Minimum Wage Now 'Living Wage'

SANTA FE, NEW MEXICO

A minimum-wage law affecting local businesses with at least 25 or more workers is constitutional, the New Mexico Court of Appeals ruled several weeks ago. The ordinance became law with important help from Council 18 and Santa Fe city Local 3999.

The new minimum wage — $8.50 an hour, a big step up from the state and federal minimum of $5.15 — covers about 9 percent of Santa Fe's private employees. Unless the ordinance is overturned on appeal to the state Supreme Court, the wage was approved to jump to $9.50 an hour in January.

Council 18 was a key proponent of its passage (see "A Matter of Simple Fairness," in Public Employee, January/February 2005). Members of Local 3999 participated in rallies and marches, and spoke at city council meetings, arguing that a living wage was essential in a town known for its relatively high cost of living.

Council 18 Pres. Robert Chavez was president of Local 3999 when city officials first considered the measure. Even though it didn't directly affect public employees, he testified in favor. In an interview, he explained that the measure did affect friends and relatives of AFSCME members — and its passage gave the local bargaining leverage during its own contract talks.

"How is it going to look to impose the law on the private sector and not do it in your own back yard?" Chavez asked city officials. That logic prevailed, and 273 members in the bargaining unit, who made less than $8.50 an hour — including lifeguards, custodians and parking attendants — saw their wages jump to the new minimum.

According to the Brennan Center for Justice at New York University, which helped defend the law in court, it is one of only three in the country (the others are in Washington, D.C., and San Francisco) that cover all businesses of a certain size. Others that apply more narrowly — to government contractors, for instance — exist in about 130 other cities or counties.

Brennan Center Associate Counsel Paul Sonn, who defended the ordinance, called the appellate court decision "a sweeping confirmation that cities have the power to raise wages to protect local workers. It's a really important ruling that will be looked to across the country."