New Mexico Payroll Laws (2023 Guide For Employers)

What do you know about New Mexico payroll laws?

Straight off the bat, here are a few key points:

• The minimum wage in New Mexico is currently $12.00 per hour.
• Employers must provide unpaid time off for jury duty.
• Employers must provide up to two hours of paid leave to vote in certain elections.
• The overtime rate is 1.5 times the employee’s regular rate of pay.

Understanding the complexities of New Mexico’s payroll and employment laws can involve absorbing a lot of information. It’s essential for both employees and employers to familiarize themselves with these regulations to guarantee they are in compliance.

Without wasting any time, let’s dive in.

Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on New Mexico payroll laws.

Minimum Wage in New Mexico

The minimum wage in New Mexico is currently $12.00 per hour, with some exceptions.

This rate is higher than the federal minimum wage of $7.25 per hour.

Certain municipalities, such as Albuquerque and Santa Fe County, have established their own minimum wage rates, which are higher than the state minimum wage.

Tipped employees, such as waitstaff and bartenders, have a separate hourly wage rate.

In New Mexico, tipped employees must be paid at least $2.13 per hour, with tips making up the difference between their hourly rate and the state minimum wage.

Overtime Laws in New Mexico

New Mexico labor laws require employers to pay overtime to employees who work more than 40 hours in a single workweek.

Overtime pay is calculated at one and a half times the employee’s regular hourly rate.

Certain exemptions exist for specific types of employees, such as those working on a commission basis or seasonal employees.

Time Off & Leave Laws in New Mexico

New Mexico labor laws provide employees with various types of leave, including sick leave, medical leave, jury duty leave, and voting leave.

Employers are not required by state law to provide paid time off (PTO) for vacation or personal leave; however, they may choose to offer PTO as part of their employee benefits package.

Medical Leave in New Mexico

New Mexico follows the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons, such as the birth of a child, a serious health condition, or to care for a family member with a serious health condition.

Jury Duty Leave & Voting Leave in New Mexico

New Mexico labor laws require employers to provide employees with unpaid time off for jury duty and up to two hours of paid leave to vote in certain elections.

Payday Laws in New Mexico

New Mexico requires employers to establish regular paydays for their employees.

Employers must pay their employees at least twice per month, with no more than 16 days between paydays.

If an employee is terminated or resigns, the employer must pay the employee’s wages within five days of the termination date or on the next regular payday, whichever comes first.

Wage Deductions in New Mexico

New Mexico law prohibits employers from making deductions from an employee’s wages for cash shortages, lost or stolen property, or damages, unless the employee has voluntarily signed a written agreement allowing such deductions.

Penalties for Non-Payment of Wages

If an employer fails to pay an employee in accordance with New Mexico wage laws, the employee may file a wage claim with the New Mexico Department of Workforce Solutions.

Employers found to be in violation of wage laws may be required to pay back wages, penalties, and fines.

Child Labor Laws in New Mexico

New Mexico child labor laws regulate the employment of minors, including work hours and work permit requirements.

Minors under the age of 16 must obtain a work permit to be employed during school hours.

During a school week, minors aged 14 and 15 may work up to three hours per school day and eight hours per non-school day, with a maximum of 18 hours per school week.

Minors aged 16 and 17 may work up to eight hours per school day, with a maximum of 40 hours per school week.

Employers must also adhere to restrictions on the type of work minors can perform and ensure that their employment does not interfere with their education.

Workplace Discrimination and Harassment

New Mexico labor laws prohibit discrimination and harassment in the workplace based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, and other protected characteristics.

These protections extend to hiring, firing, compensation, and other terms and conditions of employment.

Workers’ Compensation in New Mexico

New Mexico employers are generally required to carry workers’ compensation insurance to provide benefits to employees who are injured or become ill as a result of their job.

Workers’ compensation coverage helps to cover medical expenses and lost wages for employees who are unable to work due to a work-related injury or illness.

Meal Breaks & Rest Periods in New Mexico

New Mexico labor laws do not require employers to provide meal breaks or rest periods for their employees.

However, federal law under the Fair Labor Standards Act (FLSA) states that if an employer chooses to provide a break lasting 20 minutes or less, it must be paid.

Meal breaks lasting 30 minutes or longer can be unpaid, as long as the employee is relieved of all work duties during that time.

Human Rights & Workplace Discrimination in New Mexico

New Mexico is committed to upholding human rights in the workplace.

Employers are prohibited from discriminating against employees based on race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, and other protected characteristics.

New Mexico Payroll Laws (Closing Thoughts)

We hope this article has given you a basic understanding of payroll and labor laws in New Mexico.

Those familiar with New Mexico laws and regulations can navigate the workplace effectively and ensure compliance.

Whether you’re an employee or employer, it’s essential to know about New Mexico payroll and employment laws.

Disclaimer: Not Legal Advice

This blog post provides a general overview of New Mexico labor laws but does not constitute legal advice.

Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations.

Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.

If you have any questions about your rights or obligations as an employer or employee in New Mexico, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation.

By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.

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