New Mexico Minimum Wage Laws




Minimum wage

New Mexico’s current minimum wage is $7.50. NM Statute 50-4-22.

As of January 1, 2014, the minimum hourly wage for Albuquerque is $8.60. It is $7.60 if the employer provides healthcare and/or childcare benefits to the employee during any pay period and the employer pays an amount for these benefits equal to or in excess of an annualized cost of $2,500.00.Albuquerque Minimum Wage.

Effective March 1, 2013, Santa Fe minimum wage is $10.66 per hour.

New Mexico employers 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. In most instances in New Mexico, the New Mexico minimum wage will apply as it generally guarantees a higher wage rate for employees than federal law.





Tip minimum wage

New Mexico’s minimum wage for tipped employees is $2.13.

Employers may pay the tipped wage rate to employees who customarily and regularly receives more than $30 in tips per month. If employers choose to pay employees the tipped minimum wage, they must also ensure the employees are paid the standard minimum wage when tipped wages earned are combined with tips received. If employees are not paid the standard minimum wage when tipped wages earned are combined with tips received, employer must make up the difference. Tips received by employees must be retained by them. NM Statute 50-4-22(C).



Tip pooling and sharing

New Mexico minimum wage laws allow employees to participate in tip pooling or tip sharing arrangements. It does not address whether employers may require employees to participate in tip pooling or tip sharing arrangements, but it does not specifically prohibit employers from doing so. NM Statute 50-4-22(C).



Subminimum wage

Employees with disabilities

New Mexico minimum wage laws authorize the Director of the Labor and Industrial Division of New Mexico’s Department of Labor to implement regulations permitting employers to obtain special certificates allowing them to paying employees with disabilities subminimum wage rates no less than 50 percent of the standard minimum wage. NM Statute 50-4-23



Trainees

New Mexico minimum wage laws do not permit employers to pay trainees a subminimum wage rate that is less than the standard minimum wage.



Apprentices

New Mexico minimum wage laws exempts apprentices from its minimum wage and overtime requirements. NM Statute 50-4-22(C)(7). Wage requirements for apprentices and learners are addressed in New Mexico Statute 50-7-1 et al.



Learners

New Mexico minimum wage laws exempt learners from its minimum wage and overtime requirements. NM Statute 50-4-22(C)(7).



Student learners

New Mexico minimum wage laws exempt student learners from its minimum wage and overtime requirements. NM Statute 50-4-22(C)(7).



Student workers

New Mexico minimum wage laws do not allow employers to pay student workers a subminimum wage rate that is less than the minimum wage, unless otherwise exempt.