>> FUNDING FOR NEW MEXICO IN FOCUS IS PROVIDED BY VIEWERS LIKE YOU.

>> Jeff: THIS WEEK ON NEW MEXICO IN FOCUS, SETTING THE FLOOR.

HOW MINIMUM WAGE RATES IMPACT WORKERS AND BUSINESSES, AND A DEEPER LOOK AT VIOLATIONS THAT COST NEW MEXICANS MORE THAN $100 MILLION TWO YEARS IN A ROW.

PLUS -- >> Holland: WE GET LEFT BEHIND SOMETIMES WHEN WE'RE RURAL.

WE'RE NOT A SWING STATE, WE'RE NOT REALLY A STATE IN PLAY, SO I THINK HER HAVING THAT ROLE, WE'RE PROUD.

I THINK IT'S EXCITING.

>> Jeff: NEW MEXICO GETS ITS TIME IN THE SPOTLIGHT AT THE DEMOCRATIC NATIONAL CONVENTION IN CHICAGO.

NEW MEXICO IN FOCUS STARTS NOW.

THANKS FOR JOINING US THIS WEEK, I'M EXECUTIVE PRODUCER JEFF PROCTOR.

FOR A STATE WITH JUST FIVE ELECTORAL VOTES, NEW MEXICO HAS FOUND ITSELF IN A HIGH CHAIR AT THE DNC THIS WEEK.

GOVERNOR MICHELLE LUJAN GRISHAM SCORED A PRIME-TIME SPEAKING SLOT ON TUESDAY NIGHT.

NOT LONG BEFORE PARTY HEAVY HITTERS LIKE MICHELLE AND BARACK OBAMA TOOK THE CONVENTION STAGE TO RALLY SUPPORT FOR VICE-PRESIDENT KAMALA HARRIS'S CAMPAIGN.

IN LESS THAN 15 MINUTES, WE'LL HEAR A LITTLE CHUNK OF LUJAN GRISHAM'S REMARKS FROM THE UNITED CENTER.

THEN, WE'LL TAKE YOU TO CHICAGO WHERE NEW MEXICO DELEGATE AND TEACHER'S UNION HEAD WHITNEY HOLLAND GIVES US AN INSIDE LOOK AT THE WORK BEING DONE IN THE MIDST OF THE DEMOCRAT'S FIRST IN-PERSON CELEBRATION IN EIGHT YEARS.

WE'LL SPEND THE MAJORITY OF THIS WEEK'S SHOW FOCUSED ON THE MINIMUM WAGE ACROSS NEW MEXICO.

MONDAY NIGHT, ALBUQUERQUE CITY COUNCILORS DECIDED TO HOLD OFF ON ANY CHANGES TO THE CURRENT ORDINANCE.

THAT'S AFTER SOME DISCUSSION AROUND A PROPOSAL TO MATCH THE STATE'S $12-AN-HOUR MINIMUM, AND THE SUBSEQUENT AMENDMENT TO CUT THE CITY'S TIPPED WAGE BY MORE THAN HALF TO THE STATEWIDE STANDARD OF $3 AN HOUR.

$3 PER HOUR FOR TIPPED WORKERS ARE THE MINIMUM REQUIREMENTS FOR EVERYONE IN THE STATE NOT LIVING IN A CITY WITH AN ORDINANCE OF ITS OWN.

IN ALBUQUERQUE, THE MINIMUM HOURLY RATE REMAINS $11.10, BUT THE STATE'S $12 RATE STILL TAKES EFFECT AS THE HIGHER WAGE.

ALBUQUERQUE'S MINIMUM TIPPED WAGE IS $7.20 PER HOUR, WHICH TRUMPS THE STATE'S $3 RATE.

IN LAS CRUCES, EMPLOYERS ARE REQUIRED TO PAY NO LESS THAN $12.36 PER HOUR.

AND $4.95 PER HOUR FOR TIPPED WORKERS.

THE CITY'S ORDINANCE TIES MINIMUM WAGE INCREASES TO INFLATION RATES AS MEASURED BY THE NATIONAL CONSUMER PRICE INDEX.

SANTA FE'S MINIMUM WAGE WORKS ABOUT THE SAME WAY, RISING EACH YEAR TO MATCH INFLATION.

RIGHT NOW, IT'S AT $14.60 PER HOUR AND $4.36 FOR TIPPED WORKERS.

OVER THE COURSE OF THE NEXT HOUR WE'LL EXPLAIN HOW MANY PEOPLE IN OUR STATE ARE EARNING THOSE WAGES, WHO THEY ARE, THE PROTECTIONS IN PLACE TO MAKE SURE THEY RECEIVE THE PAY THEY'VE EARNED, AND WHY SOME LOCAL GOVERNMENTS HAVE TAKEN THE INITIATIVE TO SET THEIR OWN RATES.

WE BEGIN WITH A CONVERSATION BETWEEN SENIOR PRODUCER LOU DiVIZIO AND SARITA NAIR, CABINET SECRETARY FOR NEW MEXICO'S DEPARTMENT OF WORKFORCE SOLUTIONS.

>> Lou: SECRETARY SARITA NAIR, THANK YOU SO MUCH FOR JOINING ME ON NEW MEXICO IN FOCUS.

>> Nair: THANKS FOR HAVING ME.

>> Lou: NOW, I JUST LAID OUT SOME OF THE NUTS AND BOLTS LEADING INTO THIS PIECE ON HOW MINIMUM WAGES WORK AROUND THE STATE AND IN CITIES LIKE ALBUQUERQUE THAT HAVE THEIR OWN ORDINANCES.

WITH YOU, I'D LIKE TO START WITH SOME HARD NUMBERS, OR SOME ESTIMATES.

HOW MANY WORKERS AROUND THE STATE RIGHT NOW EARN THE MINIMUM WAGE, AND HOW MANY OF THOSE ARE TIPPED WORKERS?

>> Nair: SO, WE DON'T KEEP THAT STATISTIC SPECIFICALLY, BUT ESTIMATES ARE THAT THERE ARE ABOUT 245,000 MINIMUM WAGE WORKERS ACROSS THE STATE.

AND THEN IF WE LOOK AT THE FOOD AND DRINK SERVICE POPULATION OF EMPLOYEES AS SORT OF A PROXY FOR TIPPED MINIMUM WAGE, THERE ARE ABOUT 74,000 OF THOSE FOLKS.

>> Lou: OKAY.

UNDERSTOOD.

AND ABOUT HOW MANY OF THOSE ARE IN ALBUQUERQUE?

>> Nair: ABOUT 34,000.

>> Lou: OKAY.

JUST RUN WITH ME WITH THIS HYPOTHETICAL FOR A SECOND, IF I'M A TIPPED EMPLOYEE WORKING IN ROSWELL, AND I CLOCK IN EIGHT-HOUR SHIFT, WE KNOW THE STATE MINIMUM WAGE IS $12 AN HOUR, THE TIPPED WAGE IS $3 AN HOUR, I'M MAKING A $3 AN HOUR TIPPED WAGE AND I EARN ONLY $20 IN TIPS FOR MY WHOLE EIGHT-HOUR SHIFT, WHAT HAPPENS THEN?

WHAT IS THE EMPLOYER REQUIRED TO DO, I GUESS I SHOULD ASK.

>> Nair: SO, THE EMPLOYER IS REQUIRED TO MAKE THE EMPLOYEE WHOLE UP TO THE STANDARD MINIMUM WAGE.

>> Lou: OKAY.

THAT WOULD BE, IN THAT CASE, THE $12 RATE, $96.

SO, THAT'S THE REQUIREMENT AND THAT'S BECAUSE OF STATEWIDE PROTECTIONS, CORRECT?

>> Nair: CORRECT.

>> Lou: OKAY.

SO, WE READ STORIES AND LAWSUITS RELATED TO WAGE THEFT ALL THE TIME.

I'M WONDERING HOW WIDESPREAD DO YOU BELIEVE THAT PROBLEM IS IN OUR STATE?

>> Nair: SO, LAST YEAR WE SAW A HUGE, DRAMATIC INCREASE IN THE NUMBER OF WAGE NETWORK CLAIMS.

NOW, SOME OF THOSE ARE RELATED TO MINIMUM WAGE.

SOME OF THEM ARE RELATED TO OVERTIME.

SO, THEY CROSS A VARIETY OF DIFFERENT SCENARIOS WHERE PEOPLE AREN'T GETTING PAID WHAT THEY SHOULD BE GETTING PAID.

BUT ALREADY TO DATE, SINCE JULY 1st OF 2024, WE HAVE RECEIVED 1,504 CASES.

AND WE HAVE COLLECTED ABOUT $544,000 IN WAGES FOR THOSE INDIVIDUALS.

SO, IF THAT GIVES YOU A SENSE OF EVERY COUPLE MONTHS, THAT'S THE LEVEL OF CLAIMS THAT WE'RE SEEING RIGHT NOW.

>> Lou: CERTAINLY.

IS THERE ANY REASON THAT YOU CAN SEE WHY THESE CLAIMS HAVE BEEN SPIKING IN THE LAST LITTLE WHILE?

>> Nair: WELL, WAVE BEEN DOING A LOT MORE OUTREACH AND AWARENESS SO THAT PEOPLE UNDERSTAND THAT THEY DO HAVE THOSE RIGHTS.

AND I THINK MAYBE FIVE YEARS AGO THE DEPARTMENT CHANGED SOME OF THE THEIR PRACTICES TO BE MORE FRIENDLY TO THE WORKERS, SO THAT PEOPLE WITH ANY SIZE OF CLAIM WERE CERTAIN TO BE ABLE TO FILE A CLAIM.

BUT ALSO, I THINK IT'S JUST A RAPIDLY CHANGING ENVIRONMENT, SO THE MINIMUM WAGE WENT UP AGAIN IN JANUARY 1st, 2023, SO YOU KNOW EMPLOYERS SOMETIMES STRUGGLE TO KEEP UP WITH THOSE CHANGES, SO WE MIGHT BE SEEING SOME OF THAT AS WELL.

>> Lou: OKAY.

WHAT WOULD YOU SAY THE MAJORITY OF THE VIOLATIONS YOU SEE ARE RELATED TO?

IS IT JUST EMPLOYERS NOT REALIZING CHANGES IN WAGES?

OR ARE THERE OTHER MORE MALICIOUS ACTIVITIES GOING ON THAT YOU'RE AWARE OF?

>> Nair: WE SEE A LOT OF EMPLOYERS JUST AGREE TO PAY THE AMOUNT OWED.

SO THAT SUGGESTS THAT THEY EITHER DID IT INADVERTENTLY, OR, YOU KNOW, THEY REALIZE THAT THAT'S THE AMOUNT THAT WAS OWED.

MAYBE THEY HAD AN ISSUE IN THEIR ACCOUNTING SYSTEM.

WE DO SEE OCCASIONALLY THOSE OFFENDERS WHO IT SEEMS LIKE THEY WERE DOING SOMETHING INTENTIONAL, BUT FOR THE MOST PART THESE CLAIMS THE EMPLOYER TAKES RESPONSIBILITY.

>> Lou: OKAY.

YOU MENTIONED OUTREACH AND SPREADING AWARENESS OF PROTECTIONS, BUT FOR OUR VIEWERS, WHAT ARE THE STATEWIDE PROTECTIONS IN PLACE TO MAKE SURE WORKERS ARE ACTUALLY GOING HOME WITH THE TIPS THEY EARN DURING THEIR SHIFTS?

>> Nair: FOR ANY WORKER THAT DOESN'T THINK THEY'RE BEING PAID FAIRLY, WHETHER THAT HAS TO DO WITH THE AMOUNT OF THE WAGE, OR OVERTIME, OR TIP POOLING, ALL THOSE KINDS OF THINGS, THEY CAN FILE A CLAIM.

THE INFORMATION IS ON THE WORKFORCE SOLUTIONS WEBSITE.

AND WE WILL INVESTIGATE THAT CLAIM.

GIVEN THE VOLUME OF CLAIMS WE HAVE RIGHT NOW, SOMETIMES THAT DOES TAKE A FEW MONTHS.

BUT WE CAN RECOVER BOTH THE MINIMUM WAGE THAT THEY SHOULD HAVE BEEN PAID AS WELL AS PEOPLE WHO VIOLATE THE MINIMUM WAGE OR OVERTIME ORDINANCE ARE REQUIRED TO PAY IMPACTED EMPLOYEES THE FULL AMOUNT OF THE UNDERPAID WAGES PLUS INTEREST PLUS AN ADDITIONAL AMOUNT EQUAL TO TWICE THE UNDERPAID WAGES.

SO, THERE'S A LOT OF MOTIVATION FOR EMPLOYERS TO TRY TO GET IT RIGHT.

>> Lou: OKAY.

CAN THOSE PROTECTIONS CHANGE LOCALLY LIKE WAGES ALSO CAN?

>> Nair: IF LOCAL GOVERNMENTS WANTED TO INSTITUTE SEPARATE TYPES OF VIOLATIONS AND ENFORCE THOSE VIOLATIONS, I THINK THEORETICALLY THEY COULD.

>> Lou: OKAY.

NOW, THE INCENTIVES FOR BUSINESSES TO SUPPORT LOWER MINIMUM WAGE RATES MIGHT SEEM OBVIOUS, BUT WHAT REASON WOULD A LOCAL GOVERNMENT HAVE FOR LOWERING THAT RATE?

ARE THERE ADVANTAGES FOR CITIES TO DO SO?

>> Nair: I THINK THERE'S A LOT OF DIFFERING OPINIONS ABOUT HOW WAGES ARE IMPACTING THE CURRENT LABOR MARKET.

SO, WE DO STILL HAVE AN INVERTED LABOR MARKET, MEANING THAT THERE ARE MANY MORE JOBS AVAILABLE THAN PEOPLE LOOKING FOR WORK.

AND IN THAT ENVIRONMENT A LOT OF EMPLOYERS FEEL SQUEEZED, AND ONE OF THE WAYS THEY FEEL SQUEEZED IS BY MAYBE THINKING THAT THERE'S A LOT OF WAGE INFLATION GOING ON.

SO, THAT MIGHT BE THE MOTIVATION FOR SOME FOLKS WANTING TO LOOK DIFFERENTLY AT THE TIPPED WAGE, BUT YOU KNOW WE DO BELIEVE THAT WHATEVER THAT IS ESTABLISHED AS LONG AS IT IS EQUAL TO OR GREATER THAN THE STATE LEVELS, WE WILL ENFORCE IT.

>> Lou: OKAY.

WITH THERE BEING MORE OPEN POSITIONS, HOW WOULD LOWERING WAGES HELP FILL THOSE POSITIONS?

I GUESS THERE'S A DISCONNECT FOR ME THERE.

>> Nair: YEAH, I THINK IT'S A PERCEPTION THAT WAGE INFLATION HAS KIND OF CREATED A SITUATION WHERE PEOPLE BOUNCE AROUND TO A LOT OF DIFFERENT WORK.

SO, WHEN YOU HAVE THE FLOOR AT $7 AS OPPOSED TO $3, AGAIN, A PERCEPTION THAT IF THAT FLOOR WAS LOWER THEN THE WAGE INFLATION WOULDN'T BE SUCH A BIG HIT ON THE RESTAURANT AND SERVICE INDUSTRIES.

NOW, IS THAT TRUE AND ARE THE COSTS OF PAYING LESS GREATER THAN THE BENEFITS ARE DIFFERENT QUESTIONS.

>> Lou: OKAY.

IN ALBUQUERQUE RIGHT NOW THAT TIPPED MINIMUM WAGE IS AT $7.20, LIKE YOU MENTIONED.

STATEWIDE IT'S $3.

HOW WOULD LOWERING AN ESTABLISHED MINIMUM WAGE RATE LIKE THAT $7.20 DOWN TO $3 IMPACT THE BROADER WORKFORCE IN A CITY LIKE ALBUQUERQUE?

>> Nair: WELL, YOU MIGHT SEE MORE PEOPLE LEAVING THE SERVICE INDUSTRIES TO GO TO OTHER INDUSTRIES THAT PAY COMPARABLY, BUT HAVE EITHER THE SAME BUT FIXED WAGES.

YOU KNOW, LESS DEPENDENT ON TIPS.

SO, YOU MIGHT SEE -- WE SAW LOT OF PEOPLE EXIT THE FOOD SERVICE INDUSTRIES TO JOIN THE CANNABIS WORKFORCE.

YOU MIGHT SEE MORE OF THAT.

AND YOU MIGHT SEE OTHER PEOPLE -- YOU KNOW, MORE PEOPLE LEAVING FOR EVEN OTHER MINIMUM WAGE JOBS IN RETAIL, OR OTHER TYPES OF TOURISM, BECAUSE THEY NO LONGER ARE GETTING THAT HIGHER WAGE IN FOOD SERVICE.

>> Lou: STICKING WITH THOSE LOCAL ORDINANCES FOR A MINUTE, WHY ARE THEY NECESSARY?

ARE THEY SIMPLY THE RESULT OF THE LOCAL GOVERNMENT'S DESIRE TO HAVE WORKERS IN THEIR CITY EARN HIGHER WAGES THAN THEY WOULD OTHERWISE, OR ARE THERE ECONOMIC NECESSITIES IN CITIES LIKE ALBUQUERQUE, SANTA FE, AND LAS CRUCES THAT DON'T EXIST IN OTHER PARTS OF THE STATE?

>> Nair: I THINK IT IS THE LATTER.

I THINK THE GOVERNING BODIES OF THOSE LOCAL GOVERNMENTS HAVE LOOKED AT THE COST OF LIVING IN THEIR CITIES AND DETERMINED THAT THEY NEED A LITTLE BIT OF A HIGHER MINIMUM WAGE IN ORDER TO SUSTAIN THOSE WORKERS IN THOSE ENVIRONMENTS.

>> Lou: NOW, FROM YOUR PERSPECTIVE, DOES THE HIGHER LOCAL MINIMUM WAGE AFFECT ATTRACTING NEW BUSINESSES TO THOSE LOCAL MUNICIPALITIES, IF THERE'S A HIGHER WAGE IN A PLACE LIKE ALBUQUERQUE?

>> Nair: I HAVEN'T SEEN THAT VERY FREQUENTLY BECAUSE THE TYPES OF BUSINESSES THAT TEND TO BE LOOKING COMPETITIVELY AT WHERE TO SITE ARE NOT HISTORICALLY HIGH EMPLOYERS OF MINIMUM-WAGE WORKERS.

SO, IF YOU'RE TRYING TO GET A MAXEON SOLAR, FOR EXAMPLE, TRYING TO DECIDE WHERE TO SITE FROM OUT OF STATE, YOU'RE NOT LOOKING AT A LOT OF MINIMUM-WAGE JOBS.

SO, THAT'S NOT REALLY AFFECTING THEIR DECISION.

>> Lou: OKAY.

IN TERMS OF, SAY, DOWNTOWN ALBUQUERQUE WHERE THERE ARE A LOT OF EMPTY STOREFRONTS, IS THERE AN ARGUMENT THAT HAVING A LOWER MINIMUM WAGE RATE MIGHT ATTRACT MORE SERVICE RESTAURANTS, BARS, THINGS LIKE THAT TO THAT AREA?

>> Nair: THERE'S NO DATA TO SUGGEST THAT THAT'S TRUE.

>> Lou: OKAY.

NOW, THE CURRENT STATEWIDE RATE OF $12 AN OUR, $3 AN HOUR FOR TIPPED WORKERS WAS THROUGH 2019 LEGISLATION.

THEY GRADUALLY RAISED THE WAGE OVER SEVERAL YEARS.

BUT THE $12 FIGURE, THAT'S THE LAST STEP.

IS THE ADMINISTRATION INVOLVED IN ANY LEGISLATIVE DISCUSSIONS ABOUT ADJUSTING THAT RATE AS SOON AS EVEN NEXT SESSION?

>> Nair: WE AT WORKFORCE SOLUTIONS HAVE NOT BEEN INVOLVED IN THOSE CONVERSATIONS.

IN THE 2023 LEGISLATIVE SESSIONS WE SAW TWO BILLS.

ONE THAT WOULD JUST DO ANOTHER SET OF INCREASES FIXED, AND ANOTHER BILL THAT WOULD HAVE INDEXED, MUCH LIKE THE CITY OF ALBUQUERQUE BILL, WOULD HAVE INDEXED TO A COST OF LIVING TYPE OF INCREASE.

SO, I WOULD EXPECT THAT WE WOULD SEE THOSE BILLS AGAIN.

AND GOVERNOR LUJAN GRISHAM IS A STALWART ADVOCATE FOR WORKERS' RIGHTS, SO WE WOULD JUST NEED TO SEE WHAT THOSE BILLS LOOK LIKE TO UNDERSTAND WHERE THE ADMINISTRATION STOOD.

>> Lou: JUST HYPOTHETICALLY, HOW WOULD A BILL THAT'S TIED TO COST OF LIVING -- HOW WOULD THAT WORK ON THE STATEWIDE LEVEL AS OPPOSED TO AT THE LOCAL LEVEL WITH THOSE ORDINANCES WHERE THERE ARE VERY DIFFERENT COST OF LIVINGS BETWEEN ALBUQUERQUE OR A PLACE LIKE CLOVIS?

COULD THAT WORK ON A STATEWIDE LEVEL?

>> Nair: IT COULD WORK ADMINISTRATIVELY.

WE WOULD JUST NEED TO DO SIMILAR TO THE WAY THAT WE ESTABLISHED UNEMPLOYMENT TAX RATES OR WE ESTABLISHED PREVAILING WAGES IN THE CONSTRUCTION INDUSTRIES.

WE WOULD HAVE TO DO AN ANNUAL PROCESS OF LOOKING AT THE CONSUMER PRICE INDEX OR WHATEVER WAS THE CONNECTED METRIC AND PROBABLY GO THROUGH THE RULEMAKING PROCESS TO ESTABLISH THAT NEW RULE, THE NEW WAGE, SO THERE'S TRANSPARENCY AND AN OPPORTUNITY TO FOR PUBLIC COMMENT, AND THEN MAKE THAT AVAILABLE FAR ENOUGH IN ADVANCE OF THE NEW CALENDAR YEAR THAT EMPLOYERS COULD GET READY FOR IT.

>> Lou: SECRETARY NAIR, THANK YOU SO MUCH FOR JOINING ME ON NEW MEXICO IN FOCUS.

>> Nair: THANK YOU.

>> Jeff: THANKS TO SECRETARY NAIR FOR MAKING THE TIME TO SPEAK WITH US.

NOW, ONE QUICK POINT OF CLARIFICATION FROM LOU'S INTERVIEW.

STATEWIDE PROTECTIONS REQUIRE AN EMPLOYER TO MAKE UP THE DIFFERENCE BETWEEN A TIPPED EMPLOYEE'S WAGES PLUS TIPS.

NOW STAY WITH ME FOR AN EXAMPLE.

BECAUSE THE STATEWIDE RATE SITS AT $12 AN HOUR, IF A TIPPED WORKER EARNED 20 BUCKS IN TIPS WHILE WORKING EIGHT HOURS AT A $3-AN-HOUR RATE, THE EMPLOYER HAS TO PAY THAT WORKER AN EXTRA $52 FOR THAT SHIFT TO GET THE EMPLOYEE UP TO THE $12-AN-HOUR MARK.

OR $96 FOR THAT EIGHT-HOUR SHIFT.

AN EMPLOYER CAN NEVER KEEP TIPS.

THAT'S CALLED WAGE THEFT.

AND WE'RE GOING TO TALK A BUNCH ABOUT THAT A LITTLE LATER IN THE SHOW.

>> Diaz: MAJORITY OF FOLKS WHO WORK IN THE LEAST PAID AND THE HARDEST AND MOST DANGEROUS JOBS, 12 TO 16 HOURS A DAY, ARE IMMIGRANT WORKERS.

SO THAT -- IT'S REALLY TOUGH ON THEIR FAMILIES.

AND IN PLACES LIKE SANTA FE OR ALBUQUERQUE OR LAS CRUCES REALLY, IMMIGRANTS ARE A KEY PART OF THE TOURISM ECONOMY, SERVICE INDUSTRY, CONSTRUCTION.

REALLY, TRULY SUPPORTING SO MANY KEY ASPECTS OF OUR ECONOMY.

>> Jeff: RIGHT NOW, WE'RE GOING TO SHIFT OUR ATTENTION TO CHICAGO AND THE DEMOCRATIC NATIONAL CONVENTION.

THAT'S WHERE DELEGATES GATHERED FOR THE FIRST TIME TO SHARE THEIR SUPPORT FOR VICE PRESIDENT KAMALA HARRIS AND RUNNING MATE TIM WALZ AT THE TOP OF THE PARTY'S 2024 PRESIDENTIAL TICKET.

ONE OF THOSE DELEGATES IS NEW MEXICO GOVERNOR MICHELLE LUJAN GRISHAM, WHO HAS A LONG-STANDING RELATIONSHIP WITH HARRIS.

THE VP OFFICIATED LUJAN GRISHAM'S WEDDING BACK IN 2022.

THE NEW MEXICO GOVERNOR WOUND UP WITH A PRIME TIME SPEAKING SPOT AT THE CONVENTION EARLIER THIS WEEK.

OUR GOVERNOR TOOK THE STAGE TUESDAY NIGHT FOR A SHORT SPEECH ABOUT HEALTH CARE.

CASTING FORMER PRESIDENT DONALD TRUMP AS A THREAT TO THE AFFORDABLE CARE ACT, AND REPRODUCTIVE CARE.

WHILE MANY EXPECTED LUJAN GRISHAM TO LEAN INTO A THEME OF ABORTION RIGHTS, SHE TOUCHED THAT HOT BUTTON ONLY IN PASSING OF HER ENDORSEMENT OF HARRIS.

>> Governor: KAMALA HARRIS WILL PROTECT YOUR RIGHT TO CARE.

SHE'LL CAP DRUG COSTS, SHE'LL GO AFTER CORPORATE PRICE GOUGERS, AND ENSURE EVERY WOMAN WHO NEEDS IT CAN ACCESS REPRODUCTIVE HEALTH CARE.

>> Jeff: THE GOVERNOR WAS, OF COURSE, JUST ONE OF NEARLY FOUR DOZEN DELEGATES REPRESENTING NEW MEXICO AT THE DNC.

ANOTHER IS WHITNEY HOLLAND, PRESIDENT OF NEW MEXICO'S CHAPTER OF THE AMERICAN FEDERATION OF TEACHERS AND A LONGTIME EDUCATOR HERSELF.

KUNM'S NASH JONES CAUGHT UP WITH HOLLAND BY ZOOM ON WEDNESDAY FOR AN AT WHAT HAPPENED INSIDE THE CONVENTION HALL THIS WEEK, AND SOME PERSPECTIVE ON HOW THE PARTY PLATFORM COULD IMPACT NEW MEXICANS.

>> Nash: SO, IN MOST YEARS, ESSENTIAL ROLE DELEGATES AT THE CONVENTION IS TO SELECT THE PRESIDENTIAL NOMINEE.

BESIDES THAT CEREMONIAL ROLL CALL YOU ALL DID THAT WAS STACKED WITH BILLBOARD HITS, YOU OFFICIALLY NOMINATED VICE PRESIDENT KAMALA HARRIS THROUGH A VIRTUAL ROLL CALL EARLIER THIS MONTH.

SO WHAT LEFT FOR YOU ALL TO DO?

>> Holland: GREAT QUESTION.

YOU'RE CORRECT, EARLIER THIS MONTH WE COMPLETED -- IT WAS ESSENTIALLY A GOOGLE FORM TO DO OUR NOMINATION.

AND THEN YESTERDAY, CHAIRWOMAN VELASQUEZ GOT UP AND READ OUR VOTE AND KIND OF SET HERE'S WHERE NEW MEXICO LANDS ON THIS ISSUE.

REALLY, LIKE THE MORE FORMALIZED PART OF THAT PROCESS.

AND A LITTLE BIT OF A CELEBRATION TOO, SAYING HERE'S A BRIEF TWO-MINUTE BLURB ABOUT WHAT NEW MEXICO IS ALL ABOUT.

>> Nash: WHAT ARE THE OTHER ROLES OF DELEGATES WHILE YOU'RE THERE AT THE CONVENTION?

>> Holland: YEAH, SO ACTUALLY TODAY I WANT TO A LABOR COUNCIL MEETING.

THAT WAS LIKE-MINDED.

PEOPLE WHO BELONG TO LABOR MOVEMENT LIKE MYSELF GOT TOGETHER AND WE HEARD FROM SPEAKERS AND ABOUT OUR ISSUES AND WHAT THEY PARTY PLATFORM IS GOING AROUND THOSE ISSUES.

>> Nash: AND ARE YOU ABLE TO HAVE YOUR VOICE HEARD THROUGH THOSE FORUMS AND THE LIKE?

>> Holland: YEAH.

THAT'S A GREAT QUESTION.

I ALWAYS FEEL LIKE NOT AS MUCH AS I WOULD PERSONALLY LIKE, BUT THERE'S AN OPPORTUNITY USUALLY FOR QUESTIONS OR ANSWERS USUALLY TOWARD THE END OF THAT PROCESS.

>> Nash: AND ARE YOU ABLE TO THEN ELEVATE YOUR INPUT, OR THE INPUT OF A CAUCUS TO THE LEVEL OF THE PARTY PLATFORM?

>> Holland: TODAY, A LITTLE LESS SO.

TODAY WAS A LITTLE MORE ABOUT LIKE SPEAKERS.

WE HAD SENATOR BERNIE SANDERS WHO CAME IN AND TALKED TO LABOR COUNCIL.

I THINK EARLIER IN THE WEEK OUR MONDAY MEETING WAS A LITTLE MORE LET'S HAVE MORE DIALOGUE.

TODAY WAS MORE LIKE LET'S DO THE ROLL THROUGH OF GUESTS THAT CAME THROUGH.

>> Nash: OKAY.

I GUESS I'M TRYING TO KIND OF UNDERSTAND HOW THE PARTY PLATFORM COMES TOGETHER.

>> Holland: YES.

AND SO THAT EXACT THING IS I THINK THROUGH THIS MECHANISM.

EARLIER IN THE WEEK WE KIND OF DID THAT.

WE'RE SHIFTING GEARS NOW A LITTLE BIT TOWARD THE BIGGER SPEAKERS, THE MORE PERFORMATIVE CELEBRATION ELEMENT.

THE WORK WAS DONE EARLIER IN THE WEEK.

SO, THAT WAS WHEN WE HAVE THOSE DISCUSSIONS.

I'VE ONLY GONE TO THE LABOR COUNCIL MEETINGS, BUT I'VE HAD COLLEAGUES -- I'M SORRY -- WHO GO TO THE LGBTQ ONE, OR WE HAD SOMEONE AT WOMEN'S RIGHTS, AND THEY'RE DOING THAT DIG INTO THE ACTUAL POLICY AND PLATFORM.

>> Nash: OKAY.

THROUGHOUT THE WEEK WHILE YOU'VE BEEN IN CHICAGO PRO-PALESTINIAN PROTESTS HAVE TAKEN PLACE OUTSIDE OF THE CONVENTION WHICH HAS FACED POLICE IN RIOT GEAR, SEVERAL ARRESTS.

YOU ARE PART OF THE DELEGATE BLOCK THAT IS ADVOCATING FOR CEASEFIRE IN GAZA.

WHAT HAVE THOSE CALLS LOOKED LIKE INSIDE THE CONVENTION HALL?

>> Holland: YEAH.

IT'S BEEN A LITTLE BIT OF A DIFFERENT -- OUTSIDE YOU'RE CORRECT.

OUR BUS, OUR SHUTTLE BUS ON MONDAY, WE WERE STUCK ON THE BUS FOR ALMOST TWO HOURS BECAUSE OF THE PROTEST.

MY UNDERSTANDING BASED ON SOME OF THE COMMUNICATION WE'VE HAD AMONG OUR DELEGATE BLOCK IS THERE'S LIKE THE APPROVED SANCTIONED GROUP OF ACTIVITIES, AND SOME OF THOSE WERE NOT THE ACTIVITY OF THE DELEGATE BLOCK.

I'M SURE THERE'S SOME OVERLAP IN THAT.

I THINK THERE'S TWO STREAMS OF ACTIVIST WORK GOING ON RIGHT NOW.

INSIDE THE BUILDING, INSIDE THE CAUCUS MEETINGS, THERE'S BEEN SOME DISRUPTIONS.

THERE'S BEEN SOME OF THOSE INTERRUPTIONS AS FAR AS LIKE SPEAKERS, AND HAVING SIGNS OR DEMONSTRATIONS.

BUT FOR THE MOST PART, IT'S IN SUPER RESPECTFUL.

I THINK ACROSS THE BOARD AN UNDERSTANDING AND SHARED BELIEFS.

I THINK THEY'RE DOING A REALLY GOOD JOB OF NAVIGATING THAT AND BEING RESPECTFUL OF THAT.

WE'VE GOTTEN BUTTONS AND FLIERS TO PASS OUT.

ULTIMATELY, THINGS INSIDE THE PROCESS ARE MOVING SMOOTHLY AND I THINK THERE'S ROOM FOR DIFFERENT PERSPECTIVES ON THAT ISSUE.

>> Nash: AND THERE'S ROOM NOT JUST FOR PROTESTER VOICES BUT DELEGATE VOICES AS WELL, LIKE YOUR OWN?

>> Holland: YES, I BELIEVE SO.

YES.

WHAT I'VE SEEN SO FAR.

>> Nash: DO YOU BELIEVE A CEASEFIRE IN GAZA WILL BECOME PART OF THE OFFICIAL DEMOCRATIC PARTY PLATFORM?

>> Holland: THAT PART I'M NOT SURE OF JUST YET.

I THINK THERE'S STILL A LOT OF HESITANCY AT THE HIGHER LEVELS OF THE PARTY, BUT I THINK MAKING PROGRESS.

THERE'S GOOD CONVERSATIONS HAPPENING.

I THINK WE'RE ON OUR WAY.

I THINK EVEN THE FACT THAT YESTERDAY DURING THE ACTUAL CONVENTION THEY WERE SAYING THE WORD CEASEFIRE IN GAZA IN A WAY THAT I DON'T THINK WE'VE HEARD BEFORE.

SO THERE IS MOVEMENT.

WHETHER IT'S ENOUGH I THINK WILL BE DETERMINED.

BUT I THINK THERE IS PROGRESS.

>> Nash: EVEN PRESIDENT BIDEN MENTIONED IT IN HIS ADDRESS TO THE DNC.

>> Holland: YES.

CORRECT.

AGAIN, NOT AS MUCH I WOULD HAVE HOPED TO SEE.

BUT FOR HIM THAT'S MOVEMENT.

I ALWAYS SAY PROGRESS NOT PERFECTION.

SO WE'RE MAKING PROGRESS.

>> Nash: THAT'S RIGHT.

WELL, YOU MENTIONED YOU'RE ALSO A LABOR ORGANIZER AND A FORMER EDUCATOR, HOW DO THOSE IDENTITIES, THOSE EXPERIENCES PLAY INTO WHAT YOU'RE ADVOCATING FOR?

>> Holland: YEAH, SO I THINK, AGAIN IT COMES TO THOSE CONVERSATIONS.

OUR -- I'M TRYING TO GET MY NEW MEXICO DELEGATION ON BOARD WITH LABOR.

WE HAVE A PRETTY DECENT LABOR PRESENCE.

AFC NEW MEXICO IN PARTICULAR HAS REALLY SHOWN UP.

BUT HAVING CONVERSATIONS ABOUT WHAT THAT MEANS AND WHAT THAT LOOKS LIKE, ESPECIALLY THE EDUCATION PIECE, EVERYONE KNOWS A TEACHER, EVERYONE HAS A RELATIVE THAT'S A TEACHER, IT SEEMS LIKE.

SO REALLY SAYING WHAT'S HAPPENING IN CLASSROOMS TODAY IS WHAT HAPPENED IN CLASSROOMS.

LIKE THERE ARE COMMON ISSUES ACROSS GENERATIONS, SO GETTING THE SHARED UNDERSTANDING, LIKE A LOT OF THAT HAS BEEN HAPPENING.

>> Nash: OKAY.

IN ADDITION TO SOME OF THESE SUBSTANTIVE POLICY DEBATES THAT HAVE BEEN TAKING PLACE AT THE CONVENTION, IT'S ALSO AN EVENT THAT IS FULL OF PRIME TIME SPEECHES.

>> Holland: IS IT EVER.

>> Nash: YEAH.

AND YOUR OWN FELLOW DELEGATE, GOVERNOR MICHELLE LUJAN GRISHAM, WAS AMONG THOSE SPEECHES.

HER ADDRESS ON HEALTH CARE WAS FAIRLY BRIEF.

IT WAS FAIRLY BROAD.

WHAT DID YOU THINK OF IT?

AND DO YOU THINK IT REPRESENTED NEW MEXICO ON THE NATIONAL STAGE?

>> Holland: YEAH, ABSOLUTELY.

I THINK EVEN THOUGH IT WAS BRIEF, IT'S INCREDIBLE TO ME THAT NEW MEXICO GETS THAT PLATFORM.

WE SEE SOME OF THESE OTHER LARGER DELEGATES UPLIFTED.

WE WERE JOKING INTERNALLY THAT OUR SEATING IS A LITTLE FURTHER UP IN THE STADIUM.

YOU KNOW, WE GET LEFT BEHIND SOMETIMES.

WE'RE MORE RURAL.

WE'RE NOT A SWING STATE.

WE'RE NOT REALLY A STATE IN PLAY.

SO, I THINK HER HAVING THAT ROLE, WE'RE PROUD.

I MEAN, IT'S EXCITING.

AND I THINK SHE REALLY CAPTURED NOT JUST NEW MEXICAN'S CONCERNS, BUT ACROSS THE COUNTRY, CONCERNS ON WHAT HAPPENS.

ELECTIONS HAVE CONSEQUENCES, SO WHAT'S GOING TO HAPPEN BASED ON THE ELECTION TURNOUT.

>> Nash: WELL, SPEAKING OF WHAT'S GOING TO HAPPEN, WHAT'S GOING TO HAPPEN FOR YOU ALL AS THE CONVENTION CLOSES OUT?

WHAT'S NEXT FOR THE DELEGATION AND THE NEW MEXICO DEMOCRATIC PARTY?

>> Holland: I THINK OUR DELEGATION ACROSS THE BOARD IS GOING TO GO HOME AND GET A TON OF SLEEP.

WE'RE GOING LATE INTO THE NIGHT.

AND WE HAVE 7:30 BREAKFAST.

I NEED TO RECOVER.

AND I THINK BASED ON THE CONVERSATIONS WE'VE HAD, AND THE FEEDBACK, AND WE'RE HEARING FROM ACROSS THE COUNTRY WHAT OTHER STATES ARE DOING.

WHAT OTHER EVEN THESE MORE LIKE SPECIFIC GROUPS LIKE POPULATIONS LIKE UNIONISTS, EDUCATORS, WHAT THEY'RE DOING, I THINK THAT WILL KIND OF BE WOVEN IN THROUGH OUR PARTY AS WE MOVE FORWARD.

>> Nash: OKAY.

WHITNEY HOLLAND, NEW MEXICO CONVENTION DELEGATE FOR THE DEMOCRATIC NATIONAL CONVENTION, THANKS SO MUCH FOR JOINING US AND GIVING US A LITTLE BIT OF AN INSIDE LOOK AT WHAT'S GOING ON IN CHICAGO.

>> Holland: ABSOLUTELY.

YES, THANK YOU SO MUCH.

>> Jeff: THANKS TO KUNM'S NASH JONES AND TO NEW MEXICO DELEGATE WHITNEY HOLLAND.

NOW, LET'S GET BACK TO THE MINIMUM WAGE AND ITS IMPACT AROUND OUR STATE.

WHEN ALBUQUERQUE CITY COUNCILOR RENÉE GROUT FIRST INTRODUCED AN AMENDMENT TO THE MINIMUM WAGE MODERNIZATION PROPOSAL EARLIER THIS MONTH, SHE SAID COUNCIL NEEDED TO BE, QUOTE, "BE BUSINESS-FRIENDLY," END QUOTE.

GROUT'S CHANGE WOULD HAVE LOWERED THE CITY'S TIPPED MINIMUM WAGE FROM $7.20 AN HOUR TO THE STATEWIDE RATE OF THREE BUCKS AN HOUR.

TO GET AN IDEA OF HOW THOSE RATES IMPACT BUSINESSES THAT RELY ON MINIMUM WAGE WORKERS, LOU DiVIZIO SAT DOWN WITH CAROL WIGHT, CEO OF THE NEW MEXICO RESTAURANT ASSOCIATION.

>> Lou: CAROL WIGHT, CEO OF THE NEW MEXICO RESTAURANT ASSOCIATION THANK YOU FOR JOINING ME ON NEW MEXICO IN FOCUS >> Wight: MY PLEASURE.

>> Lou: I JUST WANT TO START, COULD YOU EXPLAIN THE ROLE OF YOUR ORGANIZATION?

WHO DO YOU REPRESENT, AND WHAT ROLE DO YOUR MEMBERS PLAY IN THE STATE'S LARGER ECONOMY?

>> Wight: SO, WE REPRESENT RESTAURANTS THROUGHOUT NEW MEXICO.

SO, WE'RE A STATEWIDE ORGANIZATION.

AND THERE ARE OVER 5,000 RESTAURANTS IN NEW MEXICO.

AND WE REPRESENT ALL OF THEM, AND THEN SOME OF THEM ARE OUR MEMBERS.

SO ABOUT 1500 MEMBERS IS WHO ARE IN OUR MEMBERSHIP.

>> Lou: OKAY, DOES THAT INVOLVE PAYING DUES?

>> Wight: YES.

>> Lou: OKAY.

WHAT ARE SOME OF THE LARGEST ECONOMIC BARRIERS FACING YOUR MEMBERSHIP, BUT RESTAURANTS IN GENERAL, AROUND THE STATE?

>> Wight: YOU KNOW, IT'S BEEN A HUGE LABOR SHORTAGE, AND IT CONTINUES TO BE THAT HAS BEEN ONE OF OUR BIGGEST BARRIERS.

BUT ALSO INFLATION.

WHAT PEOPLE MAY NOT KNOW, THEY'RE SEEING INFLATION AT 3% NOW, BUT IN THE LAST FOUR YEARS, INFLATION ON FOOD HAS BEEN AT -- NOW IT'S 25% MORE THAN IT WAS FOUR YEARS AGO.

SO, YOU THINK ABOUT ALL OF THE THINGS THAT NOW WE HAVE TO RAISE OUR PRICES.

YOU KNOW, AND LABOR IS A BIG PART OF THAT, BUT FOOD IS A HUGE PART OF JUST HAVING TO CHANGE THE WAY WE'RE WORKING.

>> Lou: OKAY.

NOW, I WANT TO SHIFT TO THE ROLE OF MINIMUM WAGE RATES, HOW THEY PLAY INTO BUSINESSES LIKE THE ONES THAT YOU REPRESENT.

WE KNOW CERTAIN LOCAL GOVERNMENTS HAVE SET WAGE RATES THAT ARE HIGHER THAN THE STATEWIDE RANGE.

FROM YOUR PERSPECTIVE, DOES A HIGHER LOCAL MINIMUM WAGE AFFECT ATTRACTING NEW BUSINESSES TO THAT LOCAL AREA?

>> Wight: IT ABSOLUTELY DOES.

BECAUSE AS, YOU KNOW, ALL THINGS BEING EQUAL, IF I'M LOOKING TO PLACE MY COMPANY SOMEWHERE, I'M GOING TO GO WHERE THOSE COSTS ARE LOWER.

AND YOU THINK ABOUT IT, TEXAS HASN'T RAISED THEIR MINIMUM WAGE, EVEN DISTRICT IN TEXAS HAS RAISED THEIR MINIMUM WAGE, THEIR MINIMUM WAGE REMAINS AT $7 AN HOUR, $7:25, I THINK.

YET PEOPLE ARE BEING PAID ENORMOUS AMOUNTS.

IT REALLY HAS TO DO WITH THE ECONOMY AND BEING ABLE TO ATTRACT THOSE FOLKS.

SO IT DOESN'T REALLY HAVE TO DO WITH THE MINIMUM WAGE, UNLESS YOU RAISE THE MINIMUM WAGE ABOVE WHERE BUSINESSES CAN AFFORD IT.

RIGHT?

>> Lou: OKAY.

>> Wight: SO, IT'S AN ECONOMIC SITUATION, AND IN NEW MEXICO, WE HAVE JUST A FEW PLACES WHERE THE MINIMUM WAGE IS HIGHER THAN THE STATE WAGE.

THE STATE WAGE HAPPENS TO BE ONE OF THE HIGHER WAGES RIGHT NOW.

>> Lou: OKAY.

NOW, WOULD A BUSINESS, TO YOUR POINT EARLIER, LIKE A RESTAURANT EVER LOOK AT ALBUQUERQUE, SEE A MORE THAN DOUBLE TIPPED WAGE REQUIREMENT AND DECIDE TO OPEN IN A PLACE LIKE RIO RANCHO INSTEAD?

AND CAN YOU THINK OF AN EXAMPLE WHERE THAT HAS HAPPENED THAT YOU KNOW OF?

>> Wight: I'LL KIND OF GIVE YOU THE OPPOSITE.

THAT IS, THE REASON WE EVEN THOUGHT OF THIS IS A RESTAURATEUR FROM SANTA FE, HE HAD OPENED A RESTAURANT HERE.

HE HAS MULTIPLE RESTAURANTS, BUT HE HAD OPENED A RESTAURANT IN ALBUQUERQUE AND HE WAS FLOORED BY THE FACT THAT WE WERE PAYING SERVERS SUCH A HIGH RATE.

SERVERS MAKE MOST OF THEIR MONEY IN TIPS.

SO IN ALBUQUERQUE, HE HAD TO PAY THE SERVERS SUCH A HIGH RATE THAT IT FORCED HIM TO CONDENSE HIS PAYROLL AND HE CAN'T PAY HIS BACK OF THE HOUSE LIKE HE PAYS THEM IN SANTA FE.

SO, AND BY BACK OF THE HOUSE I MEAN COOKS AND DISHWASHERS.

COOK AND DISHWASHERS CANNOT LEGALLY PARTICIPATE IN THE TIP POOL BECAUSE THEY MAKE AT LEAST A MINIMUM WAGE.

SO, THERE'S SO MANY NUANCES.

AND JUST FOR EXAMPLE, YOU KNOW, IN CITIES, YOU KNOW, WE HAVE A CITY MINIMUM WAGE LAW, WE HAVE A STATE MINIMUM WAGE LAW, AND THEN WE HAVE A FEDERAL MINIMUM WAGE LAW AND YOU HAVE TO LAYER THOSE ON.

AND EACH RESTAURANT, AND SMALL BUSINESS, ANYBODY, NOW YOU HAVE TO FIGURE OUT WHICH LAYER YOU HAVE TO ABIDE BY.

AND YOU KNOW, SOMETIMES IT'S VERY DIFFICULT.

I HAD ONE RESTAURANT CALL ME AND THEY SAID THEY ARE IN SANTA FE BUT THEY ARE ALSO IN SANTA FE COUNTY, SO THEY HAD BEEN PAYING THE SANTA FE COUNTY WAGE FOR THE LAST YEAR AND NOT THE SANTA FE WAGE, WHICH IS SOMETIMES JUST PENNIES DIFFERENT.

BUT YOU KNOW, WHEN THEY GOT AUDITED, THEY DIDN'T REALIZE THEY WERE PAYING THE WRONG WAGE RATE.

SO, IT'S QUITE CONFUSING.

YOU KNOW, IT'S MULTIPLE LAYERS OF REGULATION.

>> Lou: OKAY.

NOW, A PROPOSAL THAT WOULD HAVE LOWERED ALBUQUERQUE'S MINIMUM TIPPED WAGE IS ON HOLD AT CITY COUNCIL.

IS THERE ANY CONCERN THAT LOWERING THE TIPPED WAGE SO DRAMATICALLY WOULD MAKE IT HARDER FOR BARS AND RESTAURANTS TO HIRE AND RETAIN THE WORKERS THEY NEED?

>> Wight: IT HASN'T BEEN A PROBLEM.

I MEAN, SANTA FE HAS A TIPPED WAGE OF $3 AND THAT'S BASICALLY WHAT THEY PAY.

NOW, THEY PAY MUCH MORE THAN THE $14 SANTA FE MINIMUM WAGE RATE TO GET PEOPLE IN THE BACK OF THE HOUSE, BUT SERVERS BECAUSE THEY REALLY RELY ON THOSE TIPS FOR MOST OF THEIR WAGE, THEY'RE HAPPY TO JUST WORK.

>> Lou: OKAY.

NOW, HOW DOES WORKER TURNOVER AFFECT SUCCESSES AND FAILURES IN YOUR INDUSTRY?

IS THAT SOMETHING YOU'VE SEEN MORE OF MORE RECENTLY?

HAS IT CHANGED OVER THE LAST FEW YEARS OR SO?

>> Wight: IT HAS.

SINCE THE PANDEMIC, WE'VE HAD REAL HARD TIME GETTING AND KEEPING -- AND ESPECIALLY THOSE BACK-OF-THE-HOUSE EMPLOYEES, AGAIN THE SERVERS MAKE TIPS.

THEY DO VERY WELL.

YOU KNOW, I THINK THE AVERAGE SERVER IN NEW MEXICO MAKES $28 AN HOUR.

WHEREAS, WE CAN'T AFFORD TO PAY THE BACK OF THE HOUSE THAT MUCH.

I KNOW PEOPLE SAY, WELL, YOU JUST NEED TO PAY THEM MORE.

I GET THAT.

BUT THERE'S -- JUST LIKE YOUR HOME BUDGET, THERE'S ONLY SO MUCH MONEY THAT WE CAN PUT INTO THAT WAGE POT.

AND BECAUSE WE'RE ALSO HAVING THOSE PRESSURES OF ALL OF THE INFLATIONARY PRESSURES WITH THE FOOD COSTS, SO NOW YOU'VE GOT RESTAURANTS THAT ARE HAVING TO RAISE THEIR PRICES.

AND PEOPLE STOPPED GOING OUT WHEN IT BECOMES TOO EXPENSIVE FOR THEM TO GO OUT.

IT IS MORE EXPENSIVE THAN A GROCERY STORE, IN MANY CASES.

BUT -- SO THERE'S SO MUCH PRESSURE FOR RESTAURANTS TO RAISE THEIR PRICES, YET KEEP THEIR PRICES TO THE SAME.

I MEAN, I'VE HAD POLITICIANS COME TO ME AND SAY, TELL RESTAURANTS TO STOP RAISING THEIR PRICES.

I'M LIKE, WELL, DON'T YOU THINK THEY HAVE THE SAME PRESSURES THAT YOU DO IN YOUR OWN HOME.

GROCERIES ARE VERY EXPENSIVE.

AND CPI DOESN'T TAKE THAT INTO ACCOUNT.

SO, I MAY OR MAY NOT HAVE ANSWERED YOUR QUESTION.

>> Lou: NO, YOU GOT THERE FOR THE MOST PART.

>> Wight: GOOD.

>> Lou: I DO WANT TO MOVE ON.

I SPOKE WITH THE DEPARTMENT OF WORKFORCE SOLUTIONS SECRETARY SARITA NAIR EARLIER IN THIS EPISODE.

SHE MENTIONED WAGE THEFT CLAIMS HAVE INCREASED SIGNIFICANTLY IN RECENT YEARS.

YOU DETAILED SOME OF THE LOGISTICAL ISSUES THAT RESTAURANTS COULD FACE.

AND SECRETARY NAIR SAID THAT THE MAJORITY OF THOSE CLAIMS ARE NOT MALICIOUS.

HOW WOULD YOU CHARACTERIZE THE REASONS FOR WAGE VIOLATIONS THAT HAVE COST WORKERS HUNDREDS OF MILLIONS OF DOLLARS IN RECENT YEARS?

>> Wight: I QUESTION THAT.

I DO -- I KNOW THAT RESTAURANTS HAVE A HARD TIME AND ANY SMALL BUSINESS HAS A HARD TIME WITH THE LAYERS AND LAYERS OF REGULATION.

IT'S NOT EASY.

THAT'S ONE OF THE THINGS WE DO AS AN ORGANIZATION IS WE KEEP THE ONE WEBSITE THAT HAS ALL OF THE MINIMUM WAGES ON IT.

WE KEEP -- WE TELL THEM WHEN THE REGULATIONS CHANGE.

BUT IT'S HARD TO KEEP UP WITH.

SO, IT'S INTERESTING, I THINK THE FEDERAL AUDITORS, SO THE DEPARTMENT OF LABOR FEDERALLY, SAID THAT THEY DID OVER 5,000 -- AND SOME OF THESE NUMBERS ARE NOT GOING TO BE RIGHT, BUT THEY DID OVER 5,000 AUDITS ON RESTAURANTS AND FOUND SOMETHING WRONG IN EVERY SINGLE ONE OF THOSE.

NOW, WHAT THAT SAYS TO ME IS NOT THAT EVERY RESTAURANT IS MALICIOUSLY DOING SOMETHING WRONG.

BUT WHAT THAT SAYS TO ME IS IT'S VERY DIFFICULT TO FOLLOW THESE LAWS.

AND YOU KNOW, I WOULD SAY SOME OF THE BEST RESTAURANTS, EVEN THE CHAIN RESTAURANTS, DON'T DO IT ALL THE TIME.

AND THEY'VE GOT LAWYERS, UPON LAWYERS AND HR PEOPLE TO KEEP THEM ON THE STRAIGHT AND NARROW THAT MOST SMALL RESTAURANTS DO NOT HAVE.

AND SO, I WOULD SAY, LIKE SHE SAID, IT'S NOT USUALLY MALICIOUS AND I THINK PEOPLE ARE SURPRISED WHEN THEY FIND OUT THAT MAY BE WHAT'S HAPPENING.

>> Lou: UNDERSTOOD.

OKAY, CAROL WIGHT, THANK YOU SO MUCH FOR JOINING ME ON NEW MEXICO IN FOCUS.

>> Wight: THANK YOU.

>> Jeff: OKAY, NOW THAT WE'VE HEARD FROM THE BUSINESS INTERESTS THAT EMPLOY MANY OF THE PEOPLE WHO EARN MINIMUM WAGE, IT'S TIME TO TALK WITH SOMEONE WHO ORGANIZES WITH MANY OF THOSE WORKERS.

MARCELA DIAZ IS THE FOUNDING DIRECTOR OF SOMOS UN PUEBLO UNIDO, A STATEWIDE IMMIGRANT-BASED ORGANIZATION THAT WORKS PROMOTE RACIAL AND WORKER JUSTICE IN NEW MEXICO.

MARCELA HAS BEEN ORGANIZING MINIMUM WAGE WORKERS FOR DECADES IN OUR STATE.

IN MANY INSTANCES, THESE ARE SOME OF THE MOST VULNERABLE PEOPLE HERE.

AND NOT JUST BECAUSE OF HOW LITTLE MONEY THEY MAKE.

IN HER CONVERSATION WITH LOU, MARCELA EXPLAINS THE BARRIERS THAT BLOCK PEOPLE OF THE BOTTOM RUNG OF THE WAGE LADDER FROM CLIMBING HIGHER.

>> Lou: MARCELA DIAZ, FOUNDING EXECUTIVE DIRECTOR OF SOMOS UN PUEBLO UNIDO, THANK YOU SO MUCH FOR JOINING ME ON NEW MEXICO IN FOCUS.

>> Diaz: THANK YOU, LOU, HAPPY TO BE HERE.

>> Lou: NOW, I WANT TO START WITH A BIT OF A PROFILE OF MINIMUM-WAGE WORKERS IN NEW MEXICO.

WHO ARE WE TALKING ABOUT WHEN WE TALK ABOUT PEOPLE MAKING THE LOWEST RATE POSSIBLE?

>> Diaz: WELL, WE CERTAINLY ARE TALKING ABOUT FOLKS WHO ARE WORKING IN SOME VERY KEY AND ESSENTIAL INDUSTRIES THAT TYPICALLY ARE MINIMUM WAGE AND ALSO OFTEN SUBJECT TO MINIMUM WAGE VIOLATIONS, AND THAT'S THE HOME HEALTH CARE FIELD.

FOLKS WHO WORK IN SOCIAL ASSISTANCE, RIGHT?

SO HOME HEALTH CARE, CHILD CARE.

FOLKS WHO WORK IN PRIVATE HOUSEHOLDS ARE OFTEN MINIMUM-WAGE WORKERS AND ARE OFTEN SUBJECT TO WAGE THEFT.

PEOPLE IN THE FOOD INDUSTRY, AND AGRICULTURE, CERTAINLY.

AND SO THOSE ARE A LOT OF THE FOLKS THAT WE WORK WITH WHO ARE WORKING AND STILL MAKING MINIMUM WAGE OR CLOSE TO IT.

WE, OF COURSE AT SOMOS UN PUEBLO UNIDO, WE'RE A STATEWIDE IMMIGRANT-BASED ECONOMIC JUSTICE ORGANIZATION.

AND THE FOLKS THAT COME TO OUR ORGANIZATION FOR HELP WITH THESE ISSUES, OR TO SUPPORT CAMPAIGNS AND TO BE A PART OF CAMPAIGNS DEMANDING HIGHER MINIMUM WAGES AND BETTER BENEFITS ARE IMMIGRANTS.

BOTH DOCUMENTED AND UNDOCUMENTED.

BUT WE DID A STUDY WITH DR. ANDREW SCHRANK BACK IN 2012 SPECIFICALLY ON MEXICAN IMMIGRANTS, AND WHAT IT SHOWED WAS THAT A LOT OF IMMIGRANTS, REGARDLESS OF STATUS, BUT CERTAINLY UNDOCUMENTED IMMIGRANTS ARE MAKING MINIMUM WAGE, NOT EVERYONE, BUT ARE DISPROPORTIONATELY IN THE MINIMUM WAGE CATEGORY AS WELL AS WITH -- THEY'RE IN THE MINIMUM WAGE CATEGORY AND THEY'RE ALSO SUBJECT TO MANY WAGE VIOLATIONS.

>> Lou: I'LL GET TO WAGE THEFT IN A SECOND AND ITS IMPACT ON WORKERS AND THE OVERALL STATE ECONOMY.

BUT SETTING THAT ASIDE FOR JUST NOW, WHAT ARE SOME OF THE OTHER PRESSURES THAT THESE FOLKS ARE FEELING OTHER THAN MAKING THE LOWEST WAGE ALLOWED BY LAW?

>> Diaz: FOLKS RIGHT NOW ARE LIVING PAYCHECK TO PAYCHECK IN THESE CATEGORIES.

AND CERTAINLY, ONE OF THE OTHER CATEGORIES IS FOLKS WHO DON'T HAVE HIGH SCHOOL EQUIVALENCY.

AND WE HAVE ONE OF THE HIGHEST NON-HIGH SCHOOL EQUIVALENCY RATES IN THE COUNTRY.

WE HAVE ONE OF THE LOWEST ADULT LITERACY RATES IN THE COUNTRY.

SO THIS ALSO LEADS TO A BIG PERCENTAGE OF FOLK WHO ARE STILL MAKING EITHER MINIMUM WAGE OR CLOSE TO THE MINIMUM WAGE.

AND SO, THE PRESSURES ARE THE PRESSURES THAT WE ALL HAVE, BUT MORE ACUTE.

AND THAT IS THAT THEY ARE DEALING WITH RISING HOUSING COSTS ACROSS THE STATE, AND CERTAINLY IN URBAN AREAS LIKE ALBUQUERQUE, LAS CRUCES, AND SANTA FE.

BUT WE SEE THIS ALSO IN PLACES LIKE HOBBS, NEW MEXICO, WHERE SOMOS UN PUEBLO UNIDO HAS A LOT OF MEMBERS AND CARLSBAD.

JUST COST PROHIBITIVE TO CERTAINLY BUY A HOME, BUT TO EVEN RENT.

SO FOLKS ARE SPENDING FAR MORE THAN ONE-THIRD OF THEIR SALARIES AND THEIR MONTHLY WAGES ON HOUSING.

THAT'S THE NUMBER ONE ISSUE PEOPLE ARE DEALING WITH.

CHILD CARE, NOT HAVING ACCESS TO CHILD CARE.

AND YOU WOULD THINK WITH ALL OF THE WONDERFUL FUNDING THAT HAS GONE INTO CHILD CARE AND SUBSIDIES THAT PEOPLE WOULD BE ABLE TO ACCESS IT READILY, BUT WE DON'T HAVE A LOT OF PROVIDERS, PARTICULARLY IN CHILD CARE DESERTS, AND IN OTHER AREAS.

NOT HAVING ACCESS TO OTHER WORKFORCE DEVELOPMENT SKILLS, TRAINING OPPORTUNITIES, FOR LOTS OF DIFFERENT REASONS INCLUDING JUST HAVING TO WORK TWO JOBS OR 1.5 JOBS OR THREE JOBS TO MAKE ENDS MEET FOR FAMILIES.

SO, THERE'S A LOT OF PRESSURE ON FAMILIES RIGHT NOW WHO ARE IN THIS CATEGORY.

>> Lou: COULD YOU DESCRIBE HOW THAT LIST OF BARRIERS, HOW THAT KEEPS SOME OF THESE WORKERS FROM MOVING UP THE ECONOMIC LADDER?

>> Diaz: YEAH, THE PEOPLE ARE JUST STUCK IN LOW-WAGE JOBS.

LIVING PAYCHECK TO PAYCHECK.

TRYING TO MAKE ENDS MEET.

TRYING TO DEAL WITH THE LACK OF CHILD CARE, OR PAYING FOR CHILD CARE.

NOT BEING ABLE -- FOOD INSECURITY IS A HUGE PROBLEM FOR A LOT OF THESE FAMILIES, ESPECIALLY WITH CHILDREN.

MAKING HARD CHOICES ABOUT, YOU KNOW, BUYING HOUSEHOLD GOODS.

IN MANY CASES, ESPECIALLY AFTER THE PANDEMIC, WHAT WE SAW PARTICULARLY IN THE IMMIGRANT COMMUNITY, WAS NOT A LOT OF ACCESS TO UNEMPLOYMENT BENEFITS, OR PANDEMIC RELIEF.

AND WE SAW WHAT PEOPLE HAD TO DO TO SURVIVE WITHOUT ADDITIONAL PANDEMIC RELIEF AND BEING WITH A LOT OF THE CLOSURES, A LOT OF FOLKS HAD THEIR HOURS CUT OR THEIR HOURS ELIMINATED.

SO, FOLKS HAD TO RELY ON EACH OTHER AND THEY HAD TO MAKE TOUGH DECISIONS ABOUT THEIR FAMILY FINANCES, AND WHETHER OR NOT THEY HAD A CAR, A WORKING VEHICLE, TO GET THEMSELVES TO OTHER INTERVIEWS TO GET OTHER JOBS.

SO IT HAS SO MANY IMPACTS ON PEOPLE'S DAILY CHOICES AND ABILITY TO EVEN GO OUT AND FIND ANOTHER JOB THAT IS EITHER HIGHER PAYING, OR IF FOLKS ARE DISENGAGED OR UNEMPLOYED OR UNDEREMPLOYED.

>> Lou: YOU MENTIONED A LITTLE BIT OF THIS EARLIER, BUT I WANT TO PAUSE AND TALK ABOUT YOUR ORGANIZATION, SOMOS UN PUEBLO UNIDO, FOCUSES ON IMMIGRATION, IMMIGRANT COMMUNITIES, WAGES, AND WORKING CONDITIONS.

WHY THOSE ISSUES, AND HOW DO THEY ALL FIT TOGETHER?

>> Diaz: WELL, MINIMUM WAGE -- FOLKS ARE STRUGGLING, AND FOLKS ARE STRUGGLING OFTEN WITH FULL-TIME WORK.

YOU KNOW, SO THEY'RE JUST NOT MAKING ENOUGH MONEY, DON'T HAVE ENOUGH BENEFITS.

AND THIS ISN'T JUST THE UNDOCUMENTED COMMUNITY.

THIS IS ALSO DOCUMENTED IMMIGRANTS PLAYING AN ESSENTIAL ROLE IN NEW MEXICO'S ECONOMY, RIGHT?

THE INDUSTRIES I MENTIONED EARLIER ARE REALLY THE INDUSTRIES THAT ARE REALLY SUPPORTING SO MANY OTHER WORKERS IN OUR COMMUNITIES AND HOUSEHOLDS.

I'LL GIVE YOU AN EXAMPLE.

AGRICULTURE IS VERY IMPORTANT.

OIL AND GAS IS VERY IMPORTANT TO OUR STATE.

MAJORITY OF FOLKS WHO WORK IN THE LEAST PAID AND HARDEST AND MOST DANGEROUS JOBS, 12 TO 16 HOURS A DAY, ARE IMMIGRANT WORKERS.

SO, IT'S REALLY TOUGH ON THEIR FAMILIES.

AND IN PLACES LIKE SANTA FE OR ALBUQUERQUE OR LAS CRUCES, REALLY IMMIGRANTS ARE A KEY PART OF THE TOURISM ECONOMY, THE SERVICE INDUSTRY, CONSTRUCTION.

REALLY, TRULY SUPPORTING SO MANY KEY ASPECTS OF OUR ECONOMY.

SO DESPITE THAT, DESPITE BEING ONE IN TEN, 10% OF NEW MEXICO IS FOREIGN BORN, DESPITE BY BEING ONE IN TEN, WE MAKE UP ABOUT 13.5% OF THE WORKFORCE.

AND IN THOSE KEY INDUSTRIES.

SO TRULY ESSENTIAL TO NEW MEXICO'S ECONOMY, AND YET, WITH THESE FOLKS FULL-TIME JOBS NOT BEING ABLE TO SUSTAIN THEIR FAMILIES.

I ENCOURAGE YOUR LISTENERS, AND I ENCOURAGE FOLKS WATCHING TO CHECK OUT A WEBSITE THAT'S PUT OUT BY M.I.T., AND THEY DO A LIVING WAGE CALCULATOR FOR EVERY COUNTY AND FOR EVERY STATE.

AND FOR THEM, THE LIVING WAGE CALCULATOR REALLY TAKES INTO ACCOUNT HOW MANY FOLKS YOU HAVE IN YOUR IMMEDIATE FAMILY, HOW MANY PEOPLE ARE WORKING, AND THEY CALCULATE THIS BASED ON WHAT IT WOULD TAKE TO SUSTAIN A FAMILY WITHOUT HAVING TO RELY ON OTHER FORMS OF PUBLIC ASSISTANCE.

TO REALLY JUST BE ABLE TO SUSTAIN YOUR FAMILY.

JUST THE BEAR MINIMUM.

WHAT THEY HAVE CALCULATED FOR THE STATE OF NEW MEXICO, FOR A FAMILY OF FOUR, AND WITH TWO CHILDREN, WITH ONE ADULT WORKING, IS MINIMUM WAGE OR LIVING WAGE OF $38 AN HOUR.

AND THAT IS A -- THAT'S FAR FROM WHAT WE HAVE RIGHT NOW.

SO, WHAT THAT MEANS IS THE VAST MAJORITY OF PEOPLE IN NEW MEXICO, NOT JUST THE ONES MAKING THE MINIMUM WAGE, REALLY ARE STRUGGLING TO MAKE NOT JUST ENDS MEET BUT TO HAVE A LIFE WHERE YOU CAN, YOU KNOW, TAKE YOUR KIDS ON VACATION FOR A WEEK OR TWO, LIKE OTHER UPPER CLASS OR MIDDLE CLASS FAMILIES HAVE.

SO, THESE ARE THE THINGS THAT ARE REALLY IMPORTANT TO FAMILIES.

HAVING EXTRA CURRICULAR ACTIVITIES, BEING ABLE TO PLAY ON A SOCCER LEAGUE OR A BASEBALL LEAGUE.

ALL OF THIS COSTS MONEY, AND THOSE ARE THE THINGS THAT A LOT OF FAMILIES AT SOMOS HAVE TO REJECT AND NOT DO BECAUSE OF THESE ECONOMIC CIRCUMSTANCES.

AND BECAUSE OF INFLATION AND RISING HOUSING COSTS.

SO, IT'S ALL RELATED.

AND WHEN YOU DON'T HAVE OTHER -- BECAUSE IT'S NOT JUST WAGES THAT WE'RE TALKING ABOUT.

WE REALLY NEED TO HAVE THE SUITE OF POLICY PROPOSALS AND INVESTMENTS IN OUR COMMUNITIES, SO NOT ONLY DO WE HAVE LIFE-SUSTAINING WAGES, AND LIFE-AFFIRMING WAGES, BUT WE DO HAVE ACCESS TO CHILD CARE, AND WE HAVE ACCESS TO SKILLS TRAINING SO PERHAPS WE CAN GET BETTER HIGHER PAYING JOBS IN OUR COMMUNITIES.

SO THAT WE HAVE FAIR TAX POLICIES THAT REALLY HELP SUPPORT LOW-INCOME AND WORKING-CLASS FAMILIES.

I THINK NEW MEXICO HAS STARTED TO DO A LOT OF THAT WITH THINGS LIKE MANDATED SICK LEAVE.

I KNOW THERE'S A BIG PAID FAMILY LEAVE CAMPAIGN THAT WILL HOPEFULLY BE SUCCESSFUL.

THESE ARE ALL THE WAYS THAT WE CAN SUPPORT FAMILIES CURRENTLY AND ALSO GET THEM INTO SOME OF THE JOBS.

ALL OF THIS IS GOOD FOR NEW MEXICO'S ECONOMY.

WHEN WE ARE ABLE TO BRING PEOPLE IN THIS RUNG, OR THIS CATEGORY OF WORK, INTO JOBS THAT EITHER BETTER SUIT THEM OR WITH A LITTLE EXTRA TRAINING TO JOBS THAT ARE EXPERIENCING BIG SHORTAGES, THEN OTHER PEOPLE WILL FILL THESE OTHER JOBS.

BUT THEN WE HAVE AN OPPORTUNITY TO GROW AS FAMILIES AND TO EVENTUALLY BE MOBILE WHEN IT COMES TO OUR FAMILY FINANCES.

SO, THAT REALLY IS -- THAT DOESN'T HAPPEN JUST LIKE THAT.

IT REALLY DOES TAKE A CONCERTED EFFORT BY POLICYMAKERS AND LEGISLATORS, AND OF COURSE ORGANIZING FROM ORGANIZATIONS LIKE SOMOS AND OLE AND EL CENTRO AND A HOST OF OTHER ORGANIZATIONS THAT ARE WORKING TO REALLY TRY TO FIX SOME OF THESE STRUCTURAL ISSUES IN OUR STATE FROM THE GRASSROOTS.

>> Lou: SURE.

NOW, I DO WANT TO SHIFT TO WAGE THEFT.

A REPORT PUBLISHED EARLIER THIS YEAR BY RUTGERS SCHOOL OF MANAGEMENT AND LABOR RELATIONS SPECIFICALLY FOCUSED ON MINIMUM WAGE VIOLATIONS IN NEW MEXICO.

THAT STUDY FOUND THAT MINIMUM WAGE VIOLATIONS HAVE COST NEW MEXICANS MORE THAN $1.3 BILLION OVER THE LAST 20 YEARS AND MORE THAN $300 MILLION BETWEEN 2021 AND 2022.

FIRST, DOES THAT REPORT MATCH WHAT YOU HAVE SEEN ON THE GROUND IN OUR STATE OVER THE LAST FEW DECADES?

>> Diaz: ABSOLUTELY.

SOMOS UN PUEBLO UNIDO HAS BEEN DOING ANTI-WAGE THEFT WORK SINCE OUR MEMBERS WERE A PART OF, A VERY ESSENTIAL PART OF, A CAMPAIGN TO RAISE MINIMUM WAGE IN SANTA FE IN THE PRIVATE SECTOR.

I THINK A LOT OF FOLKS IN NEW MEXICO FORGET HOW PIONEERING NEW MEXICO CAN BE, AND SANTA FE WAS THE FIRST CITY IN THE WHOLE COUNTRY TO RAISE THE MINIMUM WAGE IN THE PRIVATE SECTOR.

AND SAN FRANCISCO WAS A CLOSE SECOND, BUT WE CERTAINLY WERE FIRST.

AND WHAT WE SAW BACK THEN WAS THAT THERE WAS A -- IT WASN'T A TRUE MINIMUM WAGE.

IT WAS A WAGE FOR EMPLOYERS THAT HAD MORE THAN 25 EMPLOYEES, AND ANY EMPLOYER THAT HAD FEWER OR BUSINESS THAT HAD FEWER THAN 25 WOULDN'T HAVE TO PAY THE MINIMUM WAGE.

AND IMMEDIATELY WE STARTED SEEING -- AND IT WAS THE FIRST IN THE COUNTRY, SO WE WERE KIND OF TESTING IT OUT, AND IMMEDIATELY WE STARTED TO SEE PEOPLE BIFURCATING, THEY WERE CREATING TWO SEPARATE BUSINESSES.

SO THEIR BAR WOULD BE ONE BUSINESS AND THEIR RESTAURANT WOULD BE ANOTHER, SO THEY COULD STAY UNDER THE 25-PERSON THRESHOLD.

THAT REALLY INCENSED A LOT OF WORKERS WHO WERE WORKING FOR THESE COMPANIES AND BUSINESSES FOR A LONG TIME.

SO, THEY CAME TO SOMOS AND STARTED ORGANIZING AND SAYING HEY, WHY AREN'T WE GETTING PAID THIS MINIMUM WAGE WE FOUGHT FOR.

AND IT WAS EMPLOYERS WERE SKIRTING AROUND THE LAW BY USING SOME OF THESE LOOPHOLES.

SO EVENTUALLY WE FIXED THAT LOOPHOLE.

CREATED A TRUE STANDARD, WHICH REALLY IS WHAT MINIMUM WAGE IS IN BASIC LABOR STANDARDS.

IT'S VERY HARD FOR EMPLOYERS, BUT IT'S CERTAINLY HARDER FOR WORKERS WHEN YOU'RE SEEING DIFFERENT STANDARDS FOR -- WE'RE NOT SEEING MINIMUM STANDARDS, MINIMUM WAGE STANDARDS.

AND WHERE YOU'RE CHERRY PICKING WHO GETS AND WHO DOESN'T GET IT BASED ON THE NUMBER OF EMPLOYEES ET CETERA.

THAT'S WHEN WE REALLY STARTED SEEING A RISE IN WAGE THEFT, OR THAT'S WHEN PEOPLE REALLY STARTED COMING TO SOMOS.

WHAT WE ALSO REALIZED WAS WE COULDN'T REALLY -- AS WE WERE SENDING A LOT OF FOLKS TO THE DEPARTMENT OF WORKFORCE SOLUTIONS, THAT THE LAWS WEREN'T VERY STRONG IN NEW MEXICO.

SO, WE STARTED WORKING WITH FOLKS IN THE DEPARTMENT WHO ACTUALLY CAME TO US, THIS WAS UNDER THE RICHARDSON ADMINISTRATION BACK IN 2008.

SO, YOU'RE SENDING ALL THESE FOLKS TO US AND WE ACTUALLY DON'T HAVE REALLY STRONG LAWS, AND WE WOULD LIKE TO BE ABLE TO HELP THEM MORE BECAUSE THEY'RE CLEARLY SUFFERING AS A RESULT OF THIS, OF NOT GETTING PAID THE WAGES THEY'VE WORKED.

SO YEAH, WE WENT STATEWIDE, GRASSROOTS CAMPAIGN TO ACTUALLY STRENGTHEN NEW MEXICO'S WAGE AND HOUR LAWS, AND TO CREATE HIGHER PENALTIES, LONGER STATUTE OF LIMITATIONS AND REALLY GIVE THE DEPARTMENT OF WORKFORCE SOLUTIONS AN OPPORTUNITY TO REALLY BE ROBUST IN ITS ENFORCEMENT.

CREATE MORE DETERRENTS, BUT ALSO RECOGNIZING THAT -- THAT WE DID IN 2009.

WE WENT FROM ONE OF THE STATES WITH THE WEAKEST ANTI-WAGE THEFT LAWS, TO ONE OF THE STATES NOW WITH THE STRONGEST.

AND THAT'S GREAT.

BUT WHAT IT DOES IN ADDITION TO BEING A DETERRENT TO EMPLOYERS IN BEING WAGE THIEVES, IT RECOGNIZES THAT WHEN YOU'RE LIVING PAYCHECK TO PAYCHECK, AND YOU HAVE A CAR PAYMENT, AND YOU HAVE A RENT PAYMENT, AND YOU HAVE TO TAKE YOUR KID TO URGENT CARE, AND YOU HAVE TO PAY MONEY AND CO-PAYS AND ALL OF THAT, THAT WHEN YOU ARE SO TIGHTLY BUDGETING YOUR FAMILY HOUSEHOLD NEEDS AND ALL OF A SUDDEN YOU'RE NOT GETTING TWO WEEKS WORTH OF PAY, OR YOU DIDN'T GET THE MONEY YOU THOUGHT YOU WERE GOING TO GET THAT MONTH, THAT CAN BE REALLY DESTABILIZING.

IT CAN QUICKLY PROPEL PEOPLE INTO IMMEDIATE POVERTY.

AND IT CAN BE INCREDIBLY STRESSFUL FOR PEOPLE TO FIGURE OUT HOW TO DO THAT.

OFTENTIMES, THEY GO TO GET SHORT-TERM LOANS WITH REALLY HIGH INTEREST RATES.

OR THEY BORROW FROM FRIENDS AND FAMILY JUST TO MAKE ENDS MEET.

AND THIS CAN BE REALLY DESTABILIZING.

SO HAVING HIGHER DAMAGES AND PENALTIES REALLY DOES RECOGNIZE YOU NEED TO BE MADE WHOLE, AND BEING MADE WHOLE AT THIS POINT ISN'T JUST PAYING YOUR STRAIGHT WAGE.

I THINK PEOPLE DON'T KNOW THE DIFFERENT WAYS THAT PEOPLE ARE VICTIMS OF WAGE THEFT.

IT'S NON-PAYMENT OF OVERTIME.

OFF THE CLOCK, PEOPLE ARE ASKED TO CLOCK IN WHEN THE FIRST CLIENTS OR CUSTOMERS COME IN AND CLOCK OUT.

OR, FOR INSTANCE, IF YOU'RE WORKING ON A JOB SITE AND YOU'RE TAKING THE COMPANY VEHICLE AND YOU HAVE TO BE THERE AT 8 O'CLOCK AND YOU'RE TAKING THE COMPANY VEHICLE SOME PLACE TO DO A JOB, THEY DON'T START YOUR CLOCK UNTIL YOU GET THERE.

THAT'S A FORM OF WAGE THEFT.

THOSE ARE OFF-THE-CLOCK VIOLATIONS.

IT HAPPENS SO OFTEN.

LIKE AT CAR WASHES, FOR INSTANCE.

ILLEGAL DEDUCTIONS.

SO IF YOU BREAK SOMETHING, IT'S A PART OF THE JOB, OR SOMETHING, AND THEN YOU HAVE TO PAY FOR IT.

AND THEN FOR TIPPED WORKERS, IT'S EMPLOYERS STEALING TIPS OR SAYING YOU'RE JUST GOING TO BE A TIPPED WORKER AND WE'RE NOT GOING TO GIVE YOU THE CHECK FOR $2.13 OR $3 IN NEW MEXICO.

>> Lou: BACK TO THE MINIMUM WAGE ITSELF FOR A SECOND, AND THE PURPOSE IT'S MEANT TO SERVE IN TERMS OF HOW IT FITS INTO THE LARGER FRAMEWORK OF OUR WORKFORCE.

HOW DOES A MINIMUM WAGE RATE IMPACT WAGES UP THE ECONOMIC LADDER?

>> Diaz: WELL, IT'S WHAT WE CALL RAISING THE FLOOR.

AND SO, WHEN YOU HAVE A FLOOR THAT IS WELL ESTABLISHED AND YOU RAISE IT AND THIS IS OUR SORT OF TRADITIONAL LABOR PARLONS, WE'RE RAISING THE FLOOR AND IT'S NOT JUST AROUND WAGES, IT'S AROUND BENEFITS LIKE MANDATED SICK LEAVE OR FAMILY LEAVE.

WHAT YOU'RE DOING IS YOU'RE REALLY TAKING THE FOLKS AND YOU'RE GIVING THEM A BOOST AND THAT TRICKLES UP.

IT'S LIKE A TRICKLE-UP EFFECT.

IT GIVES A BOOST TO OTHER EMPLOYEES AND OTHER WORKERS.

AND THAT MEANS THAT THAT'S MORE SUPPORT FOR WORKING-CLASS FAMILIES.

AND THEN ALSO, MORE TAX REVENUE AND MORE MONEY GOING BACK INTO OUR LOCAL ECONOMIES.

BECAUSE WORKERS GENERALLY SPEND LOCALLY WHEN IT COMES TO THEIR WAGES.

SO, THAT'S REALLY IMPORTANT.

AND WE TALK ABOUT THIS A LOT AT SOMOS, LIKE WHAT DOES IT LOOK LIKE.

BECAUSE NOT EVERYONE IS MAKING MINIMUM WAGE.

SO WHAT DOES IT MEAN TO RAISE THE FLOOR, HOW DOES IT IMPACT OTHER WORKERS, IT REALLY GIVES PEOPLE, AGAIN, WHO ARE MINIMUM-WAGE WORKERS A FAIR SHOT AT BEING ABLE TO BE MORE MOBILE, TO HAVE A LITTLE BIT OF BREATHING ROOM.

>> Lou: WE KNOW CITIES LIKE SANTA FE AND LAS CRUCES HAVE TIED THEIR MINIMUM WAGE RATES TO INFLATION.

IS THAT AN APPROACH THAT WOULD WORK ON THE STATEWIDE LEVEL, OR SHOULD LAWMAKERS CONSIDER OTHER METRICS WHEN SETTING A NEW WAGE, WHENEVER THEY DO GET TO IT?

>> Diaz: I THINK IT'S GOOD TO HAVE -- ONE, $12 IS NOT -- IT'S JUST NOT ENOUGH.

IT'S NOT GOING TO COVER, AGAIN, THE M.I.T.

CALCULATION FOR LIVING WAGE IS FAR ABOVE $12.

SO, I THINK A LOT OF THINGS NEED TO GO INTO THE CALCULATION OF THE AMOUNT, BUT CERTAINLY COST OF LIVING STATEWIDE.

AND IT IS A MINIMUM.

WHAT I THINK IS IMPORTANT AND WHAT IS HAS REALLY SUPPORTED THIS FROM OUR PERSPECTIVE IN SANTA FE IS THAT IF WE HAD NOT HAD A COST OF LIVING ADJUSTMENT EVERY YEAR, OUR MEMBERS WOULD STILL -- MANY OF OUR MEMBERS, NOT ALL OF OUR MEMBERS, IT DEPENDS ON WORKER SHORTAGES, WHETHER PEOPLE HAVE A LITTLE BIT MORE NEGOTIATING POWER IN THE INDUSTRY.

RIGHT NOW, THERE'S STILL A WORKER SHORTAGE PARTICULARLY IN THE RESTAURANT INDUSTRY IN SANTA FE.

BUT WHAT IT GIVES FOLKS IS THE OPPORTUNITY TO KNOW THAT, YOU KNOW, IF THERE ARE RISING -- PEOPLE KNOW MILK IS GOING UP, AND BREAD IS GOING UP.

SO THEY CAN ANTICIPATE, OKAY, NEXT YEAR COME MARCH, THERE WILL BE A LITTLE MORE MONEY IN OUR POCKET.

WHAT WE KNOW IS MANY OF OUR MEMBERS, NOT ALL, BUT MANY OF OUR MEMBERS CONTINUE TO MAKE THE MINIMUM WAGE.

SO, YOU KNOW, I THINK IT'S $14.64 RIGHT NOW IN SANTA FE.

AND SO, IF THAT WERE NOT GOING UP, THEY WOULD NOT BE MAKING THAT AND THEY WOULD BE STUCK AT THE LOWER LEVEL.

SO, COST OF LIVING JUST MAKES SENSE.

MANY OTHER WORKERS IN DIFFERENT SECTORS, THIS IS EXPECTED.

THEY'RE GETTING THEIR RAISES.

EVEN IF THEY'RE NOMINAL, THEY'RE GOING UP EVERY YEAR LITTLE BY LITTLE.

SO, MINIMUM WAGE MAKES SENSE TO DO IT.

IT'S BEEN WORKING IN SANTA FE.

AND WHEN IT HASN'T GONE UP, THEN THOSE WAGES STAY STAGNANT.

BUT GENERALLY, THINGS ARE GETTING MORE EXPENSIVE.

HOUSING COSTS ARE GETTING MORE EXPENSIVE.

SO ALL OF THAT NEEDS TO BE TAKEN INTO ACCOUNT WHEN DETERMINING THE MINIMUM WAGE, AND WE ABSOLUTELY SUPPORT, AT SOMOS, BECAUSE WE'VE SEEN IT WORK IN SANTA FE, A COLA ADJUSTMENT.

OR A COST OF LIVING ADJUSTMENT.

>> Lou: MARCELA DIAZ, THANK YOU SO MUCH FOR JOINING ME ON NEW MEXICO IN FOCUS.

>> Diaz: THANK YOU.

>> Jeff: THANKS FOR WATCHING, AND WE'LL SEE YOU NEXT WEEK.

>> FUNDING FOR NEW MEXICO IN FOCUS IS PROVIDED BY VIEWERS LIKE YOU.