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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.
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.
Payment upon Separation from Employment
Employees who are fired, discharged, terminated, or laid off
When an employee is discharged from employment by the employer, the employer must
pay the employee all wages due within 5 days of the discharge if the wages are a fixed an
definite amount. If wages are based on a task, piece, commission basis or other method
of calculation, the employer must pay the discharged employee within 10 days of the
discharge. New Mexico Stat. 50-4-4
Employees who quit or resign
When an employee voluntarily leaves employment, the employer must pay the employee all
wages due by the next regular payday. New Mexico Stat. 50-4-5
Employees who are suspended or resigns due to a labor dispute (strike)
When an employee leaves employment as a result of a labor dispute, the employer must
pay the employee by the next regular pay day. New Mexico Stat. 50-4-6
Wages in Dispute
In case of dispute between an employer and employee over wages, the employer must
give written notice to the employee of the amount of wages which he concedes to be due
and timley pay that amount, without condition. The acceptance by the employee of any
payment of uncontested wages, shall not constitute a release as to the balance of his
claim. New Mexico Stat. 50-4-7
Employees who are fired, discharged, terminated, or laid off
When an employee is discharged from employment by the employer, the employer must
pay the employee all wages due within 5 days of the discharge if the wages are a fixed an
definite amount. If wages are based on a task, piece, commission basis or other method
of calculation, the employer must pay the discharged employee within 10 days of the
discharge. New Mexico Stat. 50-4-4
Employees who quit or resign
When an employee voluntarily leaves employment, the employer must pay the employee all
wages due by the next regular payday. New Mexico Stat. 50-4-5
Employees who are suspended or resigns due to a labor dispute (strike)
When an employee leaves employment as a result of a labor dispute, the employer must
pay the employee by the next regular pay day. New Mexico Stat. 50-4-6
Wages in Dispute
In case of dispute between an employer and employee over wages, the employer must
give written notice to the employee of the amount of wages which he concedes to be due
and timley pay that amount, without condition. The acceptance by the employee of any
payment of uncontested wages, shall not constitute a release as to the balance of his
claim. New Mexico Stat. 50-4-7
Deductions from Wages
An employer can deduct the following from an employee's paycheck only if the employee
has consented in writing:
- cash shortages
- breakage, damage, or loss of the employer's property
- uniforms
- required tools
- other items necessary for employment
An employer may not deduct, withhold or divert wages from an employee's paycheck,
unless:
- required or permitted to do so by state or federal law or court order, or
- the employee has consented to the deduction in writing.
NM Dept. of Workforce Solutions FAQs
Uniforms, Tools, and Other Equipment Necessary for Employment
New Mexico does not have any laws prohibiting an employer from requiring an employee to
purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
New Mexico does not have any laws prohibiting an employer from requiring an applicant or
employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.
An employer can deduct the following from an employee's paycheck only if the employee
has consented in writing:
- cash shortages
- breakage, damage, or loss of the employer's property
- uniforms
- required tools
- other items necessary for employment
An employer may not deduct, withhold or divert wages from an employee's paycheck,
unless:
- required or permitted to do so by state or federal law or court order, or
- the employee has consented to the deduction in writing.
NM Dept. of Workforce Solutions FAQs
Uniforms, Tools, and Other Equipment Necessary for Employment
New Mexico does not have any laws prohibiting an employer from requiring an employee to
purchase a uniform, tools, or other items necessary for employment.
Medical or Physical Exams, including Drug Tests, Required for Employment
New Mexico does not have any laws prohibiting an employer from requiring an applicant or
employee to pay the cost of a medical examination or the cost of furnishing any records
required by the employer as a condition of employment.
Notice of Wage Reduction
An employer must advise an employee of any change to his or her wage rate before the
hours are worked. NM Dept. of Workforce Solutions FAQs
An employer must advise an employee of any change to his or her wage rate before the
hours are worked. NM Dept. of Workforce Solutions FAQs
Statement of Wages (Pay Stub)
An employer must provide employees a written receipt identifying the employer and setting
forth the employee's gross pay, the number of hours worked, the total wages and benefits
earned, and an itemized listing of all deductions withheld from the employee's wages. New
Mexico Stat. 50-4-2
An employer must provide employees a written receipt identifying the employer and setting
forth the employee's gross pay, the number of hours worked, the total wages and benefits
earned, and an itemized listing of all deductions withheld from the employee's wages. New
Mexico Stat. 50-4-2
Record Keeping Requirements
An employer must keep for a minimum of on year a true and accurate record of hours
worked and wages paid to each employee. New Mexico Stat. 50-4-9
An employer must keep for a minimum of on year a true and accurate record of hours
worked and wages paid to each employee. New Mexico Stat. 50-4-9
Frequency of Wage Payments
An employer must designate regular pay days no more than sixteen days apart. An
employer must pay employees for wages earned during the 1st to 15th day of the month by
the 25th of the month, and for wages earned during the 16th to last day of the month by the
tenth day of the following month. An employer may pay professional, adminstrative or
executive employees, or outside salesman one time per month. New Mexico Stat. 50-4-2
An employer must designate regular pay days no more than sixteen days apart. An
employer must pay employees for wages earned during the 1st to 15th day of the month by
the 25th of the month, and for wages earned during the 16th to last day of the month by the
tenth day of the following month. An employer may pay professional, adminstrative or
executive employees, or outside salesman one time per month. New Mexico Stat. 50-4-2
Manner of Payments
An employer may pay wages by
- cash,
- check redeemable at full face value, and
- direct deposit, if agreed to by the employer and employee.
New Mexico Stat. 50-4-2
Direct Deposit
An employer may pay wages by direct deposit, if the employee agrees to be paid by direct
deposit. New Mexico Stat. 50-4-2
An employer may pay wages by
- cash,
- check redeemable at full face value, and
- direct deposit, if agreed to by the employer and employee.
New Mexico Stat. 50-4-2
Direct Deposit
An employer may pay wages by direct deposit, if the employee agrees to be paid by direct
deposit. New Mexico Stat. 50-4-2
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
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Notice Requirements
New Mexico does not have any laws requiring employers to provide employees, whether at
hire or at any other time, of notice of wage rates, dates of pay, employment policies, fringe
benefits, or other terms and conditions of employment.
New Mexico does not have any laws requiring employers to provide employees, whether at
hire or at any other time, of notice of wage rates, dates of pay, employment policies, fringe
benefits, or other terms and conditions of employment.
| Wage Payment Laws for Private Sector Employers |
Topics Covered:
- Frequency of Wage Payments
- Manner of Payments
- - Direct Deposit
- Payment upon Separation from Employment
- - Employees who are fired, discharged, or terminated
- Employees who quit or resign
- Employees who is suspended or resigns due to a labor dispute (strike)
- Employees who are laid off
- Wages in Dispute
- Deductions from Wages
- - Cash shortages
- Damage, loss or destruction of employer property
- Dishonored or returned checks
- Uniforms
- Tools and other items necessary for employment
- Pre-hire medical, physical, or drug tests
- Notice of Wage Reduction
- Statement of Wages (Pay Stub)
- Record Keeping Requirements
- Notice Requirements
