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Employer not following state regulations New Mexico

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  • Employer not following state regulations New Mexico

    Well first off this is my first post, have been ontue site before though! I hope im in the right section. My problem is after a fatal shooting at a completly different convinece store than mine i decided to read on state regulations and ifound this article. http://www.nmcpr.state.nm.us/nmac/pa...1.005.0006.htm. In the article it states that convience stores that opperate between 11pm and 5am are supposed to have at least two employees present. The owner of the store has us open from 6am to 12 midnight. I brought the article up to the manager and he said he would talk to the owner. Nothing has been done. Am i right in saying t is not legal to have the station open between 11pm and midnight? The night hours are 3-midnight and a second is here 5-10pm. Is there anyone specific to talk to this about?

    Thanks in advance!

  • #2
    The section I believe you are referring to lists several option, of which the employer is only required to implement one. Having 2 employees on the premises is only one of a number of options.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      ***************************** (a)**** two employee shift: the employer shall employ a minimum of two employees during the operating hours of* 11:00 p.m. to 5:00 a.m.; or, shall substitute the second employee requirement by employing security personnel on the premises;

      ***************************** (d)**** alternative operation: between the hours of 11:00 p.m. and 5:00 a.m., the employer shall close the store and prohibit all sales transactions but allow employees to perform duties such as store stocking, maintenance, cleaning and other non-sales transaction duties. Signs shall be conspicuously posted on all entryways stating the store is closed.
      Unless i missed something i didnt really see that they had a choice to keep one employee on duty with the store being open between 11 and 5.

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      • #4
        Or they could close the store at 11pm. That would probably be cheaper than bringing in a second person.

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        • #5
          convenience stores operating between the hours of 11:00 p.m. and 5:00 a.m. shall employ at least one of the following security measures:

          They then go on to list several options. AT LEAST ONE means that only one is required. The employer may provide more; they shall be in compliance if one is in place.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            And nowhere on the list does it say that one person is able to work unless the stor is closed and i believer if there is a window thing, where you pass the murchandise threw the window. They have it open 11-midnight with 1 employee open and no window deal.

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            • #7
              As the others have stated, a pass through window is just one option. a secured access area is another. Hiring two people to work overnight is not the only way your employer may comply.

              Scroll down the same page and it indicates who has authority to monitor compliance.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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