Hazard Pay in New Mexico

In Business Tips, COVID-19, Department of Labor (DOL), Employment Law by Larry Donahue2 Comments

On May 1, New Mexico became the second state to establish hazard pay specifically for child care workers

According to the U.S. Department of Labor, “Hazard Pay” means employees receive additional pay for performing hazardous duties or work involving physical hardship. Work duty that causes extreme physical discomfort and distress which is not adequately alleviated by protective devices is deemed to impose a physical hardship. https://www.dol.gov/general/topic/wages/hazardpay

Secretary Elizabeth Groginsky of the Early Childhood Education & Care Department (ECECD) announced on Friday that child care workers will receive direct payments of $700 a month, in addition to the regular wages from their employer. Full-time child care workers will be eligible for pay retroactively for April to June, and part-time workers will be eligible for $350 per month. https://www.kunm.org/post/nm-child-care-workers-many-excluded-unemployment-and-stimulus-money-win-hazard-pay

Child Care Workers in New Mexico are vulnerable in many ways. Their positions are generally low paying and they do not always receive benefits. Since New Mexico Child Care Workers are caring for many of the children of healthcare workers, the possibility they will be exposed to the Coronavirus becomes a concern, especially when many of the workers have family of their own at home they risk infecting. While the State of New Mexico has offered to pay for the health insurance of workers who become ill due to COVID-19, there is nothing currently being offered to worker’s families should the Child Care Workers die from the virus.

Do you own a Child Care Business in New Mexico? Maybe your business is providing other essential services that while necessary, may be putting your employees at risk? Would you like to discuss what your obligations are to protect your workers?

Reach out to us today.

Pick up the phone and consult with an experienced Business Attorney. We will guide you through the Hazard Pay Process.

 Contact us today   


    1. Hi John,
      Thanks for the comment. Wearing a mask to work does not necessarily mean you are due Hazard Pay. It really depends on the nature of your job and if your employer has supplied you with the necessary items to remain as safe as possible while performing your job. If you feel you are performing hazardous work, it would make the most sense for you to take this question up with your Manager or Human Resources Advisor.
      Stay Safe!

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