New 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.

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FAQs
What is the minimum wage in New Mexico for 2025?

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. 

Is New Mexico an at-will state?

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.

Can I work six hours without a lunch break in New Mexico?

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. 

What are exempt employees in New Mexico?

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

 

  1. Commissioned Sales Employees:

Employees who earn commissions primarily from sales of goods or services, provided they meet certain criteria.

 

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