Albuquerque New Mexico Minimum Wage Poster Description
The Albuquerque New Mexico Minimum Wage Poster reflects three minimum wage rates – the general minimum wage rate, the minimum wage rate for employees who receive certain benefits and the tipped employee minimum wage rate. The Albuquerque Minimum Wage Ordinance requires employers to pay all employees no less than the applicable minimum wage for each hour worked within the municipal limits of the city. The Albuquerque Minimum Wage Poster provides the current minimum wage rates, the Consumer Price Index (CPI) percentage used to calculate the current rates, and the text of the administrative rule governing enforcement of the minimum wage.
- The general wage rate applies to employees who do not receive employer-provided healthcare and/or childcare benefits.
- The lower minimum wage rate may be paid if the employer provides healthcare and/or childcare benefits during any pay period, paid equal to or in excess of an annualized cost of $2,500.
- Tipped employees must be paid the tipped employee minimum wage rate (60% of the general minimum wage rate). Tips or commissions received and retained by a tipped employee may be counted as wages and credited towards partial satisfaction of the minimum wage.
Who is covered?
The term EMPLOYER means any person, partnership, association, corporation, or any other entity who is required to have a business license or business registration from the City of Albuquerque and who directly or indirectly or through an agent employs or exercises control over the wages, hours or working conditions of any employee.
The term EMPLOYEE refers to any person who performs work for an employer for monetary compensation for at least two hours in a given week within the municipal limits of the city. The term includes persons who perform work for an employer on a full-time, part-time, seasonal, or temporary basis.
Posting and Recordkeeping
The Ordinance requires:
- Every employer to post a notice published each year by the City Attorney informing employees of the current minimum wage rates and of their rights under the law.
- The Albuquerque New Mexico Minimum Wage Poster must be posted in a conspicuous place at any workplace or job site where any employee works, in both English and Spanish.
- Employers must retain payroll records for a period of three (3) years. This includes signed tip declarations required when the employee uses tips to meet the minimum wage for an employee.
The Albuquerque New Mexico Minimum Wage Poster is available in a bilingual English and Spanish format.
- Violation of the Minimum Wage Ordinance is considered a petty misdemeanor subject to criminal penalty revisions. Each separate violation shall constitute a separate offense and each day of violation shall constitute a separate offense.
- An aggrieved employee may bring a civil action against an employer for reinstatement, wages owed (including interest), and an additional amount equal to twice the wages owed.