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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.
State
Contact
Department of Labor, Human Rights Division
Regulations
New Mexico Statutes, Chapter 28, Article 1
New Mexico Administrative Code, Title 9, Chapter 1
Fair Pay for Women Act (HB 216)
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
29 CFR Part 1620, The Equal Pay Act
29 CFR 1621, Procedures — The Equal Pay Act