To the extent consistent with the federal Fair Labor Standards Act of 1938 in order to maintain volunteer status, a volunteer firefighter may be paid a stipend by a public agency to perform the services for which the firefighter volunteered if:

1. A. the stipend represents only actual expenses, reasonable benefits or a nominal fee; and
2. B. the services are not the same type of services that the volunteer is employed to perform for the same public agency paying the stipend.

History: Laws 2013, ch. 80, § 1.

ANNOTATIONS

Cross references. — For the federal Fair Labor Standards Act of 1938, see 29 U.S.C. § 201 et seq.

Effective dates. — Laws 2013, ch. 80 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 14, 2013, 90 days after the adjournment of the legislature.