New Mexico Wage and Hour Laws

Wage and hour laws require employers to pay a minimum hourly wage, compensate employees for overtime worked, pay wages in a timely manner, and otherwise create a fair and just working environment. Both federal and state governments have the power to enact wage and hour laws.

New Mexico's wage and hour laws are contained in the New Mexico Minimum Wage Act; however, these state laws are required to comply with the federal wage and hour laws contained in the Fair Labor Standards Act (FLSA). The FLSA acts as a minimum standard that state laws aren't allowed to fall below. The chart below outlines the main aspects on New Mexico's wage and hour laws.

Code Section

New Mexico Minimum Wage Act

Minimum Wage Rate

The minimum wage in New Mexico (as of January 1st, 2009) is $7.50 per hour. However, some cities also have their own minimum wage rates. For example, the minimum wage in Albuquerque is $8.50 and $10.51 in Santa Fe.

Minimum Wage Exceptions

Agricultural Workers: An employer that provides food, utilities, supplies, or housing to an employee who is working in agriculture may deduct the reasonable value of these items from the employee's wages.

Tipped Employees: A tipped employee (an employee who customarily and regularly receives more than $30 a month in tips) can be paid a minimum hourly wage of at least $2.13.

Overtime Wage Rate

 

Overtime pay is required for time worked in excess of 40 hours in a week. An employee's overtime wage rate must be at least 1½ times the employee's regular hourly rate of pay.

Overtime Wage Exceptions

 

Employers are exempt from paying the following employees the overtime wage listed above:
  • Workers engaged in ginning cotton, if each employee isn't employed for more than 14 weeks in a calendar year
  • Workers engaged in agriculture, and
  • Workers employed by an air carrier providing scheduled passenger air transportation when the overtime isn't required by the employer and is arranged voluntarily among the employees as shift trades

Penalties

An employer who violates any provision of this act is guilty of a misdemeanor. Violators are also liable to the affected employees for their unpaid or underpaid minimum wages, plus interest.

Additional Resources

State laws change frequently. For case specific information regarding New Mexico's wage and hour laws contact a local employment attorney.

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