Bernalillo County New Mexico Minimum Wage Poster Description
The Bernalillo County New Mexico Minimum Wage Poster provides the current minimum hourly compensation rate for most employees and the tipped minimum wage rate, as well as a reference to the Minimum Wage Ordinance in the Bernalillo County Code of Ordinances. Posting the Bernalillo County New Mexico Minimum Wage Poster is required by the Bernalillo County Minimum Wage Ordinance Sec. 2-221. The Bernalillo County New Mexico Minimum Wage Ordinance provides:
- Every employer must post a copy of the current Bernalillo County Minimum Wage notice in a conspicuous place at any workplace or job site where an employee works.
- The notice must be posted in English and Spanish.
The Bernalillo County New Mexico Minimum Wage Poster is bilingual.
Bernalillo County Minimum Wage Ordinance
The Bernalillo County Minimum Wage Ordinance Sec. 2-220 requires all employers to pay all employees no less than the current Bernallilo County minimum wage for each hour worked within the unincorporated limits of the county, including areas located outside of Albuquerque city limits. The Bernalillo County minimum wage rate is adjusted each January for increases in the cost of living as measured by the Consumer Price Index (CPI).
Because Bernalillo County has a higher minimum wage rate than the one set by New Mexico or the Federal government, the higher local minimum wage rate takes precedence and must be paid to all employees covered by the local minimum wage regulation. Tipped employees may be paid the federal minimum wage, so long as their wages plus tips is equal to or greater than the county minimum wage. If wage plus tips does not exceed the county minimum wage, the employer must pay the difference.
Employers who provide qualifying healthcare or childcare benefits may pay employees $1.00 less per hour than the minimum wage during any pay period for which the employer pays an amount for those benefits equal to or in excess of an annualized cost of $2,500.00.
The Bernalillo County Minimum Wage Ordinance also establishes recordkeeping requirements.
- Employers must maintain payroll records for a period of three (3) years.
- When the employer uses tips to meet the minimum wage for an employee, the employer must have a tip declaration signed by the tipped employee for each pay period.
Any employee receiving less than the wage to which the employee is entitled under this division may bring a civil action in a court of competent jurisdiction and, upon prevailing, shall recover the balance of the wages owed, including interest thereon, and an additional amount equal to twice the wages owed, and any other appropriate legal or equitable relief.