City not publicizing minimum-wage change

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By TOM SHARPE | The New Mexican
January 1, 2006

Santa Fe's minimum wage goes to $9.50 an hour today, but neither the city nor the organization promoting the "living wage" is doing anything to notify employers and employees of the increase.

"As far as I know, it's up to reading the papers and the outreach that we did," said Carol Oppenheimer of the Santa Fe Living Wage Network.

The network has been promoting the Living Wage Ordinance for more than three years. But its last effort was in preparation for the City Council's Dec. 14 hearing on a proposal to postpone the increase to $9.50. That was defeated, although the councilors agreed they would vote on any subsequent raises instead of letting them go into effect automatically.

Oppenheimer said she believes most Santa Fe residents, both workers and employers, are aware of today's change as a result of the publicity surrounding last month's vote.

She said Santa Marķa de la Paz Catholic Community and Our Lady of Guadalupe Church passed out leaflets in early December, urging parishioners to attend the council session. Two part-time network employees, Tomas Rivera and Maria Cornejo, spoke to numerous low-wage workers about the hearing and gathered more than 2,000 signatures on petitions opposing the proposed postponement.

"It was mostly to get people to come to the hearing," Oppenheimer said. "People knew about that, and now they know it's passed, so we've not done anything more."

Sevastian Gurule, the city employee charged with policing the city minimum wage, said he has been off work since Dec. 19 and knows of no effort to notify people of today's change. City Manager Mike Lujan did not return a message Thursday and was off work Friday. Assistant City Attorney Angela "Spence" Pacheco, charged with prosecuting violations of the minimum wage, also was not available for comment last week.

So far, no business has been prosecuted for violating the local minimum wage. But Gilbert Ulibarri, a private investigator on contract to the city, has looked into at least two cases where violations have been alleged.

Workers at Sage Inn, 725 Cerrillos Road, say the hotel shares housekeepers from the Inn of the Governors to stay under the ordinance's 25-employee threshold. Sage Inn manager Charlotte Silva disputes this, but says the issue will be moot early this year when the hotel surpasses the 25-worker level and will begin paying the local minimum wage.

In another case, Sharon DiLeo, a former manager of the bookstore at The College of Santa Fe, 1600 St. Michael's Drive, says she was fired last February for trying to get her company to pay the minimum wage to her employees. DiLeo said College Bookstores of America, which contracts with colleges around the country, claimed it was not subject to the law, but subsequently began paying the wage. Efforts to reach officials at the firm in Maryland Heights, Mo., were not successful.

The Santa Fe City Council on Feb. 27, 2003, voted 7-1 to make businesses and nonprofits in the city with 25 or more workers pay at least $8.50 an hour to full- and part-time employees by Jan. 1, 2004. The hourly minimum wage was to rise to $9.50 in 2006 and $10.50 in 2008.

Implementation of the first phase was delayed until June 24, 2004, by a lawsuit brought by the Santa Fe Chamber of Commerce and other business groups. On Nov. 29, the state Court of Appeals rejected their appeal of a District Court decision upholding the ordinance. Last month, the chamber announced it would not pursue the appeal to the state Supreme Court.

A federal lawsuit against the ordinance, brought against the city by Heritage Home Heathcare of Albuquerque, is still pending.

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