- A. An employer who violates or fails to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and upon conviction for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978.
- B. A person who is convicted of a second or subsequent offense of violating or failing to comply with any provision of Sections 50-4-1 through 50-4-12 NMSA 1978 is guilty of a misdemeanor and shall be sentenced pursuant to Section 31-19-1 NMSA 1978 and shall be fined no less than two hundred fifty dollars ($250) and not more than one thousand dollars ($1,000) for each offense for which the person is convicted, which fine shall not be suspended, deferred or taken under advisement.
- C. Each occurrence of a violation for which a person is convicted is a separate offense. Multiple violations arising from transactions with the same person or multiple violations arising from transactions with different people shall be considered separate occurrences.
- D. In case the employer is a corporation, the fine provided in this section shall be assessed against the corporation as a penalty.
History: Laws 1937, ch. 109, § 11; 1941 Comp., § 57-311; 1953 Comp., § 59-3-11; 2005, ch. 257, § 8.
ANNOTATIONS
The 2005 amendment, effective June 17, 2005, provided in Subsection A that a person who violates or fails to comply with Sections 50-4-1 through 50-4-12 NMSA 1978 for a first offense shall be sentenced pursuant to Section 31-19-1 NMSA 1978; deleted the former provision, which specified the punishment for a violation of the act to be a fine of between $25 and $50 for each separate offense or imprisonment of between ten days and ninety days, or both; added Subsection B to provide the punishment of a second or subsequent offense of the act; and added Subsection C to provide that each violation is a separate offense and that multiple violations shall be considered separate occurrences.