New Mexico § 50-4-21 - Definitions

§ 50-4-21. Definitions

As used in the Minimum Wage Act: A. “ employ ” includes suffer or permit to work; B. “ employer ” includes any individual, partnership, association, corporation, business trust,

legal representative or 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 an employee, but shall not include the United States, the state or any political

subdivision of the state; provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978 , “ employer ” includes the state or any political subdivision of the state; and C. “ employee ” includes an individual employed by an employer, but shall not include: (1) an individual employed in a bona fide executive, administrative or professional

capacity and forepersons, superintendents and supervisors; (2) an individual employed by the United States, the state or any political subdivision

of the state; provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978 , “ employee ” includes an individual employed by the state or any political subdivision of the

state; (3) an 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

an 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; (4) salespersons or employees compensated upon piecework, flat rate schedules or commission

basis; (5) registered apprentices and learners otherwise provided by law; (6) G.I. bill trainees while under training; (7) seasonal employees of an employer obtaining and holding a valid certificate issued

annually by the director of the labor relations division of the workforce solutions

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; (8) any employee employed in agriculture: (a) if the employee is employed by an employer who did not, during any calendar quarter

during the preceding calendar year, use more than five hundred person-days of agricultural

labor; (b) if the employee is the parent, spouse, child or other member of the employer's

immediate family; for the purpose of this subsection, the employer shall include

the principal stockholder of a family corporation; (c) if the 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 the 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 the employee is principally engaged in the range production of livestock or

in milk production; (9) an employee engaged in the handling, drying, packing, packaging, processing, freezing

or canning of any agricultural or horticultural commodity in its unmanufactured state;

or (10) 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.