Login

Register

Login

Register

Employment and Labor Laws

New Mexico

Minimum Wage, Overtime, Hours and Leave


Minimum Wage

New Mexico’s current minimum wage is $10.50.

For more information on New Mexico’s minimum wage laws, visit our New Mexico Minimum Wage Laws page, which includes topics such as minimum wage, tip minimum wage, tip sharing and pooling, and subminimum wages.

Related topic covered on other pages include:


Overtime

New Mexico labor laws require an employer to pay overtime to employees, unless otherwise exempt, at the rate of 1½ times the employee’s regular rate of pay for all hours worked in excess of 40 hours in a workweek. NM Statute 50-4-22(D) See FLSA: Overtime for information.


Prevailing Wages

Under certain circumstances, employers in New Mexico may be required to pay residents wage rates established by the federal or state prevailing wage rates and rules. The prevailing wage rates may be different from the state’s standard minimum wage rates. Employees may be eligible for prevailing wages if they work on federal or state government or government-funded construction projects or perform certain federal or state government services. See the New Mexico Prevailing Wages, Davis-Bacon and Related Acts, McNamara-O’Hara Service Contract Act (SCA), and Walsh-Healey Public Contracts Act (PCA) for more information about prevailing wages.


Meals and Breaks

New Mexico labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the employee is free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.

Nursing Mother Breaks

New Mexico labor laws require employers to provide employees who are nursing mothers flexible break times to utilize a breast pump at work. Additionally, employers must provide a space for using the breast pump that is:

  • clean and private
  • near the employee’s workspace
  • not a bathroom

Employers are not responsible for:

  • storage or refrigeration of breast milk
  • payment for a nursing mother’s break time in addition to established employee breaks
  • payment of overtime while a nursing mother is using a breast pump

NM Statute 28-20-2


Vacation Leave

Information about New Mexico vacation leave laws may now be found on our New Mexico Leave Laws page.


Sick Leave

Information about New Mexico sick leave laws may now be found on our New Mexico Leave Laws page.


Holiday Leave

Information about New Mexico holiday leave laws may now be found on our New Mexico Leave Laws page.


Jury Duty Leave

Information about New Mexico jury duty leave laws may now be found on our New Mexico Leave Laws page.


Voting Leave

Information about New Mexico voting leave laws may now be found on our New Mexico Leave Laws page.


Severance Pay

New Mexico labor laws do 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.


Unemployment

Under certain circumstances, New Mexico residents may be eligible for unemployment benefits while they search for another job. You are required to certify that you are unemployed on a weekly basis to receive these benefits. See New Mexico State Unemployment Benefits.


Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.

Employment Law Updates

Laws change in a moment.

Sign up to stay informed.

Visiting on behalf of:

Have employees in more than one state? SUBSCRIBE HERE!

THANK YOU FOR SUBSCRIBING!

Please visit your email to confirm your subscription so you can start receiving employment law updates.