, writ, complaint or order shall do so without requiring the director to pay any
fees or furnish any security or bond.
C. Where all claims joined together do not exceed in the aggregate the jurisdictional limit of the magistrate or metropolitan court, the director may institute an action
against the employer in any magistrate or metropolitan court having jurisdiction without referring the claim to the district attorney. In the event that during the course of the
proceedings representation by an attorney at law becomes necessary or, in the director's judgment, advisable, the director shall so notify the district attorney, and it shall
then be the duty of the district attorney or the district attorney's assistant to appear for the director in the cause.
D. In the event the cause is appealed by the director, no bond or other security shall be required or fees charged the director for court costs or sheriff's fees in serving
process.
50-4-13 Hours
of employment; eating establishments.
Any person or persons, firm, association or corporation, owning any hotel, restaurant, cafe or eating
house within this state, shall not be allowed to cause any male employee therein to labor more than ten hours in any twenty-four hours of any one day, nor more than seventy
hours in any one week of seven days.
The hours of labor may be so arraigned [arranged] so as to permit the employment of any male employee so engaged at any time so that they shall not work more than ten hours in
any twenty-four hours of any one day, nor more than seventy hours in any one week of seven days.
50-4-14
Emergency cases; hours permitted; rate for excessive hours.Nothing in Section 3 [50-4-13 NMSA 1978] of this act, shall be construed so
as to prevent work in excess of ten hours per day in emergency cases; provided that in no one week of seven days shall there be permitted more than seventy-four hours of labor,
and provided that work in excess of seventy hours of labor in any one week of seven days, shall be paid for on the basis of time and one-half for such excess.
50-4-15 Uniform
time for beginning work; notice of change.The beginning of the day of labor shall be uniform as provided for by the rules or regulations
governing to [the] place of employment; provided, however, that in case any change in the time of the beginning of the day of labor is desired, it shall be the duty of the
management of such an establishment, to notify such employee of such change, on the day prior to such change contemplated, said notice shall be served during the working day.
50-4-16 Time
records; inspection.Every employer to whom this act [50-4-13 to 50-4-18 NMSA 1978] applies shall be required to keep a time record showing
the number of hours each male employee worked each day.
Such record shall be open at all reasonable hours to the inspection of the state labor commissioner [director of the labor and industrial division], his agents or agent, record
of which is required to be kept as herein provided for.
50-4-17 Failure
to keep record or comply with act; penalty.The failure of any employer [any employer who fails] to keep such a record, or [makes] any false
entry therein, or the failure [fails] to comply with the provisions of this act [50-4-13 to 50-4-18 NMSA 1978], shall be guilty of a misdemeanor, and upon conviction thereof,
shall be fined not less than seventy-five dollars [($75.00)], or more than three hundred dollars [($300)] for each offense.
50-4-18
Disposition of fines.All fines collected for violation of this act [50-4-13 to 50-4-18 NMSA 1978] shall be deposited with the state
treasurer, and be covered in the free textbook fund.
50-4-19
Declaration of state public policy.It is declared to be the policy of this act (1) to establish minimum wage and overtime compensation
standards for all workers at levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage and overtime compensation
standards which are adequate to maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hours standards which do not provide
adequate standards of living.
50-4-20 Short
title.It is declared to be the policy of this act (1) to establish minimum wage and overtime compensation standards for all workers at
levels consistent with their health, efficiency and general well-being, and (2) to safeguard existing minimum wage and overtime compensation standards which are adequate to
maintain the health, efficiency and general well-being of workers against the unfair competition of wage and hours standards which do not provide adequate standards of living.
50-4-21
Definitions. [Compiled until January 1, 2008.]As used in the Minimum Wage Act [50-4-20 NMSA 1978]:
A. "employ" includes suffer or permit to work;
B. "employer" includes any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons employing one or more
employees at any one time, acting directly or indirectly in the interest of an employer in relation to any employee, but shall not include the United States, the state or any
political subdivision thereof; and
C. "employee" includes any individual employed by any employer, but shall not include:
(1) any individual employed in domestic service in or about a private home;
(2) any individual employed in a bona fide executive, administrative or professional capacity and forepersons, superintendents and supervisors;
(3) any individual employed by the United States or by the state or any political subdivision thereof;
(4) any individual engaged in the activities of an educational, charitable, religious or nonprofit organization where the employer-employee relationship does not, in fact,
exist or where the services rendered to such organizations are on a voluntary basis. The employer-employee relationship shall not be deemed to exist with respect to any
individual being served for purposes of rehabilitation by a charitable or nonprofit organization, notwithstanding the payment to the individual of a stipend based upon the value
of the work performed by the individual;
(5) salespersons or employees compensated upon piecework, flat rate schedules or commission basis;
(6) students regularly enrolled in primary or secondary schools working after school hours or on vacation;
(7) registered apprentices and learners otherwise provided by law;
(8) persons eighteen years of age or under who are not students in a primary, secondary, vocational or training school;
(9) persons eighteen years of age or under who are not graduates of a secondary school;
(10) persons employed by ambulance services;
(11) G.I. bill trainees while under training;
(12) seasonal employees of any employer obtaining and holding a valid certificate issued annually by the director of the labor and industrial division of the labor
department. The certificate shall state the job designations and total number of employees to be exempted. In approving or disapproving an application for a certificate of
exemption, the director shall consider the following:
(a) whether such employment shall be at an educational, charitable or religious youth camp or retreat;
(b) that such employment will be of a temporary nature;
(c) that the individual will be furnished room and board in connection with such employment, or if the camp or retreat is a day camp or retreat, the individual will be
furnished board in connection with such employment;
(d) the purposes for which the camp or retreat is operated;
(e) the job classifications for the positions to be exempted; and
(f) any other factors that the director deems necessary to consider;
(13) any employee employed in agriculture:
(a) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of
agricultural labor;
(b) if such employee is the parent, spouse, child or other member of the employer's immediate family; for the purpose of this subsection, employer shall include the
principal stockholder of a family corporation;
(c) if such employee: 1) is employed as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized
as having been, paid on a piece-rate basis in the region of employment; 2) commutes daily from the employee's permanent residence to the farm on which the employee is so
employed; and 3) has been employed in agriculture less than thirteen weeks during the preceding calendar year;
(d) if such employee, other than an employee described in Subparagraph (c) of this paragraph: 1) is sixteen years of age or under and is employed as a hand-harvest laborer,
is paid on a piece-rate basis in an operation that has been, and is generally recognized as having been, paid on a piece-rate basis in the region of employment; 2) is employed
on the same farm as the employee's parent or person standing in the place of the parent; and 3) is paid at the same piece-rate as employees over age sixteen are paid on the
same farm; or
(e) if such employee is principally engaged in the range production of livestock; or
(14) employees of charitable, religious or nonprofit organizations who reside on the premises of group homes operated by such charitable, religious or nonprofit
organizations for persons who have a mental, emotional or developmental disability.
50-4-22
Minimum wages. (Effective January 1, 2008.)A. An employer shall pay an employee the minimum wage rate of six dollars
fifty cents ($6.50) an hour. As of January 1, 2009, an employer shall pay the minimum wage rate of seven dollars fifty cents ($7.50) 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 of two dollars thirteen cents
($2.13). The 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 employees.
D. 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.
50-4-22.1
Temporary state preemption; saving clause. (Effective January 1, 2008.)A. Except as provided in Subsection B of this
section, cities, counties, home rule municipalities and other political subdivisions of the state shall not adopt or continue in effect any law or ordinance that would mandate a
minimum wage rate higher than that set forth in the Minimum Wage Act [50-4-20 NMSA 1978]. The provisions of this subsection expire on January 1, 2010.
B. A local law or ordinance, whether advisory or self-executing, in effect on January 1, 2007 that provides for a higher minimum wage rate than that set forth in the
Minimum Wage Act shall continue in full force and effect until repealed.
50-4-23 Persons
with a disability; minimum wage; director powers and duties.A. The director of the labor and industrial division of the labor
department, to the extent necessary in order to prevent curtailment of opportunities for employment, shall, by regulation, provide for the employment under special certificates
of individuals, including individuals employed in agriculture, whose earning or productive capacity is impaired by physical or mental disability or injury or any other
disability, at wages that are lower than the minimum wage applicable under Section 50-4-22 NMSA 1978, but not less than fifty percent of such wage.
B. The director, pursuant to regulations and upon certification of any state agency administering or supervising the administration of vocational rehabilitation services,
may issue special certificates that allow the holder thereof to work at wages that are less than those required by Subsection A of this section and that are related to the
workers' productivity, for the employment of:
(1) workers with a disability who are engaged in work that is incidental to training or evaluation programs; and
(2) persons with multiple disabilities and other persons whose earning capacity is so severely impaired that they are unable to engage in competitive employment.
C. The director may, by regulation or order, provide for the employment of persons with a disability in work activities centers under special certificates at wages that are
less than the minimums applicable under Section 50-4-22 NMSA 1978, or less than that prescribed in Subsection A of this section, and that constitute equitable compensation for
such persons. As used in this subsection, "work activities centers" means centers planned and designed exclusively to provide therapeutic activities for persons with a
disability whose physical or mental disability is so severe as to make their productive capacity inconsequential.
D. The state agency administering or supervising the administration of vocational rehabilitation may issue a temporary certificate for a period not to exceed ninety days
pursuant to Subsections A, B and C of this section and may request an extension of the certification by the director when it is determined that the severity of disability of an
individual or circumstances warrants an extension of the certification.
50-4-24
Employers exempt from overtime provisions for certain employees.
A. Any employer of workers engaged in the ginning of cotton for
market, in any place of employment located within a county where cotton is grown in commercial quantities, and each employee is employed for a period of not more than fourteen
weeks in the aggregate in any calendar year, is exempt from the overtime provisions of Subsection C of Section 50-4-22 NMSA 1978.
B. An employer of workers engaged in agriculture is exempt from the overtime provisions set forth in Subsection C of Section 50-4-22 NMSA 1978. As used in this subsection,
"agriculture" has the meaning used in Section 203 of the federal Fair Labor Standards Act.
50-4-25 Posting
of summary of the act.Every employer subject to the Minimum Wage Act [50-4-19 NMSA 1978] shall keep a summary of it, furnished by the labor
commissioner [director of the labor and industrial division] without charge, posted in a conspicuous place on or about the premises wherein any person subject to the Minimum
Wage Act is employed, and the summary shall clearly and conspicuously set forth the current minimum wage.
50-4-26
Enforcement.A. Penalties:
(1) any employer who violates any of the foregoing provisions shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than twenty-five dollars
($25) or more than three hundred dollars ($300) or by imprisonment for not less than ten nor more than ninety days or by both such fine and imprisonment;
(2) it shall be the duty of the state labor commissioner [director of the labor and industrial division] to enforce and prosecute violations of the Minimum Wage Act
[50-4-19 NMSA 1978]. The labor commissioner [director] is hereby empowered to institute in the name of the state of New Mexico an action in the district court of the county
wherein the employer who has failed to comply with the Minimum Wage Act resides, or has his principal office or place of business, for the purpose of prosecuting violations. It
shall be the duty of the district attorney for the district wherein any violation hereof occurs to aid and assist the labor commissioner [director] in the prosecution thereof.
B. Employees' remedies:
(1) any employer who violates any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid minimum wages, as the case
may be, and in an additional equal amount as liquidated damages;
(2) action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in bahalf [behalf] of himself or
themselves and other employees similarly situated, or such employee or employees may designate an agent or representative to maintain such action before and in behalf of all
employees similarly situated.
The court in any action brought under Paragraph (2) shall, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action and reasonable
attorneys' fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee shall not be required to pay any filing fee or
other court costs necessarily incurred in such proceedings.
50-4-27
Authority of labor commissioner [director of the labor and industrial division] to promulgate rules; hearing on rules; notice; publication.The state labor commissioner [director of the labor and industrial division] shall have the authority to promulgate and issue rules and regulations necessary to
administer and accomplish the purposes of the Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978]. Such rules and regulations shall be adopted after notice and public hearing. A
copy of the notice of hearing together with a copy of the proposed regulations shall be filed with the librarian of the supreme court library at least twenty days prior to the
hearing. In addition, a copy of the notice of hearing shall be sent to all known interested persons. Any interested person shall have the right to appear and present evidence.
50-4-28 Right
of collective bargaining.Nothing in this act shall be deemed to interfere with, impede or in any way diminish the right of employees to
bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable
minimum under the provisions of this act.
50-4-29
Relation to other laws.Any standards relating to minimum wage, maximum hour or other working conditions in effect at the date of the
passage of this act by or under any other law of this state, which are more favorable to employees than those applicable to such employees under this act, shall not be deemed to
be amended, rescinded or otherwise affected by this act but shall continue in full force and effect.
50-4-30 Daily
maximum hours of employment; exceptions.A. No employee other than a fireman, law enforcement officer or farm or ranch hand whose duties
require them to work longer hours, or employees primarily in a stand-by position, shall be required to work for any employer within the state more than sixteen hours in any one
day of twenty-four hours except in emergency situations.
B. Any person violating any of the provisions of this act [section] shall be guilty of a misdemeanor.
50-4-31 Minimum
length of hoe handles.A. An employer of agricultural laborers shall not require an employee to use a hoe that has a handle shorter than
four feet while performing agricultural labor that includes weeding, thinning or hot-capping in a stooped, kneeling or squatting position for a commercial farming operation.
B. An employer who violates Subsection A of this section is guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.
C. This section does not apply to an employer engaged in the operation of a greenhouse or nursery.
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