by The Brightmine Editorial Team
New Mexico has laws that provide greater protections to employees than federal law, including a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as occupational safety and overtime pay.
Select New Mexico employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
Equal Employment Opportunity (EEO) and worker protections
New Mexico employers may be required to comply with requirements related to EEO and worker protections.
Fair employment practices
The New Mexico Human Rights Act (NMHRA) protects employees from discrimination and harassment based on protected characteristics, such as:
- Race (including hair texture, protective hairstyles and other traits historically associated with race);
- Color;
- Ancestry;
- National origin;
- Religion;
- Physical or mental handicap or serious medical condition;
- Sex;
- Pregnancy, childbirth or condition related to pregnancy or childbirth;
- Age;
- Sexual orientation;
- Gender identity; and
- Spousal affiliation.
The NMHRA generally applies to employers with four or more employees; however, the threshold for discrimination based on spousal affiliation is 50 or more employees.
In addition, the NMHRA prohibits retaliation against an employee who opposes unlawful discrimination or who files a complaint, testifies or participates in any proceeding under the act.
Equal pay
The Fair Pay for Women Act prohibits an employer from discriminating within any establishment between employees based on sex by paying lower wages to employees of the opposite sex for equal work on jobs that require equal skill, effort and responsibility and that are performed under similar working conditions. Exceptions may only be made under a seniority system, a merit system or a system that measures earnings by quantity or quality of production.
Pay transparency
New Mexico does not have a pay transparency law applicable to private employers.
Salary history inquiry restrictions
New Mexico does not restrict an employer from inquiring into or relying upon an applicant’s salary history.
Employee wage disclosure rights
New Mexico does not have a wage disclosure law applicable to private employers.
Pregnancy accommodation
The NMHRA requires an employer with four or more employees to provide reasonable accommodations to employees and applicants for pregnancy, childbirth, or a related condition. A reasonable accommodation means a modification or adaptation of the work environment, work schedule, work rules or job responsibilities that is reached through good faith efforts to explore less restrictive or less expensive alternatives that will enable an employee to perform the essential functions of the job, and that does not impose an undue hardship on the employer.
Breastfeeding breaks
A New Mexico employer must provide flexible break times to allow a nursing mother to pump breast milk at work. An employer does not need to pay for a nursing mother’s break time in addition to established employee breaks.
Access to personnel files
New Mexico law does not require private employers to provide employees with access to their personnel files.
Whistleblower protections
New Mexico does not have a whistleblower law applicable to private employers.
Scheduling
New Mexico does not have a scheduling law applicable to private employers.
Recruiting and hiring
New Mexico employers may be required to comply with requirements related to recruiting and hiring.
Credit checks
New Mexico does not have requirements for private employers related to credit checks.
Ban the Box and Fair Chance
New Mexico employers using written or electronic employment applications may not inquire about a job applicant’s criminal history or conviction on a job application. They may, however, take an applicant’s conviction into consideration after reviewing the employment application and upon discussing employment with the applicant.
E-Verify
There are no state-specific requirements for private employers related to the use of E-Verify in New Mexico.
Wage and hour
New Mexico employers may be required to comply with certain wage and hour requirements.
Minimum wage
New Mexico’s minimum wage is higher than the federal minimum wage. Currently, the state minimum wage is $12.00 per hour, with certain exceptions.
Overtime
Nonexempt employees generally must be paid overtime at the rate of one and one-half times the employee’s regular hourly rate for hours worked in excess of 40 hours in any workweek.
Meal and rest breaks
New Mexico employers are not required to provide lunch breaks, coffee breaks or rest periods. However, employers may not make deductions from wages if less than 30 minutes is allowed for these breaks.
Child labor
Child labor laws in New Mexico restrict the occupations in which minors may be employed and the number of hours and times during which they may work.
All minors are prohibited from working in certain workplaces, including:
- Any underground mine or quarry; and
- Any place where explosives are used.
Minors who are under 16 years of age are prohibited from working in a variety of other occupations, including any employment dangerous to lives and limbs, or injurious to the health or morals of children under the age of 16.
Minors who are 14 to 15 years of age may not work:
- Before 7:00 a.m. or after 7:00 p.m. during the calendar school year (after 9:00 p.m. outside the calendar school year);
- More than three hours per day on school days;
- More than eight hours per day when school is not in session;
- More than 18 hours in school weeks; and
- More than 40 hours in a nonschool weeks.
Different hours of work apply to minors employed in the performing arts.
New Mexico requires most working minors under 16 years of age to obtain a work permit.
Pay and benefits
New Mexico employers may be required to follow certain requirements with respect to employee pay and benefits.
Wage payment methods
Employee wages must be paid in cash, or by checks, payroll vouchers or drafts on banks, convertible into cash on demand at full face value. Wages may be paid by direct deposit under certain circumstances.
Pay frequency and lag time
Nonexempt employees must be paid on regular paydays designated in advance. Employees may be paid semimonthly, up to 16 days apart.
Exempt employees may be paid on a monthly basis, unless a collective bargaining agreement provides otherwise.
Pay deductions
Other than for required federal or state taxes (including Social Security and Medicare (FICA)), New Mexico law prohibits an employer from making deductions from an employee’s wages without written authorization from the employee or a court order.
Pay statements
New Mexico employers are required to provide employees with a written receipt of certain pay-related information, including:
- The identity of the employer;
- Hours worked;
- Gross pay;
- Itemized deductions; and
- Total wages and benefits earned.
Wage theft
New Mexico does not have a wage theft law applicable to private employers.
Health care continuation
Under New Mexico law, an employer must offer continuation of heath care coverage for up to six months to an employee and their covered dependents who lose coverage due to termination of employment. After six months, a conversion policy must be offered.
A New Mexico employer also must provide continued coverage through a converted or separate policy to an employee’s covered dependents upon the employee’s death, divorce or legal separation.
Temporary disability insurance
New Mexico does not have requirements for private employers related to temporary disability insurance.
Time off and leaves of absence
New Mexico employers may be required to follow certain requirements with respect to time off and leaves of absence.
Family and medical leave
New Mexico does not have a state family and medical leave law applicable to private employers.
Paid sick leave
The Healthy Workplaces Act requires covered employers to provide earned sick and safe leave to eligible employees. Leave may be used for:
- The employee’s or a covered family member’s mental or physical illness, injury or health condition; medical diagnosis, care or treatment of a mental or physical illness, injury or health condition; or preventive medical care;
- Meetings at the employee’s child’s school or place of care related to the child’s health or disability; and
- Absences due to domestic abuse, sexual assault or stalking suffered by the employee or a family member, and the leave is needed for the employee to do any of the following or obtain services or assist a family member with any of the following:
- Obtain medical or psychological treatment or other counseling;
- Relocate; or
- Prepare for or participate in legal proceedings.
Other time off requirements
In addition to leave under the Healthy Workplaces Act a New Mexico employer may also be required to comply with other leave and time off laws, including but not limited to:
- Kin care leave;
- Domestic violence leave;
- Jury duty leave;
- Voting leave;
- Emergency responder leave; and
- Military leave.
Health and safety
New Mexico employers may be required to follow certain requirements with respect to employee health and safety.
Occupational safety and health
New Mexico has a federal Occupational Safety and Health Administration approved state plan that applies to all employers, including public employers and state agencies, with certain exceptions.
Drug and alcohol testing
New Mexico does not have a law that specifically governs workplace drug and alcohol testing. Employers may establish their own drug and alcohol testing policies and require employees and job applicants to submit to drug and alcohol tests, as long as the testing policy complies with the federal ADA, the New Mexico Human Rights Act, collective bargaining agreements and other laws that protect workers from discrimination or violations of privacy.
Smoke-free workplace
With limited exceptions, New Mexico’s Dee Johnson Clean Indoor Air Act prohibits smoking, including the use of electronic cigarettes (e-cigarettes), in any enclosed indoor workplace, including in:
- Offices;
- Employee cafeterias, lunchrooms, break rooms and lounges;
- Restrooms;
- Hallways, stairways and elevators; and
- Lobbies and reception areas.
An employer may provide a designated outdoor smoking area as long as it extends a reasonable distance from any entrances, windows and ventilation systems.
A New Mexico employer must also adopt, implement, post and maintain a written smoking policy and post “No Smoking” and “Smoking Permitted” signs at each public entrance to the workplace, as applicable.
Weapons in the workplace
New Mexico does not have a law that stops employers from banning guns and weapons from the workplace.
Safe driving practices
New Mexico prohibits drivers from reading or viewing a text message or manually typing on a handheld mobile communication device for any purpose. In addition, commercial drivers may not use a handheld mobile device. Exceptions apply for contacting emergency or medical assistance.
Organizational exit
New Mexico employers may be required to follow certain requirements when employees exit the organization.
Final pay
Employees who are involuntarily terminated must be paid within five days of termination if their wages are a fixed and definite amount and not based on task, piece, commission or other basis. All other involuntarily terminated employees must be paid within 10 days of termination.
An employee who quits or voluntarily resigns must be paid on the next regular payday.
If an employee dies, the employer may pay all unpaid wages due to the employee’s surviving spouse.
Mass layoffs
New Mexico does not have its own version of the federal WARN Act.
AI in employment
New Mexico does not have a law related to AI in employment applicable to private employers.
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About the author
The Brightmine Editorial Team
Our in-house team of HR experts carefully monitors and updates the Brightmine HR & Compliance Center, the most comprehensive library of employment law and HR resources. This team has an unrivaled wealth of subject matter expertise, with an average of 15 years’ experience. They also bring invaluable, diverse career experiences to the table—the team includes seasoned employment law attorneys, former in-house counsel, SHRM certified professionals and career employment law editors.
In addition to managing the HR & Compliance Center, the Editorial Team supports the content across the Brightmine product portfolio. The Team also supports Marketing Resource Center with breaking HR news, Commentary and Insights, and expert review of key compliance resources, such as our free charts.