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?




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

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/

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Judge Rejects Challenge to Albuquerque Minimum Wage Ordinance

District Court Rules against Kelly’s Brewpub in Wage Theft Case

ALBUQUERQUE— On May 30, 2017, Second Judicial District Court Judge Alan Malott rejected a legal challenge to Albuquerque’s Minimum Wage Ordinance, denying a motion to dismiss a minimum wage case, Atyani et al. v. Bonfantine et al., No. D-202-CV-2016-2775, filed by employees of Kelly’s Brewpub against the former owners of the restaurant, Dennis and Janice Bonfantine.

The Bonfantines’ former employees have alleged that Kelly’s illegally required workers to kick back three dollars per hour from their tips after the tipped minimum wage officially increased in Albuquerque from $2.13 per hour to approximately $5.16 per hour. To defend against these claims, the Bonfantines argued that the Albuquerque minimum wage was invalid because it was increased through a voter initiative that put a summary of the wage increase on the 2012 ballot rather than the entire ordinance. Judge Malott rejected this argument, ruling that any challenge to how the 2012 election was conducted should have been made right after the election.

“Thousands of hard-working families can breathe easier now, knowing that the minimum wage in Albuquerque isn’t going to be slashed,” said Bianca Garcia, a plaintiff in the case. “The Bonfantines should be ashamed of themselves, not only for their violations of the minimum wage ordinance, but also for trying to eliminate the Albuquerque minimum wage altogether just to avoid paying back the money they took from us. We thank the court for seeing through this bogus defense.”

Judge Malott also rejected the Bonfantines’ argument that the Albuquerque minimum wage ordinance was invalid because it “logrolled” multiple issues into one question presented to voters. Malott ruled that “logrolling” is not an issue in municipal ballot measures.

“For years, the former owners of Kelly’s took hard-earned money out of their employees’ pockets, violating Albuquerque’s minimum wage ordinance that was overwhelmingly passed by city voters in 2012,” said Elizabeth Wagoner an attorney on the case from the New Mexico Center on Law and Poverty (the Center). “We’re looking forward to moving forward in this case. The Bonfantines’ employees deserve to collect every dollar they worked for and are owed.”

A similar case, Association of Commerce and Industry et al. v. City of Albuquerque et al., No. D-202-CV-2017-02314, filed in April by a group of business organizations, also asks the courts to invalidate the Albuquerque Minimum Wage Ordinance. That case, which is currently pending before Second Judicial District Court Judge Shannon Bacon, raises many of the same arguments that Judge Malott rejected in the May 30 Atyani v. Bonfantine decision.

Atyani v. Bonfantine is set to go to trial in summer 2018. Attorneys on the case are Wagoner and Tim Davis of the Center, and Shane Youtz and James Montalbano of Youtz & Valdez, P.C.

A copy of Judge Malott’s order can be found here.

 

Community Organizations Ask Court to Protect Minimum Wage and Paid Sick Ballot Initiative

By Elizabeth Wagoner, Supervising Attorney for Workers’ Rights

NMCLP Staff Attorney Tim Davis speaks at the May 4 press conference. Photo Credit: OLÉ

On May 4, 2017, several community organizations filed motions to intervene and motions to dismiss in a lawsuit that corporate and industry groups filed to attempt to overturn the Albuquerque Minimum Wage Ordinance (MWO) and keep the Albuquerque Healthy Workforce Ordinance off the 2017 ballot. The New Mexico Center on Law and Poverty represents the intervenors in this case.

The increases to the Albuquerque minimum wage passed in 2012 with the overwhelming support of Albuquerque voters. Now, almost five years later, corporate business interests seek to undercut the democratic process and invalidate the Albuquerque Minimum Wage, cutting the wages of hard working people across Albuquerque by $1.30 – from $8.80 per hour to $7.50 per hour. The corporate interests’ legal challenge to the Healthy Workforce Ordinance ballot initiative is a similarly undemocratic effort by corporations to keep Albuquerque voters, as is their right, from deciding whether workers should have the right to earn sick leave to recover from illness or care for ill family members. The corporate plaintiffs in the lawsuit do not stop there, however. They also ask this Court to take away the voters’ democratic right to propose and vote on ballot initiatives ever again.

The community organizations that fought successfully to put these important workplace rights on the ballot are now fighting once again to protect these laws. The first Motion to Dismiss asks the court to dismiss all of the challenges to the Albuquerque Minimum Wage Ordinance, and a second Motion to Dismiss asks the court to dismiss the Healthy Workforce Ordinance challenges. Both motions argue that the industry claims are flimsy, without merit, and are wholly without respect for the democratic process.

Find the motions to dismiss here and here.

Find the motions to intervene here and here.