Thank you for the information and your question. I see that you are in a union. If that is the case, then if the bargaining agreement addresses the issue of time limits on grievances regarding pay (or every personnel action) and limits them to two years, then that would be the limit you would be bound by. In other words, your bargaining agreement controls the situation and whatever it says takes precedent over statute if it is specific. Also, if you are in a union, you would have to grieve this issue before it could go further to arbitration.
Had you not been in a union, under NM law, an employee has a 3 year statute of limitations, after the last violation, to file suit. If they file a wage complaint with the State, the statute of limitations stops running (tolls) while the State is investigating the issue. However, as I mentioned, since you are in a union and I presume have a bargaining agreement, you and the employer are bound to follow the rules in that contract. I can only assume that they are saying 2 years because that is what the BA says, but you will want to speak to your union rep about that. If that is what the BA says, that is the extent of your recourse.
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