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

SANTA FE—A bill passed into law yesterday 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 “This legislation eliminates outdated, discriminatory practices in New Mexico so people doing some of the toughest jobs, like caring for others’ loved ones and cleaning houses, are treated fairly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.

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.

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.