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Current as of January 01, 2024 | Updated by Findlaw Staff
A. An employer who violates a provision of the Fair Pay for Women Act shall be liable to the affected employee for damages and equitable relief, including employment, reinstatement and promotion. Damages shall be calculated on the basis of:
(1) the affected employee's unpaid wages and the damages from retaliation;
(2) all other actual damages; and
(3) treble damages.
B. The court may, in its sound discretion, not award treble damages or award any amount thereof not to exceed the amount specified in this section if the employer shows to the satisfaction of the court that the act or omission giving rise to such action was in good faith and that the employer had reasonable grounds for believing that the employer's act or omission was not a violation of the Fair Pay for Women Act.
C. An employer who violates a provision of the Fair Pay for Women Act may also be liable to the employee for punitive damages.
D. Recovery of unpaid wages is limited to six years prior to the date of the last violation of the Fair Pay for Women Act.
Cite this article: FindLaw.com - New Mexico Statutes Chapter 28. Human Rights § 28-23-6. Enforcement; penalties; remedies - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-28-human-rights/nm-st-sect-28-23-6/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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