New Mexico § 50-4-26 - Enforcement; penalties; employees' remedies
Full text of New Mexico New Mexico Statutes Annotated § 50-4-26 — Enforcement; penalties; employees' remedies, with citation guidance and answers to common questions.
§ 50-4-26. Enforcement; penalties; employees' remedies
A. An employer who violates any of the provisions of the Minimum Wage Act is guilty
of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions
of Section 31-19-1 NMSA 1978 . B. The director of the labor relations division of the workforce solutions department
shall enforce and prosecute violations of the Minimum Wage Act. The director may institute in the name of the state an action in the district court
of the county wherein the employer who has failed to comply with the Minimum Wage
Act resides or has a principal office or place of business, for the purpose of prosecuting
violations. The district attorney for the district wherein any violation hereof occurs shall
aid and assist the director in the prosecution. C. In addition to penalties provided pursuant to this section, an employer who violates
any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid or underpaid
minimum wages plus interest, and in an additional amount equal to twice the unpaid
or underpaid wages. D. An action to recover such liability may be maintained in any court of competent
jurisdiction by any one or more employees for and on behalf of the employee or employees
and for other employees similarly situated, or such employee or employees may designate
an agent or representative to maintain such action on behalf of all employees similarly
situated. E. The court in any action brought under Subsection D of this section shall, in addition
to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action
and reasonable attorney fees to be paid by the defendant. In any proceedings brought pursuant to the provisions of this section, the employee
shall not be required to pay any filing fee or other court costs necessarily incurred
in such proceedings. F. In addition to any remedy or punishment provided pursuant to the Minimum Wage Act,
a court may order appropriate injunctive relief, including requiring an employer to
post in the place of business a notice describing violations by the employer as found
by the court or a copy of a cease and desist order applicable to the employer. G. Civil actions and appeals of civil actions brought to collect unpaid or underpaid
wages, interest and any other amounts due under this section shall be heard by the
court at the earliest possible date and shall be entitled to a preference over all
other civil actions, to the same extent as civil actions to collect contributions
pursuant to Section 51-1-36 NMSA 1978 , on the calendar of the court.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 50-4-26
What does New Mexico Statutes Annotated § 50-4-26 cover?
Section 50-4-26 ("Enforcement; penalties; employees' remedies") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 50-4-26?
A common citation format is "New Mexico Statutes Annotated § 50-4-26" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 50-4-26 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.