Eight hours shall constitute a day's work in all cases of employment by and on behalf of the state or any county or municipality thereof.

ANNOTATIONS

Comparable provisions. — Arizona Const., art. XVIII, § 1.

Idaho Const., art. XIII, § 2.

Oklahoma Const., art. XXIII, § 1.

Utah Const., art. XVI, § 6.

Wyoming Const., art. XIX, § 2.

This section is not self-executing but is a declaration of principle or policy as to number of hours employees of the class named should work to be entitled to a day's wages. Jaramillo v. City of Albuquerque, 1958-NMSC-107, 64 N.M. 427, 329 P.2d 626.

Framers of New Mexico constitution literally transplanted Okla. Const., art. XXIII, § 1, to constitution of New Mexico with full knowledge that enabling legislation was necessary to its effectiveness. Jaramillo v. City of Albuquerque, 1958-NMSC-107, 64 N.M. 427, 329 P.2d 626.

No duty on officials. — Section is not self-executing, so there is no duty imposed upon municipal officials, the violation of which affords grounds for removal from office, or which will sustain a mandamus action in case it is not performed. 1932 Op. Att'y Gen. No. 32-352.

Intent of section. — This provision is intended to limit state, county and municipal employment to eight hours per day, although it is possible to construe it as a fixed minimum day. 1931 Op. Att'y Gen. No. 31-152.

Section applies only to persons employed and paid by the day. 1912 Op. Att'y Gen. No. 12-968.

Eight-hour day not required. — There is no specific requirement, either constitutional or statutory, that employees of state work an eight-hour day. 1967 Op. Att'y Gen. No. 67-89.

Working more than eight hours not prevented. — Notwithstanding this section, there is nothing to prevent employment of persons to work more than eight hours and to be paid whatever may be agreed upon. 1912 Op. Att'y Gen. No. 12-968.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor Relations § 3808 et seq.

51B C.J.S. Labor Relations § 1186 et seq.