Employment Regulation Quick Links
Here you will find quick links to: State and Federal labor laws and regulations, links to New Mexico Workforce Solutions (NMDOL), Unemployment, Federal Labor Standards Act (FLSA), Work Comp Administration (WCA), New Mexico minimum wage information, tip rules and more…bookmark this page for further reference.
NMRA along with the U.S. Dept. of Labor have published this informative video and resource library to help restaurant navigate wage & hour issue. They covers all wage/hour issue as well as the FLSA and much more. Many of the complicated topics now have usefull fact sheets that break complex issue down to levels you can work with. Find this exclusive vidoe and these new resources here:
General Labor Information
- Federal Department of Labor Wage and Hour Division website
- NM Department of Workforce Solutions Labor and Unemployment FAQ’s
- Restaurants and Fast Food Establishments Under FLSA
- New Mexico – Worker’s Compensation Administration Employer’s Guidebook
New Mexico Department of Workforce Solutions
Other Required Posters
- Required State of New Mexico $12/hr Minimum Wage Poster
- Required Labor Posters – Federal and State of New Mexico
Recordkeeping
Wages & Tipped Employee Information
- Minimum Wage Information, Current Wages for New Mexico
- DOL Overview of Tipping with Several Specific Issue Links
- Service Charges Classified as Wages – generally, when a “service charge” is added to a patron’s bill and then distributed to an employee, the added amount is classified as wages (and taxed as such) for the employee and cannot be counted as a tip. There are four guidelines the IRS uses to determine if a payment is a tip or not.
- FICA Tax on Tips – IRS Ruling
- Calculating Overtime Wages for Tipped Employees
- US Department of Labor Guideline for Tipped Employees
- Tip Pooling Guidelines
- Wage Calculations and Credit Card Fees
- Wage Preemption issues
- Wage Hours Rules for Restaurants
Employees
- Child Labor Laws Under FSLA
- Classifying Managers and Assistant Managers Under FLSA
- Cleaning Products and Work-related Asthma
Hiring
- New Hires Directory – state law requires employers to report all new hires (and re-hired).
- Pay Equity Information – for businesses seeking contracts and doing business with state agencies.
- Medical Support Notice
- I-9 Forms
- Job Description Writer
Policies
- Social Media Policies – here is an example policy you can adapt for your business and information from the NLRB on Social Media Policies
- Breastfeeding Friendly Workplace Initiative – NM policies and practices concerning nursing mothers at your restaurant.
Employee Benefits
- Healthcare Portal – information on the 2010 health care law and how you can comply
- Medical Support Notice