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New Mexico Labor Laws 2025

New Mexico has labor protections including a $12 minimum wage, the Healthy Workplaces Act requiring paid sick leave for all employers, higher local minimum wages in Albuquerque ($13) and Santa Fe ($14.03), and fast final wage payment requirements.

Important: New Mexico's Healthy Workplaces Act requires paid sick leave for ALL employers (1+ employees), with up to 64 hours accrual per year. Local minimum wages in Albuquerque and Santa Fe are higher than the state rate.

Minimum Wage

New Mexico has a state minimum wage that exceeds federal law and will increase to $12 in 2026.

Key Requirements

  • State minimum wage: $12.00 per hour (as of January 1, 2024)
  • Tipped employees: $3.00/hour minimum cash wage (with tip credit)
  • Students and interns: May be paid 85% of minimum wage in certain circumstances
  • Albuquerque: $13.00/hour (higher local minimum)
  • Santa Fe: $14.03/hour (higher local minimum, 2024)

Additional Resources

Overtime

New Mexico follows federal overtime requirements under the FLSA with no additional state requirements.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime laws beyond federal requirements
  • Applies to all employers covered by FLSA

Additional Resources

Meal and Rest Breaks

New Mexico does not require employers to provide meal or rest breaks for adult employees.

Key Requirements

  • No state law requiring meal breaks for adult employees
  • No state law requiring rest breaks for adult employees
  • No specific break requirements for minors
  • If breaks are voluntarily provided, federal rules apply
  • Short breaks (5-20 minutes) must be paid if provided
  • Nursing mothers have right to express milk (federal requirement)

Additional Resources

Healthy Workplaces Act

New Mexico requires paid sick leave for employees.

Key Requirements

  • Accrual: 1 hour for every 30 hours worked
  • Maximum accrual: 64 hours per year
  • Applies to employers with 1 or more employees
  • Can be used for employee or family member illness, preventive care, or safe leave
  • Unused leave carries over but employer can cap at 64 hours

Additional Resources

Payment of Wages

New Mexico has specific requirements for wage payment frequency and timing.

Key Requirements

  • Employees must be paid at least semi-monthly (twice per month)
  • Payment must be made on regular paydays designated by employer
  • Final wages: Must be paid by next regular payday or within 5 days, whichever is sooner
  • Certain wage deductions require written authorization
  • Direct deposit allowed with employee written authorization

Additional Resources

Child Labor

New Mexico has comprehensive restrictions on youth employment.

Key Requirements

  • Work permits required for minors under 16 in certain situations
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 40 hours per week when school not in session
  • Ages 16-17: No hour restrictions but hazardous occupation restrictions apply
  • Federal child labor laws also apply

Additional Resources

Minimum Wage by Location

New Mexico has varying minimum wages by location:

State

$12.00/hour

Standard state rate

Albuquerque

$13.00/hour

Higher local minimum

Santa Fe

$14.03/hour

Highest in state (2024)

Healthy Workplaces Act - Paid Sick Leave

New Mexico's paid sick leave law applies to all employers:

Key Provisions:

  • Applies to ALL employers with 1 or more employees
  • Employees accrue 1 hour per 30 hours worked
  • Up to 64 hours can accrue per year (higher than most states)
  • Can be used for illness, preventive care, family care, or safe leave (domestic violence, sexual assault)

Final Wage Payment

New Mexico requires prompt payment of final wages:

Final wages must be paid by the next regular payday or within 5 days, whichever comes sooner.

This applies whether the employee quits or is discharged. The 5-day maximum ensures quick payment in most cases.

Local Minimum Wage Ordinances

Major cities in New Mexico have enacted higher local minimum wages:

  • Albuquerque: $13.00/hour with annual adjustments based on CPI
  • Santa Fe: $14.03/hour (2024) with annual adjustments, one of the highest in the state
  • Employers must pay the highest applicable minimum wage (federal, state, or local)

Navigate New Mexico's Labor Requirements

Rightwork automatically applies the correct minimum wage based on location (state, Albuquerque, or Santa Fe), tracks Healthy Workplaces Act sick leave accruals, and ensures timely final wage payments.

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