New Mexico Wage and Hour Investigations: What you need to know

The labor commissioner (or his or her agent) has the authority to enter a place of employment during working hours and stay as long as necessary to gather information regarding wage and hour issues. When entering a place of employment for an inspection, however, the commissioner must notify a person in charge and allow that person (or other representative) to accompany the commissioner during the entire investigation on the premises. An employer that refuses entry to the commissioner is guilty of a misdemeanor, which is punishable by a fine, imprisonment, or both (NM Stat. Sec. 50-1-5).
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Employers in violation of New Mexico's wage payment and recordkeeping provisions are guilty of a misdemeanor. An employer may be imprisoned, fined, or both. An employer convicted of a second or subsequent offense may be imprisoned, fined, or both to a greater degree(NM Stat. Sec. 50-4-10).
Paying wages due to a discharged employee. When an employer discharges an employee, the unpaid wages are due immediately and the employer must pay the wages to the employee within 5 days of termination. The employee's wages will continue to accrue until paid, and the employee may recover the wages in a civil suit (NM Stat. Sec. 50-4-4).
Keeping records. Employers are required to keep an accurate record of each employee's hours worked and wages paid for at least 1 year and to make those records available to the commissioner at reasonable times. The commissioner may administer oaths, issue subpoenas, and compel the attendance of witnesses and the production of payroll records (NM Stat. Sec. 50-4-9). Violation of time record requirements can result in a fine (NM Stat. Sec. 50-4-17 ).
Minimum wage. A violation of New Mexico's ...

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