New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 1 - LABOR GENERAL PROVISIONS
Part 4 - WAGE AND HOUR AND EMPLOYMENT OF CHILDREN
Section 11.1.4.109 - DECISION OF THE LRD

Universal Citation: 11 NM Admin Code 11.1.4.109
Current through Register Vol. 35, No. 18, September 24, 2024

The LRD shall issue a written determination whenever a wage claim or investigation is not resolved through settlement. The LRD has discretion to render a written decision without conducting a hearing. The decision of the LRD shall be in writing and shall set forth the material facts upon which the decision is based, the specific statutes or regulations on which the decision is based, an explanation of the reasons supporting the decision, and a calculation of the damages. When the claim involves a violation of any provision of Section 50-4-22 NMSA1978, damages shall include the amount of the claimant's unpaid minimum wages plus interest, and an additional amount equal to twice the unpaid or underpaid wages. A copy of the decision shall be sent to each party, by the method of correspondence selected by the party, as soon as it has been entered, and a copy shall be kept in the file of the LRD regarding the claim. The parties will be given an additional opportunity to resolve the claim for an amount agreed to by the parties and acceptable to the wage claimant, prior to the claim being filed with a court of competent jurisdiction.

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