New Mexico – Wage Payment Laws

Frequency of Wage Payments

An employer must designate regular pay days no more than sixteen (16) 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 10th day of the following month. An employer may pay professional, administrative or executive employees, or outside salesman one time per month. New Mexico Stat. 50-4-2

Manner of Wage 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

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 five (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 ten (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 timely 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.

New Mexico Stat. 50-4-2

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.

Pre-hire Medical, Physical, or Drug Tests

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

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

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

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.