Who must post the Bernalillo County Minimum Wage Poster?
- The Bernalillo County Minimum Wage Ordinance (BCC 2-221) requires every covered employer to post in a conspicuous place at any workplace or job site where any employee works a notice published each year by the County informing employees of the current minimum wage rates and of their rights under the law.
- The notice must be posted in English and Spanish.
Who is covered by the Bernalillo County Minimum Wage Law?
- Employers who are required to have a business registration from Bernalillo County and who employ any employee within the geographical limits of unincorporated Bernalillo County are subject to the Bernalillo County Minimum Wage Law.
- The law applies to any employee who works for an employer for at least two hours per week within the geographic boundaries of unincorporated Bernalillo County. The law applies to employees whether they work on a full-time, part-time, seasonal, or temporary basis.
What information is provided on the Minimum Wage Poster?
The Bernalillo County Minimum Wage Poster shows:
- The current Bernalillo County minimum wage rate and the New Mexico minimum wage rate. The posting explains that the State minimum wage rate is the prevailing wage rate because it supersedes the County minimum wage rate.
- The prevailing State minimum hourly wage rate for tipped employees. If a tipped employee’s cash wages plus tips do not equal the State minimum wage rate the employer must make up the difference.
- A tipped employee is any employee engaged in an occupation in which he or she customarily and regularly receives tips from customers.
What else should I know?
Employers have additional responsibilities under the Bernalillo County Minimum Wage Law. This includes:
- Maintaining payroll records for a period of 3 years.
- Obtaining a tip declaration signed by the tipped employee for each pay period if the employer takes a tip credit against its minimum wage obligation.
- Paying at least the specified minimum hourly wage to an employee if the employer pays for healthcare and/or childcare benefits exceeding a specified amount during any pay period.
- Any employee receiving less than the wage to which the employee is entitled may file a civil court action against their employer for backpay and other relief.