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The New Mexico labor laws are meant to give protection to employees against unfair treatment. Although minimum standards are guaranteed under federal law, every state has the power within its own jurisdiction to follow the laws, and laws may differ between states.
As per these New Mexico Employment Laws, both employers and employees must also be aware of when their rights change as a result of state statutes.
Standard Working Hours & Wages
The Department of Workforce Solutions ensures that workers receive fair pay under both state and federal law. The state sets a minimum wage, but if a city or county establishes a higher rate, employers must follow the higher standard.
Minimum Wages
As of New Mexico labor laws for salaried employees 2025, the state minimum wage in New Mexico is $12.00 per hour. Albuquerque also has its own wage standard to ensure that workers there earn more than the state minimum wage. New Mexico’s law applies to many workers and only has limited exclusions.
For the majority of employers, the requirement is that the employer pays the highest applicable wage rate so that workers receive equitable pay.
Overtime Laws
In New Mexico, overtime pay is established according to federal standards found in the Fair Labor Standards Act (FLSA). Non-exempt employees must be compensated at one and one-half times their regular rate of pay for any hours worked more than 40 hours during a 7-day workweek. This applies to both hourly and salaried employees unless they are determined to be exempt.
These include:
- Executive, administrative, and professional employees who meet the Duties Test and earn a salary of $684 or more per week, which is equivalent to $35,568 annually.
- Agricultural workers and employees involved in cotton ginning.
- Outside sales employees.
Employers in New Mexico cannot compensate employees for overtime pay by means of compensatory time off; this is the law.
Tipped Minimum Wages
As per the New Mexico Labor Laws 2025, employers may pay tipped employees a cash wage of $3.00 per hour if tips bring them up to at least the full minimum wage of $12.00 per hour.
Employers cannot take deductions, either, or use tip pools that include employees who do not earn tips.
Breaks And Meal Periods
Neither federal law nor New Mexico labor laws lunch break require private employers to provide meal or rest breaks to adult employees.
However, if an employer does provide short rest breaks of 5 to 20 minutes, the Fair Labor Standards Act (FLSA) requires that this time be considered paid work time.
Ultimately, whether employees receive breaks is up to the employer’s policy, not as per the New Mexico labor laws for lunch breaks, but if they are provided, employers must follow federal compensation rules to ensure compliance.
Child Labor Laws
The New Mexico labor laws for minors are intended to protect minors while permitting them to receive work experience in a safe environment. The relevant statutes at law primarily consist of both the state statutes and the federal Fair Labor Standards Act, with some specific New Mexico requirements.
Some jobs are absolutely prohibited for minors for safety reasons. Minors age 18 or younger cannot be a worker in an industrial hazardous occupation such as roofing, demolition, meat processing, or any occupation involving the construction, operation, repair or replacement, or maintenance of a machine.
| Condition | Daily Limit | Weekly Limit | Permitted Hours |
| When in educational programming | Up to 3 hours per day | Up to 18 hours per week | Between 7 a.m. and 7 p.m. |
| When not in educational programming | Up to 8 hours per day | Up to 40 hours per week | Between 7 a.m. and 9 p.m. |
Leave Laws In New Mexico
New Mexico has several leave laws in place to protect employees when personal, medical, or civic responsibilities arise.
| Type of Leave | Details |
| Family and Medical Leave Act (FMLA) | Qualified employees can take up to 12 weeks of unpaid leave per year for specific purposes, such as: a serious illness, taking care of an immediate family member with a serious illness, the birth of a child, adoption, or placement with a foster child. |
| Domestic Abuse Leave | Employees who are victims of domestic violence, sexual assault, or stalking can take up to 14 days of unpaid leave within a year, in single days of no greater than 8 hours. |
| Jury Duty Leave | Employers are required to permit employees to take unpaid leave for jury service. |
| Voting Leave | New Mexico law provides employees with a paid leave of a maximum of two hours so they can vote, unless their work schedule reasonably allows adequate time to vote. |
| Military Leave | Workers who have served in the military or a National Guard unit qualify for military leave and restoration, based on the branch of service and type of service. |
| Pregnant Worker Accommodation Act (PWA) | Employers with 4 or more employees are required to provide reasonable accommodations to pregnant employees or employees who have just given birth, including adjustments to job responsibilities, working schedule, or workplace environment. |
| Paid Sick Leave | Employees are under the Healthy Workplaces Act, entitled to 1 hour of sick leave for each 30 hours worked, up to 64 hours annually. |
| Paid Family and Medical Leave (PFML) Proposals | New Mexico lawmakers introduced a PFML program to provide up to 12 weeks of paid leave, but it was voted down in February 2024 by a narrow margin. |
Workplace Safety And Health
Workplace safety in New Mexico is regulated by the New Mexico Occupational Health and Safety Bureau (NM OSHA), a state agency within the New Mexico Environment Department and authorized by federal OSHA. NM OSHA regulates occupational safety and health standards for the majority of private and public sector employers within New Mexico, although federal OSHA continues to govern maritime operations, federal employees, and military bases.
Employers are required under New Mexico’s safety plan to:
- Ensure a workplace that is free from hazards that are known to cause severe injury or death.
- Display the official NM OSHA workplace poster detailing employee rights and duties.
- Abide by all state occupational safety and health rules.
- Train workers on job-specific hazards and proper safety procedures.
Workers are entitled to a safe environment and may report hazards without the possibility of retaliation. NM OSHA can make inspections upon the occurrence of accidents, worker complaints, or targeted enforcement initiatives.
Taxes in New Mexico
The tax code of New Mexico balances the burden on citizens and businesses by combining state income, corporate, sales, and property taxes to pay for public services.
Depending on income level, New Mexico’s graduated tax system has rates that range from 1.70% to 5.90%.
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Curious Minds Also Ask
What are the labor laws in New Mexico?
The laws regarding the minimum wages, break time, taxes, child labor laws, etc, are the New Mexico labor laws. They are made to protect the workers for their rights.
Can I work 6 hours without a lunch break in New Mexico?
There is no break or rest law in New Mexico except for minors. But if any company or employer has their own policy, then it may be mandatory.
How many days in a row can you work without a day off in New Mexico?
No, there is no rule included in New Mexico Employment Laws regarding working consecutively. Employers can schedule employees’ working hours and days.
How long does an employer have to pay you after termination in New Mexico?
Once the employer terminates the employees, within 5 days, the final wages must be paid. Moreover, if the employee quits immediately, then on the next pay day, the employer needs to pay.
How many hours is considered full-time in New Mexico?
40 hours a week is considered full-time working in New Mexico. If a worker or employee is working more than that, the employer needs to pay overtime.
Do you have to pay out PTO in New Mexico?
New Mexico does not require payout of PTO, but employers are obligated to abide by their written contract or policy.
How many hours is part-time in New Mexico?
Part-time would normally be less than 30 hours a week, although specific definitions may vary with the employer’s policy.
How many sick days are there in New Mexico?
Employees accrue at least 1 hour of sick leave for every 30 hours worked, up to 64 hours annually.
What is wrongful termination in New Mexico?
Wrongful dismissal involves dismissal for discrimination, retaliation, or breach of contract of employment.
Is it legal to work 8 hours without a break in New Mexico?
Yes, adults can be legally required to work 8 hours straight; only minors have been entitled to break protections.
What is the law on final paychecks in New Mexico?
Final pay must be paid out within 5 days if dismissed, or on the next payday if the employee quits.
Is a termination letter required in New Mexico?
No, employers are not mandated by New Mexico law to issue a dismissal letter.
What is the HWA law in New Mexico?
The Healthy Workplaces Act mandates all employers to offer paid sick leave for employees.
Can an employer require a doctor’s note in New Mexico?
Yes, employers can ask for a doctor’s note for two or more consecutive days of absence.
Can you sue your employer in New Mexico?
Yes, workers can sue for wrongful discharge, discrimination, retaliation, or wage theft.
What is a livable wage in NM?
A decent wage in New Mexico is estimated at $17–$20 an hour, depending on costs and place.
How much does Walmart pay in New Mexico?
New Mexico Walmart workers earn about $15–$18 an hour, depending on position.
Does New Mexico require PTO payout upon termination?
No, PTO payout is not mandatory, but companies need to adhere to their own plan or contracts.
Are lunch breaks mandatory in New Mexico?
No, lunch breaks aren’t obligatory in New Mexico for adult employees.
Can you be fired without cause in New Mexico?
Yes, New Mexico is an at-will state, so workers can be discharged without issue unless illegal.
How do I file a complaint against my employer in New Mexico?
Complaints may be made to the New Mexico Department of Workforce Solutions or the U.S. Department of Labor.
FAQ's
What is the minimum wage in New Mexico for 2025?
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As of January 1, 2025, New Mexico’s statewide minimum wage is $12.50 per hour. However, some cities or counties may set higher local minimum wages, so employers should verify local requirements.
Does New Mexico require paid sick leave for employees in 2025?
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Yes. Under the Healthy Workplaces Act, employees are entitled to earn and use paid sick leave. Workers accrue at least 1 hour of paid sick leave for every 30 hours worked, up to 64 hours per year, unless an employer provides more generous benefits.
Are New Mexico employers required to provide meal or rest breaks in 2025?
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New Mexico labor laws do not mandate meal or rest breaks for adult employees. However, federal law requires that short breaks (typically 5–20 minutes) be paid if offered. Employers may choose to provide meal and rest breaks as part of company policy.
What are the overtime rules in New Mexico for 2025?
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New Mexico follows federal overtime law (FLSA). Employees classified as non-exempt must receive 1.5 times their regular rate of pay for all hours worked beyond 40 in a workweek.
