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New Mexico Adopts Ban-the-Box, Expungement Laws

New Mexico is the latest state to adopt statewide legislation prohibiting private employers from making inquiries into an applicant’s criminal history on the initial employment application. The state also enacted legislation prohibiting employers from asking applicants for information about a criminal record that has been sealed or expunged.

New Mexico, New Laws: “Right-to-Work” Preemption, Gender-Neutral Restrooms, Criminal History Checks — and More

New Mexico’s state legislature has been busy over the past few weeks acting on bills introduced earlier this year. The state has enacted at least nine new laws affecting employers, covering many topics from health care access and medical marijuana, to criminal background checks. Unless otherwise noted, these new provisions take effect on June 14, 2019, leaving New Mexico employers just a few months to prepare for compliance.

New Mexico Amends Medical Marijuana Law To Provide Employment Protections

The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. The amendments were signed into law by the governor on April 4, 2019.

New Mexico’s Expanded Employment Protections for Medical Marijuana Users

In recent months, the New Mexico Legislature enacted legislation expanding employment protections for medical marijuana users. Recent changes to the Lynn and Erin Compassionate Use Act, New Mexico’s medical marijuana law, expand the range of medical conditions for which medical marijuana may be prescribed and create new employment protections for employees who legally use medical marijuana.

New Mexico’s Expanded Employment Protections: The Safe Harbor for Nurses Act

In recent months, the New Mexico legislature enacted legislation expanding employment protections for nurses. The Safe Harbor for Nurses Act allows registered and licensed practical nurses to refuse assignments under certain conditions without fear of retaliation or other adverse action by their employers.

New Mexico Approves Union Shop Law, Voids Local Right-to-Work Laws

New Mexico Gov. Michelle Lujan Grisham has signed a new law expressly allowing employers and labor organizations to enter into union security agreements. This union security agreement law is effective June 14, 2019.

New Mexico Increases Minimum Wage and Creates Uncertainty in Tip Pooling

On April 1, 2019, New Mexico Governor Lujan Grisham (D) signed Senate Bill (SB) 437, which amends the New Mexico Minimum Wage Act (MWA) by increasing the state minimum wage, increasing the minimum cash wage for tipped employees, and revising tip pool standards.

New Mexico to Raise Minimum Wage to $12 by 2023

New Mexico is the latest state to enact a law to increase its minimum wage.

New Times and New Regulations: An Update on Labor Law in Mexico

Mexico is in a new era when it comes to labor law, with several significant developments affecting the country’s labor landscape.

New Mexico’s Fair Pay for Women Act Not Limited to Private Employers

By Shawn Oller and Chris Suffecool on January 3, 2019 The New Mexico Court of Appeals held in Wolinsky v. New Mexico Corrections Department1 that the state Fair Pay for Women Act’s definition of “employer” extends to the State of New Mexico and its agencies. In doing so, the Court of Appeals rejected defendant’s arguments that (1) the Legislature did not intend to subject the state to the statute’s requirements; and (2) that the “general grant of immunity” in the New Mexico Tort Claims Act applies, granting sovereign immunity to the state for any Fair Pay for Women Act (FPWA) claims. The New Mexico Supreme Court denied certiorari. This denial leaves the court of appeals decision as the controlling precedent unless the Supreme Court reconsiders the issue in a future case.