WAGE CLAIM PROCEDURES STATUS OF YOUR CLAIM LEGAL ACTION
This office will assist most workers in We will make every reasonable effort to It may be necessary to take legal action collecting their unpaid wages. contact you as soon as possible to inform against an employer who refused to pay It will investigate and employer’s records to you of your progress. your earned wages.
verify a claim and demand payment if It is not necessary to call us unless you In that event, your case may be filed in the wages are owed. have additional information about your Magistrate or Metropolitan Courts or sent Wage claim services are free. claim. to the District Attorney’s Office in the
If you have been paid in the meantime, be county where the employee worked.
WHO MAY FILE A CLAIM? sure to let us know. You will then be notified of the court date. Any employee who cannot afford their own If you do not hear from us within 15 days You will be asked to testify on your behalf. attorney, and has not been paid his/her from the date you filed your claim, please As and alternative to the above procedure, earned wages may file a wage claim. check with us before 10:00 am weekdays you may have to file with Magistrate or Before a claim can be accepted, however, or write to our office. Metropolitan Court if you claim is an you must have made a recent demand for It is your responsibility to keep us informed amount within the guidelines of the court. payment from your employer. of any changes in your address and
WHAT HAPPENS AFTER LEGAL If the employer denies payment or does telephone number.
ACTION not pay as promised, you may then file a If we cannot locate you, we may have to
claim. close your claim. If the court decides in our favor, a Claims for workers under bargaining If wage claim form is not complete, it will judgment will be entered against the agreements may be accepted if the union be returned. employer. A judgment is a court document has exhausted all grievance procedures that says the employer owes you, the
HEARING and we receive a letter from the union claimant, so much money.
requesting our assistance. If we feel a meeting between you and the If after receiving a judgment an employer
employer will help settle your claim, we will refused to pay, then a Writ of Execution is
HOW TO FILE A CLAIM call an informal hearing. obtained and the Sheriff will attempt to To request assistance, the wage claim You will be requested to appear on the collect on the Writ.
form must be completed and submitted to date and time set.
HOW LONG WILL IT TAKE? the Wage and Hour Section of the Labor You may contact us the day before the
and Industrial Bureau. hearing for confirmation. We don’t know.
A claim should include any information Explanations from both sides will be If the employer refused to pay and is still in regarding hours worked and rate of pay examined, compared, and evaluated in business or has assets, we will use every promised to you. terms of the law, and hopefully, result in a means available under the law to try to Incomplete information will delay the settlement. collect you wages.
processing of the claim. If you fail to appear, the claim will be However, if the employer cannot be All claims must be signed by the claimant decided on the basis of available evidence located, has moved out of the state, is a (employee) and notarized by a Notary including that presented by the employer at defunct corporation, or if for other reasons Public. the hearing. your claim is uncollectible, you will be If you are under 18 years of age, your informed.
parent or legal guardian must also sign the
Check out the Department of Workforce Solutions website
for Valuable Information
www.dws.state.nm.us Click on “Wage & Hour”
If you feel that you need to speak to the Bill Richardson Administrator handling you claim, call the office where your claim was filed to Governor schedule an appointment.
WAGE AND HOUR Ken Ortiz SECTION Secretary
625 Silver Ave. SW Department of Workforce
Albuquerque, NM 87102 What you can do if you Solutions (505) 841-4400
do not receive you
wages. Francie Cordova P.O. Box 1708
Las Cruces, NM 88001 Director (575) 524-6195 Information on filing of wage claims (575) 524-6196 Fax Labor Relations Division under the Payment of Wages and other Labor Laws, Chapter 50 of the New 1596 Pacheco Street Mexico Statutes Annotated Santa Fe, NM 87505 (1978 compilation) (505) 827-6838 (505) 827-9676 Fax