Bill > HB22

This bill amends New Mexico's Minimum Wage Act to prohibit employers from deducting credit card processing fees from employee tips. Specifically, the bill adds a new provision requiring employers who accept credit card tips to pay employees the full amount of the gratuity indicated on the credit card slip, without subtracting any processing fees or other costs charged by credit card companies. This means that if a customer leaves a $10 tip on a credit card, the employee must receive the entire $10, even if the employer incurs fees for processing the transaction. The bill includes an emergency clause, which means it would take effect immediately upon being signed into law, providing immediate protection for tipped workers in the state. The legislation builds upon existing state minimum wage laws that already protect workers' tip earnings, such as requiring that tips be retained by employees and allowing tip pooling among wait staff, while adding a new layer of financial protection by preventing employers from reducing tip income through credit card processing fee deductions.

Health and Social Services, Military Affairs and Security

https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legtype=B&legno=22&year=25