(650) 332-8623New Mexico Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Learn about New Mexico labor laws in 2025, including minimum wage, overtime, worker protections, and more.
New Mexico Meals and Breaks
NoneFor Lunch Breaks
Under New Mexico’s labor laws, employers are not required to provide employees with meal breaks.
However, any breaks provided to employees under 30 minutes must be paid, and employees must be completely relieved of their duties while on break.
NoneFor Rest Breaks
New Mexico does not require employers to provide rest breaks.
But they can provide rest breaks, and any break that lasts less than 20 minutes should be paid.
New Mexico Leave and PTO
Eligible employees in New Mexico, as defined by the Family and Medical Leave Act (FMLA), are entitled to up to 12 weeks of unpaid leave within a 12-month period for various reasons, including:
- The birth or adoption of a child
- Caring for a family member with a serious health condition
- Addressing emergencies arising from a family member’s military service
An eligible employee may also qualify for up to 26 weeks of unpaid FMLA leave within a single 12-month period to care for a covered service member with a serious illness or injury sustained in the line of duty.
Employees may elect to substitute accrued paid leave, such as PTO or sick leave, for unpaid FMLA leave, but they will not accrue additional leave during their unpaid FMLA leave period.
The Healthy Workplaces Act of 2021 mandates the provision of earned sick leave to all eligible employees. This act was put in place to address the need for employees to tend to their health and family’s well-being without risking their livelihood.
Eligible employees in New Mexico, defined as those employed for more than 80 hours in a 12-month period, are entitled to accrue earned sick leave at the rate of one hour for every 30 hours worked.
New Mexico labor laws do not mandate employers to provide paid vacation leave to employees.
If an employer chooses to offer paid or unpaid vacation leaves, it must comply with the the state laws, company’s established policies, and employment contracts.
Employers in New Mexico are not required to provide bereavement leave to employees. However, it’s at the discretion of the employer following established policies or practices.
Employers in New Mexico must provide unpaid, job-protected leaves to employees when they are summoned for jury duty.
In New Mexico, employees can receive up to two hours of paid time off to vote.
If the employee’s shift begins more than two hours after the polls opens or ends two hours before polls close, employers may specify the hours they can take their voting leave.
In New Mexico employees who are volunteer emergency responders can receive up to 10 days of unpaid, job-protected leave per year to respond to disasters and emergencies.
New Mexico mandates employers to reinstate employees to their previous positions after serving in the reserves, US Armed Forces, or the National Guard.
They may not be discharged by employers without cause. If they cannot be reinstated to their old positions, they can be entitled to a new position with similar benefits or seniority.
Employees have up to 14 days of intermittent unpaid leave and up to eight hours in a day for protection or judicial relief from domestic abuse.
This leave can also be availed to meet with law enforcement, attorneys, or advocates and attend court proceedings.
New Mexico Wages and Overtime
$12.00 /hourMinimum Wage
The minimum wage in New Mexico is $12.00 per hour, although some cities and counties have established their own minimum wage requirements.
1.5x HourlyOvertime Rate
In New Mexico, non-exempt employees are entitled to overtime pay for any hours worked beyond 40 hours in a workweek.
Overtime pay is typically calculated at 1.5x the employee’s regular rate of pay for each overtime hour worked.
S3.00 /hourTipped Minimum Wage
New Mexico’s tipped minimum wage is $3.00 per hour. However, employers must ensure their employees’ tips total to at least the minimum wage of $12.00 per hour.
2x MonthlyPay Frequency
New Mexico requires employers to pay employees at least twice per month, with paydays occurring no more than 16 days apart.
Employers must also provide employees with detailed pay stubs, which include information such as gross wages, deductions, and net wages earned during the pay period.
The minimum wage in New Mexico is $12.00 per hour. However, some cities have higher minimum wage rates, such as Las Cruces ($12.36 per hour) and Santa Fe/ Santa Fe County ($14.60 per hour).
The minimum wage in New Mexico applies to most employees. But there are some exemptions to take note of as well.
- Tipped employees
- Apprentices and learners
- Voluntary workers
- Employees with disabilities
- Salespeople on commission flat rate, or piecework basis
- Seasonal employees
- Supervisors, superintendents, and forepersons
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New Mexico Prevailing Wages
$13.44Unskilled Laborers
The prevailing wage rate in New Mexico for unskilled laborers for residential projects is $13.44.
$53.75Cable Splicer
The prevailing wage rate in New Mexico for cable splicers is $53.75. This applies to general building, residential, and heavy engineering construction, as well as street, highway, utility, or light engineering projects.
Prevailing wage rates are the hourly wages and benefits paid to workers in a particular occupation, which are typically set by government regulations or collective bargaining agreements.
In New Mexico, these rates are established by the New Mexico Department of Workforce Solutions (NMDWS). They’re typically based on wage surveys conducted by the department or prevailing wage rates set by the federal government.
In New Mexico, prevailing wage laws apply to public works projects, including construction, renovation, and maintenance projects funded by state or local government entities.
Employers must pay workers on these projects the prevailing wage rates for their respective trades and geographic areas to ensure fair compensation and prevent wage undercutting.
The NMDWS provides resources for employers to access current prevailing wage rates. Employers can visit the NMDWS website or contact the department directly to obtain information on prevailing wage rates for specific trades and regions within the state.
New Mexico Prevailing Wage Resources
- New Mexico Department of Workforce Solutions Public Works Office
- Street, Highway, Utility or Light Engineering Construction
- General Building
- Residential Construction
- Heavy Engineering Construction
NM Child Labor Laws
14 and 15 Years
Laws in New Mexico for children 14 and 15 years
Employing minors in New Mexico requires compliance with state child labor laws, which establish rules and regulations to protect the safety, health, and education of young workers.
Certain exceptions exist for minors aged 14 and 15, who are allowed to work in specific industries with restrictions on hours and types of work.
Minors aged 14 and 15 in New Mexico are subject to specific hour limitations. They may not work during school hours or before 7 a.m. or after 7 p.m., except during summer when evening hours extend until 9 p.m.
Additionally, minors aged 14 and 15 are restricted to working no more than 3 hours a day on a school day, 18 hours a week during a school week, 8 hours a day on a non-school week, and 40 hours a week during a non-school week.
These limitations are in line with the FLSA regulations.
16 Years and Older
Laws in New Mexico for children 16 and older
There are no time restrictions for minors 16 years of age and older.
Other Essential New Mexico Labor Laws
Health and Safety Standards in New Mexico
New Mexico’s workplace safety regulations are governed by the Occupational Health and Safety Bureau (OHSB) of the New Mexico Environment Department.
The OHSB enforces workplace safety standards to prevent workplace injuries, illnesses, and fatalities by promoting safe working conditions and providing training and assistance to employers and employees.
In New Mexico, employers must…
- Comply with Occupational Safety and Health Administration (OSHA) standards, which establish requirements for workplace safety, including hazard communication, fall protection, electrical safety, and personal protective equipment (PPE).
In New Mexico, employees should…
- Report unsafe working conditions to the OHSB or OSHA if their employer fails to address safety concerns.
Report health and safety violations (unsafe working conditions) in New Mexico to…
- Employees: New Mexico Environment Department (Inspections, Enforcement, and Reporting)
- Employers: New Mexico Environment Department (Occupational Health & Safety Bureau)
- Employers: New Mexico Occupational Safety and Health Administration
In addition to the core aspects of labor laws covered in previous sections, there are several other state-specific regulations and considerations that employers and employees in New Mexico should be aware of
Workers’ Compensation Laws
- Workers’ compensation insurance in New Mexico is required for businesses with more than three employees, including family members, part-time employees, and seasonal workers, to ensure coverage for workplace injuries and illnesses.
- Employers must pay an assessment fee to the New Mexico Taxation and Revenue Department for workers’ compensation coverage, with additional requirements including displaying certain notices, undergoing safety inspections, and paying premiums to licensed insurance companies approved by the New Mexico Office of the Superintendent of Insurance.
Labor Union Regulations
- New Mexico follows the National Labor Relations Act (NLRA), which governs labor relations, collective bargaining, and the rights of employees to organize and form labor unions.
- Employers must comply with NLRA provisions regarding unfair labor practices and employee rights to engage in protected concerted activities.
Collective Bargaining Laws
- New Mexico has laws governing collective bargaining for public sector employees, allowing them to negotiate terms and conditions of employment through representatives.
- Private sector employees in New Mexico are not covered by state-specific collective bargaining laws but are subject to federal labor laws under the NLRA.
Hiring/Firing Employees in New Mexico
New Mexico is an at-will employment state. Employers and employees can end their employment relationship at any time without notice and for any reason. But there are exceptions to the rule, which include:
- Discrimination or retaliation
- Public policy
- Employment contract
- Implied contract
- Intentional infliction of emotional distress
New Mexico is not a right-to-work state, meaning employees may be compelled to join a union or pay union dues as a condition of employment.
New Mexico employers must adhere to various local, state, and federal laws concerning pre-employment background checks, ensuring compliance with statutes like the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964.
Under New Mexico law, credit bureaus are restricted from reporting criminal convictions beyond seven years from the date of conviction or release from parole, with arrests and pending cases only reportable while pending and non-convictions not eligible for reporting.
The state enforces “ban-the-box” laws, prohibiting employers from inquiring about an applicant’s criminal history during initial application stages, with public employers restricted from asking until the applicant becomes a finalist, and private employers similarly restricted under recent legislation enacted in 2019.
There are no laws in New Mexico that regulate employment drug screening. However, drug screening and testing may be required for pre-employment for positions affecting the safety of the public.
New Mexico is an Equal Opportunity State that protects people from employment discrimination and is committed to equal-opportunity practices in compliance with state and federal laws.
Anti-Discrimination Laws in New Mexico
The New Mexico Human Rights Act is a state civil rights law that ensures equal services and accommodations regardless of race, religion, sexual orientation, and physical or mental handicap, similar to the protections offered by the ADA.
Under this act, individuals with physical or mental impairments that substantially limit major life activities are protected from discrimination. It encompasses a wide range of individuals, including those with a history of impairments or those perceived as having impairments.
Major life activities defined by the New Mexico Human Rights Act include caring for oneself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working, highlighting the breadth of activities covered under the act’s protections.
Employers in New Mexico may not discriminate against job applicants based on…
- Race
- Color
- Age
- Sex
- Sexual orientation
- Gender
- Gender identity
- National origin
- Religion
- Pregnancy
- Genetic information
- Family medical history
- Physical or mental disability
- Child or spousal support
- Citizenship or immigration status
- Military or veteran status
- Marital status
- Spousal affiliation
- Smoker or non-smoker
Employee Resignation or Termination in New Mexico
Navigating employee termination and resignation in New Mexico requires understanding the legal requirements and obligations of both employers and employees.
Legal Requirements for Termination
New Mexico is an at-will state, meaning that employers can terminate employees at any time and for any reason, as long as it is not discriminatory or retaliatory.
However, employers must ensure they comply with applicable federal and state anti-discrimination laws when terminating employees.
Handling Employee Resignation
Employees in New Mexico are not required to provide advance notice when resigning from their positions unless specified in an employment contract or company policy.
As an employer, you should conduct exit interviews and ensure a smooth transition process for departing employees to maintain positive relationships.
Unemployment Benefits in New Mexico
Workers in New Mexico are eligible for unemployment benefits if they…
- Become unemployed through no fault of their own
- Are laid off or have their work hours reduced, which results in less than full-time work
- Are discharged from work but not because of quitting or misconduct
- Are transferred from one business to another, and the business has different federal identification numbers or ownership
Use this website to start your application for unemployment benefits in New Mexico:
New Mexico Department of Workforce Solutions
COBRA Benefits in New Mexico
Separated employees in New Mexico may extend employer-provided health care coverage through COBRA, which stipulates…
- New Mexico’s version of the COBRA law allows employees to keep or continue their coverage for up to six months after a qualified event, such as termination of employment or reduction in hours.
- Employers must notify the insurer in writing within 30 days of the employee’s or dependent’s change of status and last known address.
Final Paychecks in New Mexico
Separated employees in New Mexico must receive their final paychecks…
- In New Mexico, if an employee is discharged and owed a definite amount of wages, the employer must provide the final paycheck within five days of the discharge.
- If an employee is paid based on piecework, tasks, or commission, the employer has up to 10 days after termination to issue the final paycheck.
- If an employee quits, the final paycheck is due on the next regularly scheduled pay date.
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NM Recordkeeping Requirements
Under the Fair Labor Standards Act (FLSA), employers in New Mexico must keep employment and payroll records.
1 Year
Employers must retain these documents for at least one year:
- All employment records from the employee’s termination date
2 Years
Employers must retain these documents for at least two years:
Basic employment and earning records, such as:
- Timecards
- Wage rates
- Job evaluations
- Wage-rate tables
- Wage additions and deductions
- Shipping and billing records
- Seniority and merit systems
- Collective bargaining agreements
3 Years
Employers must retain these documents for at least three years:
- Payroll records
- Employment contracts
- Notices
- Certificates
- Agreements
- Collective bargaining agreement
- Copies of employee I-9s for the first three years of employment
Penalties for Labor Law Noncompliance in New Mexico
Employers in New Mexico who violate any provision of the Minimum Wage Act may be charged with a misdemeanor and face sentencing according to the provisions outlined in Section 31-19-1 NMSA 1978.
In addition to potential criminal penalties, employers who violate the Minimum Wage Act may be liable to affected employees for their unpaid or underpaid minimum wages plus interest, as well as an additional amount equal to twice the unpaid or underpaid wages.
The director of the labor relations division of the workforce solutions department is responsible for enforcing and prosecuting violations of the Minimum Wage Act with the assistance of the district attorney.
The Labor Relations Division (LRD) is responsible for enforcing payment of wages, minimum wage, and overtime labor laws in New Mexico.
In New Mexico, labor law violations are investigated and addressed by…
The Bottom Line on New Mexico Labor Laws
Understanding New Mexico labor laws is essential for fostering a fair, safe, and productive work environment. Compliance not only protects the rights and well-being of employees but also mitigates legal risks and liabilities for employers. By adhering to state regulations, employers can demonstrate their commitment to ethical business practices and employee satisfaction.
For specific questions or concerns about New Mexico labor laws, we advise you to seek legal advice from qualified professionals familiar with state regulations. Legal experts can provide tailored guidance and assistance to ensure compliance and address any legal challenges that may arise.
By staying informed, proactive, and compliant with New Mexico labor laws, employers and employees can create a positive workplace culture built on fairness, respect, and legal integrity. Let’s continue to prioritize compliance and collaboration to foster thriving businesses and prosperous communities in the Land of Enchantment.
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Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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The minimum wage in New Mexico will remain at $12.00 per hour. House Bill 28, which would have increased the statewide minimum wage to $15.50 by 2026, did not advance further in the 2023 legislative session.
Yes, New Mexico is an at-will employment state. Both employers and employees can terminate the employment relationship at any time and for almost any reason, as long as the reason is not illegal.
Termination Flexibility: Employers can dismiss employees without notice and for various reasons, including performance issues or even no reason at all.
Employee Rights: Employees also have the right to resign from their positions at any time and for any reason.
Exceptions to At-Will Employment
While New Mexico generally follows the at-will employment doctrine, there are important exceptions:
Discrimination Protections: Employers cannot terminate employees based on protected characteristics such as race, gender, age, or disability.
Retaliation: Employees are protected from being fired for exercising their legal rights, such as filing a workers’ compensation claim or reporting illegal activities (whistleblowing).
Public Policy Exceptions: Employees cannot be terminated for reasons that violate public policy, such as refusing to engage in illegal activities or filing complaints about unsafe working conditions.
Implied Contracts: If an employer’s policies or practices imply job security or fairness, this may create an implied contract that can limit the employer’s ability to terminate the employee without cause.
In New Mexico, there is no legal requirement for employers to provide meal breaks or rest breaks. Therefore, you can work six hours without a lunch break if your employer does not offer one.
No Mandatory Breaks: New Mexico law does not mandate meal or rest breaks for employees. This aligns with federal law, which also does not require employers to provide breaks.
Employer Discretion: If an employer chooses to provide breaks, they must comply with federal regulations. Breaks lasting less than 20 minutes must be paid, while meal breaks of 30 minutes or more can be unpaid as long as the employee is completely relieved of all duties.
Specific Situations: Although there are no state laws requiring breaks, some employers may have their own policies that allow for breaks during shifts.
In New Mexico, exempt employees are those who are not entitled to overtime pay under the Fair Labor Standards Act (FLSA) and state law. These exemptions typically apply to specific categories of workers based on their job duties and salary levels.
Here are the primary types of exempt employees in New Mexico:
Executive Employees
- Primarily responsible for managing the enterprise or a recognized department
- Must regularly supervise two or more full-time employees
- Must have the authority to hire or fire other employees or make recommendations regarding employment status
Administrative Employees
- Perform office or non-manual work directly related to management or general business operations
- Exercise discretion and independent judgment on significant matters.
Professional Employees
- Include those in learned professions (e.g., lawyers, doctors) and creative professionals (e.g., artists, writers)
- Must typically require advanced knowledge in a field of science or learning
Outside Sales Employees
- Primarily engaged in making sales or obtaining orders outside the employer’s place of business.
Highly Compensated Employees
- Employees earning a total annual compensation of at least $132,964, with at least $844 per week paid on a salary basis
- Commissioned Sales Employees:
Employees who earn commissions primarily from sales of goods or services, provided they meet certain criteria.