Wage theft—the unlawful failure to pay wages rightfully owed to a worker—is rampant among New Mexico’s low-wage workers. Wage theft can take many forms, including minimum wage or overtime violations, the failure to pay employees for work performed, and illegal paycheck deductions. According to a 2012 survey of agricultural workers conducted by the Center and our partners, 67% of New Mexico’s farmworkers reported being the victim of wage theft in the previous year.
Regrettably, the state agency that is supposed to be enforcing New Mexico’s labor laws, the NM Department of Workforce Solutions, is wrongfully dismissing some workers, and failing to properly process and investigate the wage theft claims of others. Moreover, clients are regularly being told incorrect information about the remedies available to them under the law.
The Center is working to ensure that the NM Department of Workforce Solutions properly enforces wage theft laws and processes the claims of low-income workers in accordance with the law.
- Settlement Agreement-Olivas et al v. New Mexico Department of Workforce Solutions (December 2017)
- Intervenor-Defendants’ Motion to Dismiss Claims To Overturn The Albuquerque Minimum Wage Ordinance (Counts II, IV, And V) - May 2017
- Intervenor-Defendants’ Motion to Dismiss claims that seek to keep the Healthy Workforce Ordinance off the 2017 ballot (Counts I, III, IV, and VI) - May 2017
- Olivas v. Bussey Order Denying Defendants' Motion to Dismiss (April 2017)
- Complaint: Lawsuit against Kelly’s Brew Pub for violations of the Albuquerque Minimum Wage Ordinance (April 2016)
- Press Release: Employees file a class action lawsuit against Kelly’s Brew Pub and Restaurant for violating the Albuquerque Minimum Wage Ordinance (April 2016)
- Department of Workforce Solutions Wage Claim Form -Las Cruces (April 2015)
- Department of Workforce Solutions Wage Claim Form - Albuquerque (April 2015)
- Department of Workforce Solutions Wage Claim Form - Santa Fe (April 2015)
- Texas Rio Grande Legal Aid Flyer on Minimum Wage in New Mexico (Spanish | June 2014)
- State Minimum Wage Flyer for Farm Employers (June 2014)