Federal & State Regulations | Equal Pay Act - New Mexico

State Info

Summary of differences between federal and state regulations

The New Mexico Fair Pay for Women Act was signed into law on March 14, 2013. It applies to all employers with four or more employees, and defines an “unpaid wage” as the difference between actual wages paid, and the wages that would have been paid if not for discrimination based on gender.

The state law prohibits sex discrimination in terms of wages, essentially mirroring the federal Equal Pay Act. In addition, it prohibits retaliation against employees who file or suppor t a claim. It provides a two year statute of limitations for bringing claims, based on the last date of the employee's employment.

The state law allows recovery of up to six years of “unpaid wages” and allows for punitive damages, as well as triple damages based on the unpaid wages. Employees may also recover legal fees.

In addition, violations of the federal Equal Pay Act could be considered a form of gender discrimination. Under the work sharing agreement with the Equal Employment Opportunity Commission (EEOC), the Human Rights Division may investigate complaints of discrimination on the basis of race, color, national origin, religion and sex under Title VII of the Civil Rights Act of 1964. The federal Equal Pay Act would also apply.

Recordkeeping

Every employer must keep true and accurate records of hours worked and wages paid for each employee. These records must be kept on file for at least one year after the entry has been made.