Action Alert: House floor vote on HB 31 raising New Mexico’s minimum wage

New Mexicans keep working harder and harder but haven’t seen a raise in the state minimum wage in over 10 years.

It’s time our state increase the minimum wage for all workers, including tipped workers.

Show your support for HB 31! Don’t let tipped workers and their families behind, they deserve a raise too. Join us!

WHAT: House floor vote on HB 31

WHEN: Wednesday, February 13, 4:30 p.m. (subject to change)

WHERE: House of Representatives gallery at the Roundhouse (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, including tipped workers, who would earn a higher base wage plus tips.

If you can’t make it out make sure to:

Get on social media and share your support for HB 31

FIND THE FACTS ON TIPPED WAGES IN HB 31 RIGHT HERE

Hard working minimum wage workers, including tipped workers fight to raise the state’s minimum wage

SANTA FE, NM –  On Monday, February 11, dozens of low-wage workers, including tipped workers, their families, and allies will attend the House floor debate and vote on a proposal to increase the state minimum wage for the first time in nearly a decade.

HB 31, sponsored by Representative Miguel Garcia (D-Bernalillo), would improve New Mexico’s stagnant wages and increase the state’s minimum wage from $7.50 to $10.00 beginning July 1, 2019 until reaching $12 an hour in 2021. The proposal would include an annual increase to adjust for inflation, beginning July 1, 2022. Tipped workers would also receive the new state minimum wage under the proposal, plus tips.

WHAT: House floor debate and vote on HB 31

WHEN: Monday, February 11 (House convenes at 10:30 a.m.)

WHERE: House of Representatives gallery? at the Roundhouse (490 Old Santa Fe Trail, Santa Fe, NM 87501)

*Interviews will be available upon request

Wage theft lawsuit concludes in win for New Mexico workers

 

Judge approves final class action settlement agreement in lawsuit brought by low-wage workers against the Department of Workforce Solutions for failing to enforce New Mexico’s wage payment laws

SANTA FE – Today, after hearing public testimony, First Judicial District Court Judge David K. Thomson approved a class action settlement agreement between workers and workers’ rights organizations and the Department of Workforce Solutions (DWS) that ensures state government will carry out its duty to enforce New Mexico’s strong anti-wage theft laws and hold employers accountable when they violate these laws.

“This is a victory for low-wage workers and proof that when we come together, we can hold powerful institutions accountable,” said Jose “Pancho” Olivas, a member of Somos Gallup, Somos Un Pueblo Unido’s membership team in McKinley County and lead plaintiff in the complaint. “For too long wage thieves were let off the hook. Because of this settlement, DWS will not only enforce our 2009 anti-wage theft law but will do more to ensure workers have a fair shot at recouping their stolen wages.”

The class action settlement agreement is a win for New Mexico workers and is the result of years of work by the workers and workers’ rights organizations who advocated for passage of a 2009 law imposing stronger anti-wage theft protections and who filed a 2017 lawsuit to require DWS to enforce those protections.

“We all deserve to be treated fairly by our employers and paid for every hour that we work,” said Elizabeth Wagoner of the New Mexico Center on Law and Poverty, lead counsel for the plaintiffs. “DWS diligently worked with us on this settlement agreement to make sure that hardworking people who experience violations of New Mexico’s wage payment laws can access their legal right to an investigation of their claims and recover wages owed.”

“In 2009, low-wage workers came together to strengthen protections against wage theft in New Mexico,” said Gabriela Ibañez Guzmán, staff attorney with Somos Un Pueblo Unido’s Worker Center and co-counsel in the lawsuit. “This legislation passed both chambers with a wide margin because wage theft hurts everyone, workers, law-abiding businesses and local economies.  But our laws are only as good as the appropriate government agencies are willing to enforce them. This settlement sends a message that enforcement should be a priority.”

Now that the court has issued final approval of the settlement agreement, DWS will begin accepting requests from workers to re-investigate wage claims that DWS did not initially accept or correctly investigate. This includes workers who experienced the following problems:

  • DWS rejected or returned the claim form without investigating the claim;
  • DWS rejected, closed, or incompletely investigated the wage claim because of an unlawful $10,000 cap or one-year time limit;
  • DWS made a decision in favor of the employer for an improper jurisdictional reason;
  • DWS closed the wage claim after the employee or employer missed a deadline or hearing.

“When my sister and I went to the Department of Workforce Solutions to file our wage claims, we experienced problems communicating with the people in this office because they did not provide translation services,” said Sabina Armendariz, a low-wage immigrant worker, single mother, and member of El CENTRO de Igualdad y Derechos. “Now, all Spanish speakers will receive equal access to DWS services. This settlement agreement is an example of what can happen when low-wage workers organize to confront labor abuses and work to hold accountable the very government institutions entrusted with enforcing the laws. We encourage other workers to come forward and present their cases.”

Several workers plan on filing their wage theft complaints with DWS after the hearing.

“I look forward to filing my wage theft complaint along with three of my co-workers,” said Yesenia Sanchez, mother of three children and a member Somos Un Pueblo Unido’s United Worker Center. “I am happy to know that our complaints will be taken seriously and not be turned away.”

Beginning on March 16, DWS will also take several steps to notify workers about their rights, including running radio ads in English and Spanish, providing information about the wage claim process on the homepage of the DWS website, mailing notice to the class with instructions about the right to request a re-investigation, and posting notices in all DWS offices statewide.

The case, Olivas v. Bussey, was filed in January 2017 by four victims of wage theft and workers’ rights organizations El CENTRO de Igualdad y Derechos, New Mexico Comunidades en Acción y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. The plaintiffs claimed that DWS had failed to investigate and resolve wage claims concerning violations of New Mexico’s wage payment laws.

Plaintiff workers and organizations and DWS filed a joint motion on December 20, 2017 in the First Judicial District Court asking Judge Thomson to approve the class action settlement agreement.

“Language barriers should not be a reason why New Mexican workers suffer from wage theft. People with limited English language access should be kept fully informed by state government agencies such as DWS and should not have additional limitations when filing or pursuing wage theft claims. Our message is loud and clear; we will not rest until we end wage theft and labor abuses in New Mexico,” said Javier Castillo Chavez, a low-wage immigrant worker and member of El Centro who’s wage claim case was successful thanks to the new DWS regulations put in place because of the class action settlement agreement.

In addition to re-investigating prior wage claims and notifying workers of their rights, DWS has also implemented the following policies to end the practices challenged in the lawsuit:

  • LRD investigates all wage claims, regardless of their dollar value;
  • LRD takes enforcement action on wage claims going back three years, or longer if the violation is part of a continuing course of conduct;
  • Employers who fail to pay minimum or overtime wages must pay damages to wage claimants, calculated at three times the value of the unpaid wages;
  • LRD no longer closes wage claims for impermissible procedural reasons; and
  • LRD provides language access services to all wage claimants who need it by requesting each claimant’s language preference on the claim form, providing interpretation in each telephonic and in-person interaction, translating all form letters and claim forms into Spanish, allowing claimants to fill out claim forms in any language, and offering an interpreter to anyone who telephones the agency.

In addition, LRD has revamped its policies and procedures so that the agency is in compliance with the New Mexico wage laws. This includes the adoption of a publicly-available investigations manual that lays out how LRD enforces the law, which LRD and attorneys for the plaintiffs are writing together. Attorneys for the plaintiffs will also review worker case files to identify wage claims that LRD may consider for workplace-wide enforcement action.

People who experienced a problem with a wage claim at DWS should request a re-investigation or contact:

The notice of rights, claim form, and instructions for requesting a re-investigation will be available in a link from the DWS website homepage on or before March 16.

Elizabeth Wagoner of the New Mexico Center on Law and Poverty is lead counsel on a legal team that includes the Center’s Gail Evans, Stephanie Welch, and Juan Martinez, Santa Fe attorney Daniel Yohalem, and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

 

Settlement in lawsuit against DWS ensures enforcement of New Mexico wage payment laws

Agreement is a victory for wage theft victims

SANTA FE, NM – Today, workers and workers’ rights organizations announced a settlement agreement with the Department of Workforce Solutions that ensures state government will carry out its duty to enforce New Mexico’s strong anti-wage theft laws and hold employers accountable when they violate these laws. The workers and DWS filed a joint motion Tuesday evening in the First Judicial District Court asking Judge Thomson to approve the class action settlement agreement.

The class action settlement agreement is a win for New Mexico workers and is the result of years of work by the workers and workers’ rights organizations who advocated for passage of a 2009 law imposing stronger anti-wage theft protections, and who filed a 2017 lawsuit to require DWS to enforce those protections. The case, Olivas v. Bussey, was filed in January 2017 by four victims of wage theft and workers’ rights organizations El CENTRO de Igualdad y Derechos, New Mexico Comunidades en Acción y de Fé (CAFÉ), Organizers in the Land of Enchantment (OLÉ), and Somos Un Pueblo Unido. The plaintiffs claimed that DWS had failed to investigate and resolve wage claims concerning violations of New Mexico’s wage payment laws.

“Workers need state agencies like the Department of Workforce Solutions to level the playing field,” said Jose “Pancho” Olivas, a member of Somos Gallup, Somos Un Pueblo Unido’s affiliate in McKinley County and plaintiff in the complaint. “I am very proud to have joined other workers in this lawsuit to ensure that our government is doing its job and working for the people of our state. Because of this settlement, me and my wife will be able to move forward with our complaints and I know workers in other rural communities like Gallup will too. We work hard for every single dollar and will not hesitate to stand up for what is right when the stakes for our families are so high.”

Low-wage workers – who are particularly vulnerable to being taken advantage of by their employers – are more organized and powerful than ever. The settlement is indicative of their success in fighting the unfair practices of dishonest employers, and exercising their right to hold their government accountable.

“This settlement is a hard-earned victory for New Mexican working families, and now we will pivot to ensure this settlement, and all New Mexico’s labor laws, are being implemented correctly,” said Sabina Armendariz, an immigrant low-wage worker, single mother, and active member of El CENTRO. “We will continue organizing alongside other low-wage workers, and we will keep using everything at our disposal to fight for workers’ rights so that all New Mexicans can provide for their families.”

Under the settlement agreement, many workers whose cases the DWS Labor Relations Division (LRD) rejected for improper reasons in the past will have the right to a re-investigation of their cases. A notice explaining how workers can seek a re-investigation will be available on the Department of Workforce Solutions website once it is approved by Judge Thomson. Workers may also contact any of the plaintiff organizations for help.

“New Mexicans want to provide for their families and build financial security, and deserve to be treated fairly,” said Elizabeth Wagoner of the New Mexico Center on Law and Poverty, lead counsel for the plaintiffs. “DWS leadership worked diligently with us on a settlement that ensures hardworking people who experience violations of New Mexico’s wage payment laws can access their legal right to an investigation of their claims, so that they can recover wages owed.”

LRD has also taken the following steps to end the practices challenged in the lawsuit:

  • LRD will now investigate all wage claims, regardless of their dollar value;
  • LRD will take enforcement action on wage claims going back three years, or longer if the violation is part of a continuing course of conduct;
    Employers who fail to pay minimum or overtime wages must pay damages to wage claimants, calculated at three times the value of the unpaid wages, when a case reaches the administrative enforcement phase and is not resolved in settlement;
  • LRD will no longer close wage claims for impermissible procedural reasons; and
  • LRD will provide language access services to all wage claimants who need it, by requesting each claimant’s language preference on the claim form, providing interpretation in each telephonic and in-person interaction, translating all form letters and claim forms into Spanish, allowing claimants to fill out claim forms in any language, and offering an interpreter to anyone who telephones the agency.

In addition, LRD will revamp its policies and procedures so that the agency is in compliance with the New Mexico wage laws. This includes the adoption of a publicly-available investigations manual that lays out how LRD will enforce the law, which LRD and attorneys for the plaintiffs will write together. Attorneys for the plaintiffs will also review worker case files to identify wage claims that LRD may consider for workplace-wide enforcement action. In addition, the department will inform workers of their rights under the agreement, including how to file an unpaid wage claim, through several means of public notice, including website revisions, radio and social media.

Elizabeth Wagoner of the Center is lead counsel for the plaintiffs on the Olivas v. Bussey legal team that includes the Center’s Gail Evans and Tim Davis, Santa Fe attorney Daniel Yohalem, and Gabriela Ibañez Guzmán of Somos Un Pueblo Unido.

A copy of the submitted settlement agreement can be found here.
Photographs from today’s press conference in Santa Fe can be found here.
A recorded “Facebook Live” video of the press conference can be found here.

The following additional statements are from individual plaintiffs and representatives from plaintiff organizations:

“In 2009, the state legislature passed a law recognizing the harmful impact wage theft has on working families, law-abiding employers, and local economies,” said Marcela Díaz, Executive Director of Somos Un Pueblo Unido. “And when the Legislature passes a law that is supposed to give workers a fair shot at recuperating their stolen wages, we expect state agencies like the Department of Workforce Solutions to do their job. Workers will continue to ensure that this settlement is honored.”

“This is what is possible when workers come together,” said Moises Penagos Ruiz a member of Familia Unidas Por Justicia, a Somos affiliate group in San Juan County, and a class member in the lawsuit. “I believe that our state government should thoroughly investigate wage theft claims, especially if two or more workers come forward from the same workplace claiming they are victims. And now, my case, and those of my co-workers, will move forward. If DWS fulfills its role, we believe that we can eradicate wage theft once and for all.”

Photo credit: El Centro de Igualdad y Derechos

Proposed Albuquerque sick leave bill would benefit few workers

ALBUQUERQUE—A coalition of workers and policy advocates said today that the sick days bill introduced by City Councilors Ken Sanchez and Don Harris would leave thousands of employees unable to earn sick time to care for themselves.

“This bill would still force thousands of working families in Albuquerque to choose between a paycheck and taking earned time off to get well or care for a sick family member,” said Veronica Serrano, a member of the Healthy Workforce coalition. “I couldn’t earn sick leave at my most recent job, and this bill would do nothing to change that because any business with fewer than 50 employees won’t have to offer earned sick time–that’s 90 to 95 percent of all employers in Albuquerque.”

The coalition noted that the proposal also doesn’t cover employees who work fewer than 20 hours. “This bill would actually encourage employers to offer fewer hours to their workers,” said Ms. Serrano. “That’s not healthy for our communities.”

According to the New Mexico Center on Law and Poverty, the law would be the weakest sick leave bill in the country. “No sick time law in the country contains as many loopholes and exclusions as this one, or makes it so difficult to earn and use sick leave,” said Elizabeth Wagoner, an attorney at the Center. “Worse, this proposal completely excludes people who must take care of sick parents, grandchildren, siblings, and other relatives. And the weak enforcement provision sends a message to unscrupulous employers that they can violate this law with no consequences.”

Despite their misgivings about the proposed ordinance, coalition members said they are ready to work on improving it. “We look forward to discussing the needs of our hardworking families with Councilors Sanchez, Harris, and the rest of the Council, so that we can create a sick leave bill that does not divide us between those who can earn sick time and those who cannot,” said Ms. Serrano.

Healthy Workforce ABQ to Continue Fight for Workers’ Right to Earn Paid Sick Leave 

ALBUQUERQUE, NM – Healthy Workforce ABQ, the campaign behind the proposed ordinance for earned sick days, vowed today to continue its fight to ensure that all workers have access to earned paid sick leave, after unofficial election returns showed a narrow margin of 718 more votes against the ordinance.

“No one should have to choose between a paycheck and their health or taking care of a sick child,”said Andrea Serrano, Executive Director of OLE. “Throughout this campaign, we talked with workers, families, and small business owners who agreed Albuquerque workers need the right to earn sick days. But this ordinance faced great odds. Well-connected business interests undertook a campaign of misinformation that confused both the press and voters about the provisions of the law. The measure was relegated to the back of the ballot, without a summary, in illegible seven point font that many people could not read. This election doesn’t change the fact that everyone agrees Albuquerque workers should have the basic right to earn sick leave. We will continue to fight for it.”

Local community organizations have been working tirelessly to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition to get it on the ballot.

“I have never had earned paid sick days. I have a child with autism, and many times I have had to choose between taking him to his medical appointments or not receiving a day’s worth of pay,” said Edgar Salinas, a low-wage immigrant worker and an active member of EL CENTRO de Igualdad y Derechos. “My situation is not unique. Tens of thousands of workers are taking care of children and elderly parents. It is reprehensible that well-funded groups, driven by ideology instead of sound policy, choose to undermine working families’ ability to care for one another rather than strengthen and support the workers who are a cornerstone of the economy. We, Albuquerque’s working families, will continue to fight for our rights to support our families and strengthen Albuquerque. La lucha sigue!”

###

Healthy Workforce ABQ is supported by Organizers in the Land of Enchantment (OLE), Strong Families New Mexico, El CENTRO de Igualdad y Derechos, New Mexico Working Families Party, the New Mexico Center on Law and Poverty, the Center for Civic Policy, and Southwest Organizing Project (SWOP).

Court Rejects Challenge to Earned Sick Leave Law

Ruling Ensures Healthy Workforce Ordinance Will Appear on October 3 Municipal Ballot

 

ALBUQUERQUE, NM — Today, in a victory for Albuquerque’s working families, Honorable Judge Shannon Bacon threw out a challenge by business lobbyists to the Albuquerque Healthy Workforce Ordinance. Today’s ruling ensures that voters will have an opportunity to vote on earned sick days this fall at the October 3, 2017 municipal election.

“Low wage and immigrant workers play a critical role in Albuquerque’s economy, yet they are disproportionately impacted by attacks on minimum wage and efforts to undermine the proposed paid sick leave ordinance,” said Marco Nunez, Worker Justice Coordinator, EL CENTRO de Igualdad y Derechos.  “This victory sends a clear message to corporate interests that prioritize profit over the well-being of our families that our communities will not stand by idly as they attack and chip away at workers’ rights.”

Judge Bacon also upheld voters’ right to vote on citizen-initiated ballot initiatives, rejecting the business interests’ attempt to strike the voters’ democratic rights from the Albuquerque City Charter.

“Albuquerque residents’ right to directly participate in the lawmaking process is a cornerstone of our local democracy,” said Tim Davis, an attorney with the New Mexico Center in Law and Poverty, who argued the case for the community organizations. “Today’s ruling protects this right from attacks by well-connected business interests.”

The ruling arose out of a lawsuit filed against the city by business lobbyists who wanted to remove the earned sick ordinance from the October 2017 ballot. They also sought to cut the minimum wage, which was overwhelmingly passed by voters in 2012, from $8.80 to $7.50. Community organizations and voters who support both laws intervened in the case to defend them.

The judge also tossed out the challenge to the Albuquerque minimum wage in an oral ruling from the bench yesterday, ruling that the results of the 2012 general election are final and cannot be challenged now. She issued a written opinion today reaffirming her oral ruling. Together with her ruling on the Healthy Workforce Ordinance, today’s rulings dismiss all claims in the lawsuit on both ordinances.

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

###

Court Upholds Albuquerque Minimum Wage Law

ALBUQUERQUE, NM — Honorable Judge Shannon Bacon threw out a challenge to the Albuquerque Minimum Wage Ordinance today, ruling that the results of the 2012 general election are final and cannot be challenged now.

“It’s astonishing and disheartening that business groups were trying to cut hard working New Mexicans’ wages by nearly $3,000 a year,” said Trae Buffin who is a member of OLÉ. “I’m overjoyed that the court agreed with the people and that the minimum wage is safe in Albuquerque.”

The ruling arose out of a lawsuit filed against the city by business lobbyists attempting to end minimum wage, which was overwhelmingly passed by voters in 2012, and to remove the earned sick days ordinance from the October 2017 ballot. Community organizations and voters who support the law intervened in the case to defend the ordinance.

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

Judge Bacon has not yet ruled on the earned sick days initiative, but indicated at the hearing that she would do so soon.

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

 

 

Judge Rules Earned Sick Days Ordinance Must Appear on 2017 Ballot

Illegal “Advisory Question” Stricken

ALBUQUERQUE, NM — Yesterday, in a victory for advocates of earned sick leave, the Honorable Judge Alan Malott reaffirmed his prior ruling that the Albuquerque Healthy Workforce Ordinance must appear on the 2017 municipal election ballot. He also struck an illegal “advisory question” related to sick leave from the ballot, ruling that it employs “semantically loaded terms” and “is an inappropriate attempt to inject political advocacy onto the ballot and into the election process.”

The earned sick leave ballot initiative, if passed, would give workers the right to earn sick leave to recover from illness or care for ill family members. Local community organizations have been working to educate the public on the earned sick leave initiative since last summer, when over 24,000 voters in Albuquerque signed the petition in support of it.

Recently, advocates filed an emergency motion in district court asking Judge Malott to order the City to administer a fair election on the Healthy Workforce Ordinance after Mayor Berry and the City Council removed the summary from the ballot, added an illegal advisory question on sick leave to confuse voters, and insisted that the ballot be printed in difficult-to-read 7-point font.

Yesterday’s ruling handed a major victory to the advocates, by removing the illegal advisory question and ordering other protections to ensure voters can read their ballots. The City of Albuquerque must now provide samples of the Healthy Workforce Ordinance in at least 12-point type at polling places, and must provide a specific number of magnifying devices at each polling place so that voters can read their ballots.

“This ruling protects our democracy in Albuquerque. There will be nothing on the ballot to confuse voters about how to find the Healthy Workforce Ordinance and vote on it,” said Kiana Tavakoli, a member of OLÉ. “Although we think the best solution is to print a summary of the Healthy Workforce Ordinance on the ballot, this ruling will at least force the City of Albuquerque to provide magnifying glasses and print the Healthy Workforce Ordinance in a voter supplement large enough that people can read it.”

The Healthy Workforce ABQ Ordinance can be read online here: https://healthyworkforceabq.org/full-language-of-ordinance/

Voters living within the city limits of Albuquerque will have a chance to vote for the Healthy Workforce Ordinance on Tuesday, October 3, 2017. Its full text will appear on the back of the ballot under the heading “Proposed Ordinance.” Early voting starts September 13 and ends September 29.

City Ordered to Make Public Mock-Up of Illegible Ballot

Employees Say Families Need Fair Election on Earned Sick Days Question

ALBUQUERQUE, NM — On Wednesday afternoon, Judge Alan Malott ordered the City of Albuquerque to hand over the mock 2017 municipal ballot to members of the Healthy Workforce ABQ campaign, which advocates for the passage of an ordinance that would allow all Albuquerque workers to earn sick leave. The judge also ordered the Albuquerque City Clerk to testify at a deposition about how the City will fit all required issues, contests, and questions on the 2017 ballot.

In its lawsuit against the City of Albuquerque, the campaign argues that because the full text of the Healthy Workforce Ordinance will only fit on the ballot in an illegible and illegally-small font size — approximately 6-point font — the City Clerk should place a legible summary on the ballot and provide a legible, large-text copy of the full ordinance in each voting booth so that voters can read both documents.The City’s uses the same practice for bond questions.

“I’m legally blind and have to cast my ballot in a special voting machine that has long lines. Small font on the ballot will mean more people will have to make use of the limited machines that help visually-impaired people read their ballots,” said Jerry C De Baca, veteran and voter.

According to federal voting systems guidelines adopted in Section 1-9-14 of the New Mexico Election Code, election ballots must be printed at a minimum of 8.5 point font or larger to ensure that voters with poor vision can read their ballots. In their demand for a copy of the City’s mock-up ballot, Healthy Workforce argued that it will show that the earned sick days ordinance can only fit on the ballot in in a font size well below 8.5, in violation of law.

“Everyone deserves a fair election. Voters will be frustrated and discouraged from voting because the election ballot will be printed too small for voters to read,” said Diane Goldfarb of the League of Women Voters.

“A lot of voters will see that small font and skip right over it,” said Becca Arana, a member of OLÉ. “A ballot printed too small to read can determine whether hard-working moms and dads get a fair election, or not, on allowing employees to earn sick days.”

Albuquerque City Clerk, Natalie Howard, was also ordered to testify in a deposition about whether she can fit the Healthy Workforce Ordinance on the ballot in legible type alongside all the other issues that voters will decide in 2017, including the mayoral race, city council races, and bond questions.

Judge Malott did not rule on the font size question or issue any final rulings today. The plaintiffs plan to seek a final ruling soon after the City produces all of the information the Court ordered it to produce today, to ensure the people of ABQ will have a chance to vote a ballot they can read in October.