Bill > HB115

This bill, titled "Wage fraud investigations & procedures," aims to strengthen the state's ability to investigate and prosecute wage theft. It expands the definition of "employer" to ensure all relevant evidence is considered when determining employer status, and clarifies that "wages" include all forms of compensation for labor or services. The bill transfers primary responsibility for investigating wage violations from the Labor Commissioner to the Workforce Solutions Department, which will also be required to provide communications in both English and Spanish. District attorneys will continue to prosecute these cases. Employers will be required to keep records of hours worked and wages paid for four years, and the Workforce Solutions Department's representatives will have expanded rights to inspect these records and issue subpoenas, with penalties for non-compliance. The bill introduces new penalties for employers who fail to respond to or cooperate with investigations, including daily fines per affected employee, and clarifies that undocumented workers are not barred from pursuing wage claims. It also amends the Minimum Wage Act to include similar provisions for determining employer status and adds a new "wage and hour enforcement fund" to support enforcement activities, funded by unclaimed wages from class action lawsuits and other sources. Finally, the bill appropriates $65,000 for a study on wage theft in New Mexico.