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NMDWS Announces $50,000 Judgment For Workers

on July 17, 2019 - 5:11pm
ALBUQUERQUE Last week, the New Mexico Department of Workforce Solutions (NMDWS) won a summary judgment of $52,240.50 on behalf of seven workers of the now defunct CPST Consulting, LLC in Albuquerque after the business ceased operations in 2015 without distributing final paychecks for employees.
The amount adjudged includes $16,920 in unpaid wages plus 200% in liquidated damages and interest mandated by state law when workers are left unpaid.
The Second Judicial District Court ruled that the LLC’s sole owner, Richard Montoya, was individually liable for the LLC’s wage debts. Pursuant to state law, going out of business does not shield business owners from accountability for failure to pay workers for time on the job. NMDWS will seek to hold accountable any individuals who fail to pay workers. While NMDWS is happy to work with employers willing to make good on their wage payment obligations, if they refuse to engage with the NMDWS Labor Relations Division, as Mr. Montoya did, they will miss the opportunity to resolve their wage debts through reasonable monthly payments.
The Department now intends to collect the entire sum through all available methods, including a writ of execution and garnishment. On Friday, NMDWS Attorney Richard Branch filed a Transcript of Judgment with the court, which will allow the Department to file liens on all property Mr. Montoya may own in New Mexico.
“Not paying workers what they are owed is stealing,” Bill McCamley, NMDWS Secretary said. “Governor Lujan Grisham’s administration will actively investigate claims of wage theft and pursue restitution for those who have been unfairly underpaid.”