Any out-of-state employer with employees performing work within the geographical boundaries of New Mexico, other than tribal land, will be evaluated on a case-by-case basis as to whether they have sufficient “minimum contacts” with our state to subject them to the requirements of the HWA. This will be determined once a PSL complaint is filed. The more business activity an out-of-state employer has going on in New Mexico, the more likely it is that it will be subject to the Act. For this reason, employers near the border or with frequent business dealings in our state may want to ensure they are compliant with the HWA.