The ex-owners of an Albuquerque restaurant and bar want a state district court judge to throw out a wage theft lawsuit against them and argue the ordinance that raised the city’s minimum wage is invalid. If a judge were to rule the ordinance was not validly enacted, it would lower the minimum wage to the state’s rate of $7.50 per hour. Currently, the Albuquerque minimum wage is $8.80 per hour. The current owners are not part of the lawsuit. “Santa Fe Dining purchased Kelly’s in August of 2016 and since that time all Kelly employees are paid by the rate required by law, including the Albuquerque ordinance at issue in the lawsuit between the former owner of Kelly’s and some of its employees,” Jim Hargrove, president of Santa Fe Dining, wrote in an email to NM Political Report Tuesday.
Gov. Susana Martinez officially kept her promise that she would veto minimum wage increases. In her Thursday veto message of one of the bills, HB 442, Martinez said increasing the minimum wage would hurt small businesses throughout the state. The bill would have increased the state’s minimum wage from $7.50 per hour to $9.25 per hour. It also would have barred local governments from passing or keeping current laws that require employers to give advance notice of work schedules to employees. Related: Martinez signs, vetoes dozens of bills; the highlights
“This bill was part of a wider effort in both chambers to provide increased opportunity to hardworking New Mexicans,” House Speaker Brian Egolf, D-Santa Fe, said in a statement Thursday night.
Gov. Susana Martinez said Saturday she will veto legislation to increase the state’s minimum wage. Lawmakers approved two bills during the 60-day legislative session to raise the wage of New Mexico’s lowest-paid workers, who make $7.50 an hour. One bill would have raised the minimum wage to $9 an hour, and the other called for an increase to $9.25. But soon after legislators adjourned Saturday, the Republican governor told reporters both increases are too high for small businesses to afford. “I was willing to compromise,” Martinez said, adding that an increase to between $8 and $9 an hour would have been acceptable.
The state minimum wage will increase to $9 an hour from $7.50 by April 2018 if Gov. Susana Martinez signs a bill that has been passed by both houses of the Legislature. The House of Representatives on Thursday night voted 41-27 to pass Senate Bill 386, sponsored by Sen. Clemente Sanchez, D-Grants. The bill would increase New Mexico’s hourly minimum wage to $8.25 in October, then to $9 in April 2018. It also would allow employers to have an $8 training wage for employees for 60 days, which would go into effect in October. The minimum wage for tipped employees, currently $2.13 an hour, would rise to $2.38 in October, then to $2.63 in April 2018.
The state House of Representatives voted Friday night to raise the hourly minimum wage to $9.25 from $7.50 in 2018. The 37-30 vote, just days after the state Senate overwhelmingly passed a slightly smaller increase to $9, signals that a raise in the statewide minimum wage is increasingly likely as the legislative session enters its final weeks. The issue has been a priority for Democrats, who promised a raise during last year’s election, but it also has won some support from Republicans. The House vote on HB 442 was not strictly along party lines. Rep. Sarah Maestas Barnes, R-Albuquerque, broke with her party to vote in favor of the bill, while Rep. Candy Sweetser, D-Deming, voted against it.
The state Senate voted Wednesday to raise the statewide minimum wage from $7.50 an hour to $9 an hour over the next 13 months. The legislation may represent the best chance in several years to raise the minimum wage. The Senate approved the bill in a 24-6 bipartisan vote. The measure also has the support of the Greater Albuquerque Chamber of Commerce, which in the past has fought minimum wage hikes, and the American Federation of State, County and Municipal Employees. Senate Bill 386, sponsored by Sen. Clemente Sanchez, D-Grants, would increase the hourly minimum wage to $8.25 in October, then to $9 in April 2018.
A proposal to raise the hourly minimum wage in New Mexico to $9 won the backing Monday of a Senate committee as well as business and labor groups. But with several bills floating around the Capitol this year to give at least a slight boost to the earnings of New Mexico’s lowest-paid workers, agreement still seems elusive on how high the state’s minimum wage should go and what strings should be attached. In a 5-3 vote, the Senate Corporations and Transportation Committee approved Senate Bill 386, which would raise the hourly minimum wage from $7.50 to $9 but allow employers to pay new hires a training wage of $8 per hour for up to two months. The bill would also raise the minimum wage for tipped employees, such as waitresses and baristas, from $2.13 to $2.63. A major public employees union, New Mexico Voices for Children and the Greater Albuquerque Chamber of Commerce have backed the proposal, seeing it as a compromise that would ensure at least some increase in pay for low-wage workers while also proving palatable to some in the business community.
A proposal to raise New Mexico’s minimum wage drew opposition from business organizations and workers rights groups alike on Monday. Co-sponsored by House Speaker Brian Egolf, D-Santa Fe, House Bill 442 would appear to be a compromise that boosts the statewide minimum hourly wage to $9.25 from $7.50, less of an increase than some Democrats have proposed. But a section of the bill that would strip local governments of the power to adopt certain labor regulations, such as the Work Week Act previously proposed in Albuquerque, drew sharp criticism from workers rights advocates. And business groups as well as some Republicans argued that $9.25-an-hour would still be too high. The bill would also raise the hourly minimum wage for tipped employees such as waitresses to $3.70 from $2.13.
A judge temporarily halted a New Mexico state agency’s self-imposed limitations on wage theft claims.
In a ruling Tuesday afternoon, Santa Fe District Judge David Thomson ordered that, for now, the state Department of Workforce Solutions (DWS) cannot automatically deny complaints of wage theft that total more than $10,000. The state department is also not allowed to automatically turn down claims that happened more than a year before they’re made. “Wage theft” refers to an employer denying payments owed to an employee in any way, which can include paying below minimum wage and refusing to pay overtime, for example. Thomson’s temporary restraining order against the state comes because of a class-action lawsuit filed just two weeks ago by “low income workers” who made wage theft claims against their employers to DWS. Ten individuals named in the lawsuit allege that DWS’ handling of their wage theft claims violate multiple state laws.
Democrats in the state Legislature on Thursday outlined a six-point jobs plan, including a raise in the minimum wage and spending on public works projects, that they said would be their focus for the remaining 50 days of the legislative session. But Democrats were unable to project how many jobs would be created by the plan or provide details on how some parts of the plan would work. Still, they promised to deliver for a state still trying to find its economic footing more than seven years after the end of the Great Recession. “Today, families and young people in our state are confronted with poor prospects for getting a job,” Sen. Clemente Sanchez, D-Grants, said at a news conference on the Senate floor. “Far too many residents are living in real economic distress, and anxious about the future for themselves and their children.