Learn more about your rights as a worker and explore information about Senate Bill 85, the Fair Labor Standards Act.
FACT Sheets: A Concise and Informative Overview
- “Fact Sheet: Application of the Fair Labor Standards Act to Domestic Service, Final Rule“ from United States Department of Labor – Wage and Hour Division
- “Fact Sheet #17N: Nurses and the Part 541 Exemptions Under the Fair Labor Standards Act (FLSA)“ from United States Department of Labor – Wage and Hour Division
- “Fact Sheet #25: Home Health Care and the Companionship Services Exemption Under the Fair Labor Standards Act (FLSA)” from United States Department of Labor – Wage and Hour Division
- “Fact Sheet #44: Visits to Employers“ from United States Department of Labor – Wage and Hour Division
Additional Resources:
- “Executive Order –Fair Pay and Safe Workplaces“ from President Barack Obama
- “PHI Provides Guidance for New York State Officials to Successfully Implement the New Federal Home Care Rule, Effective Today“ from Paraprofessional Healthcare Institute(PHI) National
- “Minimum Wage” from United States Department of Labor – Wage and Hour Division
- “Paying Minimum Wage and Overtime to Home Care Workers” from United States Department of Labor – Wage and Hour Division
- “DOL Releases Guide to Home Care Sleep Time Wages” from PHI National
- “New Mexico Home Care Workers Classification” from National Employment Law Project, New Mexico Caregivers Coalition and New Mexico Center on Law and Poverty
- “Independent Contractor Classification in Home Care” from National Employment Law Project
- “Paying Minimum Wage and Overtime to Home Care Workers: A Guide for Consumers and their Families to the FLSA“ from United States Department of Labor – Wage and Hour Division
- “Myths About Misclassification” from United States Department of Labor – Wage and Hour Division
View New Mexico Caregivers Coalition Legislative Principles
If you have concerns about misclassification here are two important numbers for you to have:
Department of Workforce Solutions: 505-841-4400
Call the main number above and state that you believe you should be classified as an employee but are not. They will refer you to the Labor Relations department to report your concerns.
U.S. Department of Labor Wage and Hour Division: 505-248-6100
The number above has both English and Spanish options. Press 0 when prompted to speak to an actual person. The staff person who answers may be located in a different state but is from the NM regional office but all staff people answering will have knowledge on how to handle issues with misclassification.