New Mexico's governor recently signed a law mandating that, no later than July 1, 2014, employers subject to the state's Minimum Wage Act conspicuously display in their facilities a poster on human trafficking.[1] The new law requires that the poster include the following information in English, Spanish and any other written language where ten percent or more of the workers or users of a covered facility speak that language:

NOTICE ON HUMAN TRAFFICKING: OBTAINING FORCED LABOR OR SERVICES IS A CRIME UNDER NEW MEXICO AND FEDERAL LAW. IF YOU OR SOMEONE YOU KNOW IS A VICTIM OF THIS CRIME, CONTACT THE FOLLOWING: IN NEW MEXICO, CALL OR TEXT 505-GET-FREE (505-438-3733); OR CALL THE NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE TOLL-FREE AT 1-888-373-7888 FOR HELP. YOU MAY ALSO SEND THE TEXT "HELP" OR "INFO" TO BEFREE ("233733"). YOU MAY REMAIN ANONYMOUS, AND YOUR CALL OR TEXT IS CONFIDENTIAL.

Under the new law, the poster must be at least eight and one-half inches high and eleven inches wide, and the portions in English, Spanish, and any other language must be equal in size.

The new law also requires that the Director of the Labor Relations Division of the New Mexico Workforce Solutions Department post a version of the poster (and other information pertinent to the notice requirement) on its website.

New Mexico employers should monitor the Department's website for issuance of the new poster before July 1, 2014. Please contact your Proskauer relationship lawyer for further guidance on compliance with this new law.
[1] The new law also covers a person licensed pursuant to Sections 60-6A-2 through 60-6A-5 NMSA 1978, a health facility licensed pursuant to the Public Health Act, and a state or local government agency that manages a transportation facility, including a highway rest area.

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Authors of this alert:
Katharine H. Parker, Daniel L. Saperstein and Kelly Anne Targett.