Compliance assurance measures available to the division include the following:

1. A. Investigations of alleged violations of the Healthy Workplaces Act upon complaints filed by individuals;
2. B. interviews of employers, their managers and employees and any other witness who may have relevant information;
3. C. requests for production of records and other information from employers;
4. D. administrative subpoenas for records and other information from employer, or for the taking of depositions from employers, their managers and other potential witnesses;
5. E. audits of employer records of the kind described in Section 50-17-9 NMSA 1978;
6. F. education and outreach efforts regarding the requirements of the Healthy Workplaces Act; and
7. G. directed Investigations: When the division has credible information about alleged violations of the Healthy Workplaces Act that affect multiple employees working for an employer, the director may, in their sole discretion, direct a comprehensive, workplace-wide investigation into the earned-sick-leave practices of that employer. All the investigatory and compliance tools available to the division by law can be used in a directed investigation into alleged violations of the Healthy Workplaces Act. If a directed investigation results in a finding of violations of the Act, the division may, in its sole discretion, file a civil action to enforce compliance with the Act, including payment of any earned sick leave payment owed, damages and attorney’s fees.

[11.1.6.9 NMAC – N, 07/01/2022]