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 “This legislation eliminates outdated, discriminatory practices in New Mexico so people doing some of the toughest jobs, like caring for others’ loved ones and cleaning houses, are treated fairly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.
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.