Legislative Wrap Up 2019

Dear friends,

This legislative session was a turning point for New Mexico. The efforts of the Center on Law and Poverty and our partners paved the way for historic changes for our state and started long overdue dialogue about the bold changes that must be made for children and families. This could not have happened without you! THANK YOU for the countless phone calls, emails to your legislators, testimony in committee hearings, and sharing of information with your networks and through social media.

We have much to celebrate together and are especially proud to share several major victories.

Our advocacy efforts and expert testimony were instrumental in achieving:

Historic wins for workers in New Mexico
Domestic and home care workers are now protected by basic labor laws. Along with our partners, we successfully eliminated outdated, discriminatory practices in our state so people doing some of the toughest jobs, like caring for others’ loved ones and cleaning houses, are protected by New Mexico’s minimum wage standards and other wage protections.

After a decade of stagnant wages, hard working New Mexicans will finally get a raise. Hundreds of workers from across New Mexico mobilized in support of a wage increase this session. It was a long and challenging fight, but starting in January 2020, the state minimum wage will be raised to $9 an hour and increase annually until reaching $12 an hour in 2023. This will directly impact 150,901 workers in our state—nearly 20 percent of the workforce.

Loopholes closed in small loans laws
Everyone should be able to understand the terms of their loans, especially when these loans are taken out from storefront lenders. Our advocacy with our partners led to significantly more accountability and transparency by mandating that lenders report relevant data to the state and by aligning our small loan laws so all New Mexico families receive fairer loans.

Public education a top priority
After winning the Yazzie/Martinez court ruling on behalf of families and school districts, we joined with education, tribal and community leaders, and students to form the Transform Education NM coalition and used this historic opportunity to bring education to the forefront this legislative session. New Mexico’s education system must be rooted in a multicultural framework for our diverse student body, and our coalition won much needed funding for culturally and linguistically responsive instruction in rural areas. Overall, New Mexico saw an increase in education funding, and teachers got long overdue raises. However, we still have a long way to go, and we will not stop until every child has the education they need to succeed and are entitled to by the New Mexico Constitution. 

Progress toward innovative and affordable health coverage
Dozens of families, healthcare professionals, and advocates joined the NM Together for Healthcare campaign to work tirelessly for a Medicaid Buy-in option for New Mexicans who struggle to afford the outrageous costs of private insurance but don’t qualify for Medicaid. The Human Services Department will now receive funding to further study and begin the administrative development of a public option plan, including pursuing federal funding to help pay for it.

The path ahead
We’re focused on New Mexico’s future, and together with you, we will continue to push for complete transformation of our education system, expansion of early childhood education—including pre-K, childcare assistance and home visiting services—better pay and working conditions for workers, financial and food security, and access to healthcare for all of our families.

Sincerely,

Sireesha Manne                                                  
Executive Director

Bill guaranteeing basic wage protections for home care and domestic workers signed into law

SANTA FE—Governor Michelle Lujan Grisham signed a bill into law that ensures home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections. Senate Bill 85, Domestic Service in Minimum Wage Act, is sponsored by Sen. Liz Stefanics and Rep. Christine Trujillo.

“This is a historic win for domestic and home care workers,” said Carlota Muñoz, a member of El CENTRO de Igualdad y Derechos. “During my employment at a cleaning service company, I stopped receiving payments for the hours I was working. I felt helpless and felt my work was not being given any respect. I am proud of the services I provide for my community, and I am glad to see this law go into effect that will provide workers like me more protections and assurance that their work will be valued like any other.”

Domestic workers have been left out of many labor protections throughout history, and typically have very few options when they’re not paid. SB 85 ends the exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

“We are proud of the work that domestic workers provide,” said Alicia Saenz, also a member of El CENTRO de Igualdad y Derechos. “There is nothing more important than taking care of New Mexico’s children, elderly, and family members with disabilities. It is invisible work, fraught with exploitation such as wage theft, and historically, our work has not been given the value it deserves. SB 85 is a step in the right direction to remedy that and to extend protections to enable us to assert our rights. We will continue to organize domestic workers and low-wage workers until all workers are treated with the dignity and respect that we deserve.”

New Mexico law generally requires employers to pay employees minimum wage and overtime, keep records, and pay employees in full and on time. However, like other wage laws enacted in the 1930s, it excluded large categories of work typically performed by women and people of color from the minimum wage and other protections.

“Domestic workers and home care workers have difficult and important jobs that we depend on,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “This legislation eliminates outdated, discriminatory practices in New Mexico so people doing some of the toughest jobs, like caring for others’ loved ones and cleaning houses, are treated fairly and can seek recourse when they are not.”

Federal law eliminated its exclusion of domestic workers years ago, but lacking state protections, New Mexicans who work in people’s homes were not protected and subject to low or no pay and exploitative situations.

With the passage of SB 85 into law, domestic and home care workers will now be covered by New Mexico’s wage laws, and the New Mexico Department of Workforce Solutions can investigate their complaints, enforce their rights, and recover their wages and damages.

“The New Mexico Legislature recognized that it’s high time to ensure all workers, including people who work hard in other people’s homes, are guaranteed fundamental labor protections just like everyone else,” said Adrienne R. Smith of New Mexico Caregivers Coalition. “Domestic workers’ historical exclusion from the federal labor laws is an ugly vestige of slavery. The federal government righted that wrong years ago. We are overjoyed that today New Mexico has finally done so as well.”

The New Mexico Senate passed SB 85 on February 18. The House of Representatives passed it on March 12.

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The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.

The New Mexico Caregivers Coalition advocates for direct care workers’ education, training, benefits, wages and professional development so they may better serve people who are elderly and those with disabilities.

El CENTRO de Igualdad y Derechos is a grassroots, Latino immigrant-led organization based in Central New Mexico that works with Latino immigrant communities and allies to defend, strengthen, and advance the rights of our community.

Action Alert – Ask governor to sign bill ensuring domestic workers are protected by New Mexico’s wage protections!

Governor Michelle Lujan Grisham has until noon Friday to sign a bill into law that ensures home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections.

Please call her TODAY and ask her to sign Senate Bill 85, Domestic Service in Minimum Wage Act

There is nothing more important than taking care of New Mexico’s children, elderly, and family members with disabilities. SB 85 eliminates outdated, discriminatory practices in New Mexico so people doing some of the toughest jobs, like caring for others’ loved ones and working in our homes, are treated fairly and can seek recourse when they are not.

SB 85 ends the exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

Domestic workers have been left out of many labor protections throughout history, and typically have very few options when they’re not paid. If SB 85 is signed into law, domestic and home care workers will be covered by New Mexico’s wage laws, and the New Mexico Department of Workforce Solutions can investigate their complaints, enforce their rights, and recover their wages and damages.

Call the governor now at (505) 476-2200 and tell her that ALL workers deserve to be treated fairly and to please sign SB 85.

Sincerely,

Stephanie Welch

New Mexico Center on Law and Poverty Workers’ Rights Supervising Attorney

New Mexico workers celebrate statewide minimum wage increase

SANTA FE–On Monday, dozens of New Mexico workers and their families gathered to celebrate as Governor Michelle Lujan Grisham signed into law a proposal that would increase the state minimum wage for the first time in over ten years.

Senate Bill 437, approved by the House of Representatives and the Senate, progressively increases the minimum wage from $7.50 to $12 per hour by 2023. Starting January 2020, the state minimum wage would be raised to $9, $10.50 in 2021, $11.50 in 2022 before settling at $12 per hour in 2023.

The newly signed law also contains the following provisions:

  • Gradually increases the “tipped credit” for tipped employees from the current $2.13 per hour to $3 per hour by 2023
  • Allows for a new sub-minimum wage for students at $8.50 per hour
  • Does not include an annual cost of living adjustment

Raising the minimum wage to $12.00/hr by 2023 would directly affect 150,901 workers or nearly 20 percent of the total workforce in the state. Directly affected workers would receive an annual increase of approximately $1,114.

A statewide minimum wage coalition mobilized hundreds of workers from across New Mexico during the session in support of a wage increase.

Below are reactions from low-wage workers and community organizations across New Mexico in celebration of the statewide minimum wage increase:

“Last month the legislature did it’s part to increase family economic security in New Mexico and today the governor fulfilled her gubernatorial campaign promise to raise the state’s minimum wage to get workers–who are the backbone of our state– one step closer to a livable wage,” said Margarita Castruita Flores a member of El CENTRO de Igualdad y Derechos. “With a salary of $12 an hour I could earn approximately $112 more per week, something that could help me pay for one of my utility bills, which I have trouble paying with my current wage. We are proud of the contributions low-wage workers like me provide to our state and we will continue our fight to ensure ALL workers in New Mexico have the opportunity to thrive.”

“Today is a victory for hard working New Mexicans who deserve a raise. We thank the Governor for signing this bill into law,” said J.D. Mathews, Political Director for New Mexico Working Families. “This is an important step towards economic security and ending poverty in our state. Our commitment to all workers receiving a living wage continues”.

“After ten years of wage stagnation, I am so happy to see our state finally moving in the right direction. This raise will give twelve thousand dollars to workers who seriously need and deserve it,” said Lauren Shimamoto, Albuquerque service worker and member of OLÉ. “Thank you Governor Lujan-Grisham for signing this bill, it’s a great first step towards a living wage and a thriving New Mexico.”

“When workers are compensated fairy, everyone wins,” said Marcela Diaz, Executive Director for Somos Un Pueblo Unido. “$12 per hour will go along way to helping working families, rural communities and local economies prosper. By signing this bill, Governor Lujan Grisham recognizes just how essential workers are to our state’s future.”

“Today New Mexican workers achieved a great victory. For a decade, they’ve seen their spending power decrease, as the minimum wage stayed the same and the cost of living went up,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “They deserve wages that allow them to provide for themselves and their families. They won this raise by coming together from all across the state to demand fair wages and respect for their hard work. 

*** Video and photos from the bill signing and worker-led celebration can be found here, here, here & here.

New Mexico workers win significant wage increase

Santa F.–New Mexico workers and their families celebrated on Friday after the House of Representatives and the Senate agreed to a legislative compromise reached in conference committee that will raise the state’s minimum wage for the first time in over 10 years. The proposal now heads to the governor’s desk for final signature.

A statewide minimum wage coalition mobilized hundreds of workers from across New Mexico during the session in support of a wage hike, coalescing around Rep. Miguel García’s (D-Bernalillo) $12 minimum wage bill (HB 31).

During a conference committee late Thursday night between members of the House and Senate, led negotiations in a final compromise that:

  • Gradually increases state minimum wage to $12 an hour by 2023
  • Gradually increases the “tipped credit” for tipped employees to $3 an hour by 2023
  • Allows for a new sub-minimum wage for students at $8.50 an hour
  • Does not include an annual cost of living adjustment

Below are reactions from low-wage workers and community organizations across New Mexico:

“This is a victory for New Mexico’s working families and came about as a result of years of organizing efforts lead by low-wage workers,” said Margarita Castruita Flores a member of El CENTRO de Igualdad y Derechos. “We are proud of the contributions that low-wage workers make to our State and this compromise bill is a step in the right direction for our families to obtain financial stability. There is still a lot of work ahead and we will continue to organize our communities to obtain a living wage for all workers in New Mexico.

“Workers and champions like Rep. Miguel Garcia refused to give up,” said Marcela Diaz, Executive Director for Somos Un Pueblo Unido. “By raising the minimum wage, the legislature finally recognized that workers are the backbone of New Mexico’s economy and should be compensated fairly. Getting to $12 per hour will make a big difference for our families in rural communities and local economies.”

OLÉ member Cristal Carter said, “$12/hour by 2023 is a big win for ALL hardworking New Mexico families. We fought hard for this and it shows. Families will now have the stability they need to thrive in our communities because over 200,000 workers across the state of New Mexico will receive the raise they deserve.”

“An increase in the minimum wage will mean a better living situation for the folks in our community who need it the most — people working hard, full time and still on the brink of poverty. It was more difficult than it should have been for the voices of workers to be heard at the legislature and we will continue to stand shoulder to shoulder in the fight for a living wage and true economic security for families across New Mexico,” said J.D. Mathews, State Political Director for New Mexico Working Families Party.

“This victory is the result of workers from all across New Mexico coming together to push for wages that respect their work and allow them to provide for themselves and their families,” said Stephanie Welch, a supervising attorney at the New Mexico Center on Law and Poverty. “The increase will help people who receive the lowest wages in the state finally recover some of their lost spending power. It was high time they saw a raise. The cost of living has gone up over the last 10 years, but the minimum wage stayed flat.” 

Bill guaranteeing basic wage protections for home care and domestic workers awaits governor’s signature

SANTA FE— Today, the New Mexico House of Representatives passed Senate Bill 85, sponsored by Sen. Liz Stefanics and Rep. Christine Trujillo, which would ensure home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections. The bill will now go to Governor Michelle Lujan Grisham’s desk for approval.

Domestic workers have been left out of many labor protections throughout history, and typically have very few options when they’re not paid. SB 85, Domestic Service in Minimum Wage Act, ends the exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

“Domestic workers and home care workers have difficult and important jobs that we depend on,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “SB 85 eliminates outdated, discriminatory practices in New Mexico’s labor protections so people doing some of the toughest jobs like caring for our loved ones and cleaning our houses are treated fairly, and can seek recourse when they are not.”

New Mexico law generally requires employers to pay employees minimum wage and overtime, keep records, and pay employees in full and on time. However, like other wage laws enacted in the 1930s, it excluded large categories of work typically performed by women and people of color from the minimum wage and other protections. The New Mexico Legislature has recognized that it’s time to ensure all workers, including people who work hard in other people’s homes, are guaranteed fundamental labor protections just like everyone else.

“We are optimistic that Governor Lujan Grisham will sign SB 85 into law, guaranteeing domestic workers are no longer ignored in the eyes of the law,” said Adrienne R. Smith of New Mexico Caregivers Coalition. “Cleaning houses and taking care of elderly people or children demands dedication, time, and experience. The people who are in these life-saving roles deserve our respect and the same protections as all other workers.”

Federal law has since eliminated its exclusion of domestic workers, but without state protections, New Mexicans who work in people’s homes are not protected and may be subject to low or no pay and exploitative situations. If domestic workers were covered by New Mexico’s wage laws, the New Mexico Department of Workforce Solutions would investigate their complaints, enforce their rights, and recover their wages and damages.

ACTION ALERT: Senate Corporations & Transportation Committee Hearing on HB31 to Raising NM’s Minimum Wage

Hardworking New Mexicans should be paid a livable wage! It’s time the state’s minimum wage is raised, including the wage for tipped workers. Join us for the 3rd Senate committee hearing on HB 31, a proposal that would increase New Mexico’s minimum wage to $12 per hour, phased in by 2022, and set the server wage at 30 percent of the regular minimum wage.

WHAT: Senate Corporations & Transportation Committee Hearing on HB31

WHEN: Tuesday, March 5th starting at 2:00 p.m.

WHERE: Room 311, the Roundhouse, 490 Old Santa Fe Trail, Santa Fe, NM 87501

                     (Make sure to arrive before 2:00 p.m. to get a seat!)

No one should be expected to work for next to nothing. Raising New Mexico’s minimum wage, for the first time in over a decade is a step in the right direction to ensure that ALL families in our state have a better future!

Can’t make it in person? Here are some ways you can still support:

Tipped workers like me deserve a raise, too

By Paloma Mexika, New Mexico Center On Law And Poverty Communications Associate
(This op-ed appeared in the Albuquerque Journal)

Every worker should be paid a livable wage, but the Albuquerque Journal would have you believe that servers will lose our entire livelihood if the minimum wage is raised. They paint a picture of restaurants without servers, and of diners ordering at counters, picking up their own food and drinks and busing their own tables.

Until very recently, I depended on tips for years. In addition to my base wage, my tips put me just above the poverty line and barely afforded me the cost of living in Albuquerque.

The minimum wage has not been changed in New Mexico for a decade, but a bill to increase it statewide is making its way through the Legislature. 

House Bill 31 would raise the minimum wage from $7.50 an hour to $12 by mid-2021 and tie further increases to inflation. It also adjusts the “tip credit” that allows employers to pay tipped employees $2.13 an hour as long as their tips bring them up to the minimum wage. HB 31 would make the tip credit 30 percent of the prevailing minimum wage.

The Journal claims that increasing the minimum wage and adjusting the tip credit will force restaurants to shut down or drastically reduce service. Really? Do opponents of the increase really advocate for a business model predicated on paying servers only $2.13 an hour out of business revenue? How do restaurants adjust when other fixed prices go up like gas, electricity, food or alcohol?

As seen in other states that have increased or removed the tip credit, the restaurant industry did not change and is healthy and expanding. When low-wage workers like myself are able to earn a livable income and have even a little bit of spending money and free time, we go out to eat and shop at mom-and-pop locally owned businesses. 

The higher wages go right back into our local economy, and as a generous tipper myself, I hope employers are paying a livable wage so that my tip is just extra for a job well done.

The Journal claims that going out to eat would suddenly become so drastically unattractive that the service industry as we know it would cease to exist if tipped employees are paid a livable wage. When 

Albuquerque increased tipped employees’ sub-minimum wage, it didn’t devastate the restaurant industry. Our tips didn’t change, and our paychecks were actually decent.

Raising the minimum wage is better for companies in the long run even if it means a slight adjustment at first. When employees earn a livable income, they don’t have to work multiple jobs, plus they have more time and energy to put into their work.

Even if there were a tradeoff in working a few less hours, I would be willing to adjust to it because at least I would know I and my counterparts throughout the state wouldn’t have to rely entirely on inconsistent tips.

No one should be expected to work for next to nothing. But oftentimes servers don’t have a choice. Shouldn’t employers share more of the responsibility to ensure everyone is paid at least the minimum?




ACTION ALERT: Senate Public Affairs Committee Hearing on HB 31 to raise NM’s minimum wage

New Mexico’s minimum wage has remained stagnant for years. There hasn’t been a raise in the state’s minimum wage in over a decade. It’s time all workers in our state get a raise!

Show your support for HB 31 this Saturday!

WHAT: Senate Public Affairs Committee hearing of HB 31

WHEN: Saturday, February 23rd at 2 p.m.  (Make sure to arrive early to get a seat!)

WHERE: Santa Fe Roundhouse Room 321 (490 Old Santa Fe Trail, Santa Fe, NM 87501)

HB 31 would increase the state minimum wage to $12 per hour phased in over the next three years for New Mexico’s workers and would increase wages for tipped workers as well!

Find the Facts on Tipped Wages in HB 31 Right Here: http://nmpovertylaw.org/wp-content/uploads/2019/02/Factsheet-HB-31-Tipped-Wages-2019-02-08.pdf

Senate passes bill guaranteeing basic wage protections for domestic workers

SANTA FE— Today, the New Mexico Senate passed SB 85, sponsored by Sen. Liz Stefanics and Rep. Christine Trujillo, which would ensure home care and domestic workers—the people who clean homes and deliver care for others—are protected by New Mexico’s minimum wage standards and other wage protections.

Historically, domestic workers have been left out of many labor protections and have little recourse when not paid. SB 85, Domestic Service in Minimum Wage Act, removes exemptions for domestic workers from New Mexico’s wage laws—as has already been done at the federal level.

“Everyone deserves to be paid a fair wage for their work,” said Stephanie Welch, supervising attorney at the New Mexico Center on Law and Poverty. “SB 85 would eliminate archaic and discriminatory treatment in New Mexico’s labor protections so people who work hard in other people’s homes and as caregivers are treated fairly and can seek recourse when they are not.”

New Mexico law generally requires employers to pay employees minimum wage and overtime, keep records, and pay employees in full and on time. However, like other wage laws enacted in the 1930s, it excluded large categories of work typically performed by women and people of color from the minimum wage and other protections.

“Domestic workers deserve the same protections as other workers” said Adrienne R. Smith of New Mexico Caregivers Coalition. “Cleaning houses and taking care of people demands dedication, time, and experience. It’s time we changed how we value this work and the people who perform it.”

Federal law has since eliminated its exclusion of domestic workers, but without state protections, New Mexicans who work in people’s homes are not protected and may be subject to low or no pay and exploitative situations. If domestic workers were covered by New Mexico’s wage laws, the N.M. Department of Workforce Solutions would investigate their complaints, enforce their rights, and recover their wages and damages.

The bill will now be assigned to a committee in the House of Representatives for consideration.