For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Albuquerque.
EMPLOYEE. Any person who performs work for an employer for monetary compensation for at least two hours in a given week within the municipal limits of the city. EMPLOYEE shall include persons who perform work for an employer on a full-time, part-time, seasonal, or temporary basis. EMPLOYEE shall not include any person who is excluded from the definition of employee under NMSA §§ 50-4-21(c)(3)-(5), (7) of the New Mexico Minimum Wage Act, except that persons employed by the City of Albuquerque are employees. EMPLOYEE shall not include interns working for an employer for academic credit in connection with a course of study at an accredited school, college or university or employees working for an accredited school, college or university pursuant to a work-study program while attending that school, college or university. EMPLOYEE shall not include any person who has received a certificate from the state labor commissioner pursuant to § 50-4-23 NMSA 1978 or § 50-4-21(c)(12) NMSA 1978.
EMPLOYER. Any person, partnership, associa- tion, corporation, business trust, legal representative, or any other entity, or group of persons or entities, including corporate officers or executives, who is required to have a business license or business registration from the City of Albuquerque and who directly or indirectly or through an agent or any other person including, but not limited to, through a subsidiary or through the services of a temporary services agency, a staffing agency, a building services contractor, or any similar entity, employs or exercises control over the wages, hours or working conditions of any employee. EMPLOYER shall include the City of Albuquerque.
MINIMUM WAGE, MINIMUM WAGE RATE. The minimum hourly rates of monetary compensation for work as specified in this article.
TIP. A sum presented by a customer as a gift or gratuity in recognition of some service performed for the customer. TIP shall include only tips actually received by an employee as money belonging to him or her. Where employees practice tip pooling or splitting, as where wait staff give a portion of their tips to bus persons, both the actual amounts retained by the waiters or waitresses and those given the bus persons shall be considered TIPS of the individual employee who retains them. A compulsory charge for service imposed on a customer by an employer's establishment shall not be considered a TIP unless it is distributed by the employer to its employees.
TIPPED EMPLOYEE. Any employee engaged in an occupation in which he or she customarily and regularly receives tips from customers.
TIPPED MINIMUM WAGE. The minimum cash wage that a tipped employee must receive from his or her employer, as provided under § 13-12-3(A).
(Ord. 12-2006; amended at a Special Municipal Election, November 6, 2012.)