New Mexico Expands Posting Requirements

Author: Marta Moakley, XpertHR Legal Editor

March 31, 2014

New Mexico has expanded its mandatory posting requirements for employers to include notice of human trafficking resource center hotline information. New Mexico Governor Susana Martinez has signed into law H.B. 181, which had been unanimously passed by the legislature. This adds New Mexico to the list of states (Alabama, California, Hawaii, Pennsylvania and Virginia) that require certain employers to post human trafficking hotline information.

However, New Mexico requires all employers subject to the state Minimum Wage Act, in addition to various others, to comply with the new law's requirements. In some states, such as Alabama, only those employers involved in adult entertainment or businesses that are places of public accommodation (such as a transit hub) are required to post information regarding slavery and human trafficking.

In addition to those employers subject to the New Mexico Minimum Wage Act, covered employers include:

  • An employer with an alcoholic beverage retailer's license; alcoholic beverage dispenser's license; a restaurant license to sell, serve or allow consumption of beer; or a club license;
  • Health facilities licensed under the Public Health Act; and
  • State or local government agencies that manage a transportation facility, including a highway rest area.

The law is designed to communicate individual rights and state and federal criminal sanctions for those employers that would obtain forced labor or services. State attorneys general and the US Department of Justice frequently prosecute forced labor cases.

The poster must communicate specific language notifying workers or users of the business facility (i) that forced labor is criminal under state and federal criminal law; and (ii) the local and toll-free national numbers through which to provide anonymous, confidential information to authorities.

The new law requires that the posting be conspicuously displayed in the employer's business premises and licensed facilities in areas accessible to the public and employees. The posters must be displayed in English, in Spanish and in any other language that is spoken by at least 10 percent of the workers or users of the facility.

The state Department of Workforce Solutions, Labor Relations Division, will make a poster available for covered employers to download or print. The new law goes into effect July 1, 2014.