New Mexico § 52-3-2 - Employers who come within the New Mexico Occupational Disease Disablement Law

§ 52-3-2. Employers who come within the New Mexico Occupational Disease Disablement Law

A. The following employers, when the conditions and hazards inherent in the occupation

involved are such as to expose the employees to any of the hazards of occupational

disease, shall be subject to the provisions of the New Mexico Occupational Disease

Disablement Law: the state and each county, municipality, school district, drainage,

irrigation or conservancy district and public institution and administrative board

thereof, every charitable organization and every private person, firm or corporation

engaged in carrying on business or trade within the state having in service four or

more employees regularly employed in the same business or in or about the same establishment

under any contract of hire, express or implied, oral or written, except employers

of ranching or agricultural laborers and employers of private domestic servants;

provided, however, effective January 1, 1978, the provisions of the New Mexico Occupational

Disease Disablement Law shall apply to employers of three or more employees, except

employers of ranching or agricultural laborers and employers of private domestic servants

and, effective January 1, 1990, the provisions of the New Mexico Occupational Disease

Disablement Law shall apply to all employers of employees, except employers of ranching

or agricultural laborers and employers of private domestic servants. Employers who have in service less than four employees and after January 1, 1978

less than three employees, employers of ranching or agricultural laborers, employers

of private domestic servants and partners and self-employed persons and, effective

January 1, 1990, employers of ranching or agricultural laborers, employers of private

domestic servants and partners and self-employed persons shall have the right to come

under the terms of the New Mexico Occupational Disease Disablement Law by complying

with the provisions hereof. B. The term “regularly employed”, as herein used, unless the context otherwise requires,

shall include all employments in the usual course of the trade, business, profession

or occupation of the employer, whether continuous throughout the year or for only

a portion of the year. C. Any person, firm or corporation engaged in the performance of work as an independent

contractor shall be deemed an employer within the meaning of this section. The term “independent contractor”, as herein used, is defined to be any person,

association or corporation engaged in the performance of any work for another, who,

while so engaged, is independent of the employer in all that pertains to the execution

of the work, is not subject to the rule or control of the employer, is engaged only

in the performance of a definite job or piece of work and is subordinate to the employer

only in effecting a result in accordance with the employer's design. D. For the purposes of the New Mexico Occupational Disease Disablement Law, an individual

who performs services as a qualified real estate salesperson shall not be treated

as an employee and the person for whom the services are performed shall not be treated

as an employer. E. For the purpose of Subsection D of this section, a “qualified real estate salesperson”

means an individual who: (1) is a licensed real estate salesperson, associate broker or broker under contract

with a real estate firm; (2) receives substantially all of his remuneration, whether or not paid in cash, for

the services performed as a real estate salesperson, associate broker or broker under

contract with a real estate firm in direct relation to sales or other output, including

the performance of services, rather than to the number of hours worked; and (3) performs services pursuant to written contract between himself and the person

for whom the services are performed, and the contract provides that the individual

will not be treated as an employee with respect to such services.