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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
New Mexico does not have any laws requiring an employer to provide a meal period or
breaks to employees, thus the federal rule applies. However, if an employer chooses to
provide a break or meal period, it must be paid if it last less than 30 minutes. NM Dept. of
Workforce Solutions FAQs.
New Mexico does not have any laws requiring an employer to provide a meal period or
breaks to employees, thus the federal rule applies. However, if an employer chooses to
provide a break or meal period, it must be paid if it last less than 30 minutes. NM Dept. of
Workforce Solutions FAQs.
Vacation
In New Mexico, an employer is not required to provide employees with vacation benefits,
either paid or unpaid. NM Dept. of Workforce Solutions FAQs. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. NM Dept. of Workforce Solutions FAQs.
Neither New Mexico’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
Although New Mexico’s authorities are silent regarding many vacation policy issues, based
on the contractual emphasis New Mexico has placed on vacation policies, an employer is
likely free to implement the vacation policy of its choosing. NM Dept. of Workforce Solutions
FAQs. An employer would be required to comply with the terms of its policy or contract. NM
Dept. of Workforce Solutions FAQs.
In New Mexico, an employer is not required to provide employees with vacation benefits,
either paid or unpaid. NM Dept. of Workforce Solutions FAQs. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. NM Dept. of Workforce Solutions FAQs.
Neither New Mexico’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although New Mexico’s authorities are silent regarding many vacation policy issues, based
on the contractual emphasis New Mexico has placed on vacation policies, an employer is
likely free to implement the vacation policy of its choosing. NM Dept. of Workforce Solutions
FAQs. An employer would be required to comply with the terms of its policy or contract. NM
Dept. of Workforce Solutions FAQs.
Severance
New Mexico law does not require employers to provide employees with severance pay. NM
Dept. of Workforce Solutions FAQs. If an employer chooses to provide severance benefits,
it must comply with the terms of its established policy or employment contract.
New Mexico law does not require employers to provide employees with severance pay. NM
Dept. of Workforce Solutions FAQs. If an employer chooses to provide severance benefits,
it must comply with the terms of its established policy or employment contract.
Holidays
New Mexico law does not require employers to provide employees with either paid or
unpaid holiday leave. NM Dept. of Workforce Solutions FAQs. In New Mexico, an employer
can require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
New Mexico law does not require employers to provide employees with either paid or
unpaid holiday leave. NM Dept. of Workforce Solutions FAQs. In New Mexico, an employer
can require an employee to work holidays. An employer does not have to pay an employee
premium pay, such as 1 1/2 times the regular rate, for working on holidays, unless such
time worked qualifies the employee for overtime under standard overtime laws. If an
employer chooses to provide either paid or unpaid holiday leave, it must comply with the
terms of its established policy or employment contract.
Minimum Wage
New Mexico's current minimum wage is $7.50. NM Minimum Wage. Some exceptions
apply to New Mexico's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
New Mexico's current minimum wage is $7.50. NM Minimum Wage. Some exceptions
apply to New Mexico's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
New Mexico requires an employer to pay overtime to employees, unless otherwise exempt,
at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess
of 40 hours in a workweek. NM Dept. of Workforce Solutions FAQs. See FLSA: Overtime for
information.
New Mexico requires an employer to pay overtime to employees, unless otherwise exempt,
at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in excess
of 40 hours in a workweek. NM Dept. of Workforce Solutions FAQs. See FLSA: Overtime for
information.
Sick Leave
New Jersey law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. NM Dept. of Workforce Solutions FAQs. If an employer chooses to
provide sick leave benefits, it must comply with the terms of its established policy or
employment contract.
An employer in New Mexico may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
New Jersey law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. NM Dept. of Workforce Solutions FAQs. If an employer chooses to
provide sick leave benefits, it must comply with the terms of its established policy or
employment contract.
An employer in New Mexico may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employer for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten, or otherwise coerce an employee because the
employee receives a summons for jury service, responds to the summons, serves as a
juror, or attends court for prospective jury service.
An employer may not require or request an employee to use annual, vacation or sick leave
for time spent responding to a summons for jury service, participating in the jury selection
process, or serving on a jury.
New Mexico Stat. 35-5-18
An employer is not required to pay an employer for time spent responding to a jury
summons or serving on a jury.
An employer may not discharge, threaten, or otherwise coerce an employee because the
employee receives a summons for jury service, responds to the summons, serves as a
juror, or attends court for prospective jury service.
An employer may not require or request an employee to use annual, vacation or sick leave
for time spent responding to a summons for jury service, participating in the jury selection
process, or serving on a jury.
New Mexico Stat. 35-5-18
