New Mexico § 50-4-26 - Enforcement; penalties; employees' remedies

§ 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.