The New Mexico Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. 

$12.00 per hour for most employees (as of 2024)

Cities that have higher minimum wage:

• Santa Fe: $14.60 per hour

• Santa Fe County: $14.60

• Las Cruces: $12.36 per hour

→ Learn more about Deputy's labor law compliance software

Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

$3.00 per hour for most tipped employees (as of 2024)

New Mexico city and county-specific tipped minimum wage:

• Santa Fe County: $4.38 per hour

• Albuquerque: $7.50 per hour

• Las Cruces: $4.95 per hour

New Mexico generally follows the federal Fair Labor Standards Act (FLSA), which requires non-exempt employees to receive paid time and a half for every hour worked over 40 hours within a workweek. However, there are exceptions for police officers, firefighters, and employees working in hospitals and nursing homes. 

State employees have the option of choosing between overtime pay and compensatory time, which is paid at the same rate as overtime pay.

New Mexico wage and hour laws do not generally require employers to provide a meal or rest break to their employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal 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 completely relieved of all duties and is free to do as they wish during the meal or lunch period.

→ Find out how Deputy can help you simplify meal and rest break compliance

Vacation leave
New Mexico does not require employers to provide paid time off to their employees. The employer can choose to offer vacation leave at their discretion. 

Paid Sick Leave
New Mexico has statewide paid sick leave laws that provide certain employees with 1 hour of paid sick leave for every 30 hours worked. 

Holidays
New Mexico state law does not require employers to provide paid or unpaid holiday leave.

→ Learn more about Deputy's leave management software

In New Mexico, the minimum age to work is 14 years old. 

Laws and working hours for 14-15 years old:

• Can work 3 hours per day and 18 hours per week when school is in session.

• Can work 8 hours per day and 40 hours per week when school is not in session.

• Can work between 7 AM - 7 PM – except from June 1st through Labor Day when hours are extended to 9PM.

• A work permit can be obtained from the minor’s school, the superintendent's office, or the New Mexico Department of Workforce Solutions.

• If a minor makes more than $1,000 from their work, their parent or guardian must create a trust account for them within 7 business days of signing their employment contract.

Laws and working hours for 16-17 years old:

• May not work after 7 PM when school is in session and past 9 PM in the summer months.

Hiring
New Mexico’s Human Rights Act prohibits discrimination against the following characteristics:  

• Race

• Color

• Gender

• Sexual orientation

• Religion

• National origin

• Pregnancy

Firing
New Mexico employers have the right to terminate employees at will for nearly any reason or no reason at all provided the reason is not unlawful. However, they cannot fire an employee for discrimination, retaliation, or violation of an employment contract.