Over the past several weeks, New Mexico state officials sought legislation to reduce the time that dislocated workers spend on unemployment and to provide stability to local communities by requiring the state's largest employers to provide advance notice of worksite closings and mass layoffs.
With the support of New Mexico Governor Bill Richardson's office, House Bill No. 180 was introduced by state Representative Mimi Stewart on January 26, 2010. The bill would require large employers to provide 60 days notice of worksite closings and mass layoffs affecting 25 or more workers. The proposed law would also permit the state attorney general to bring suit on behalf of workers and/or communities against companies that fail to provide the required notice and would require the company to repay tax breaks and loans that it received from a state or local government as an incentive to continue operations at the facility. The bill capped allowable damages at double back pay to the workers for each of the 60 days that the employer is found in violation and provided modest civil penalties for violation of the Act. The bill did not enact any new taxes or exact new costs to employers.
On February 11, the House Judiciary Committee reported out an amended draft of the bill that passed the full House by a vote of 41-27. The bill then moved to the Senate for its consideration and was referred to the Senate Corporations and Transportation Committee. After significant lobbying, including reports of corporate lobbyists lining the back wall of the room while deliberating Committee members dined on barbecue provided by the lobbyists, the Senate Corporations Committee voted to table the bill. As a result the bill is unlikely to receive further consideration during this legislative session.
If passed in this or future sessions, the legislation would represent a significant move to divorce the state from the historical exploitation of employees that is found in too many locales of neighboring states and other regions of the country.
Residents of the Land of Enchantment are asked to contact Governor Bill Richardson's office and the office of Representative Mimi Stewart to express your appreciation for their efforts in support of this legislation and we at the Sugar Law Center will be honing our barbecuing skills in the months ahead.
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