New Mexico

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent.

Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.

Overtime

Employees covered by New Mexico’s overtime law must be paid 1.5 times their regular rates for hours worked in excess of 40 in any week of 7 days.

Breaks

New Mexico labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) 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 free to do as they wish during the meal or lunch period.

 

Breast Feeding Break

A mother can breastfeed her child in any public or private location where she is otherwise authorized to be. Employers are required to provide a clean, private place, not a bathroom, for employees who are breastfeeding to pump. Employers have to give employees breaks to express milk but does not require that she be paid for this time.

 

 

Annual Leave

Annual Leaves are unpaid leave based on the agreement between employer and employee (FSLA).

Minimum Wage

Employers must pay employees covered by New Mexico’s minimum wage law at least $7.50 an hour. Employers can pay disabled employees less than the minimum wage with special certificates, but not less than 50 percent of the minimum wage.

Tips & Gratuities

Employers can pay employees who customarily receive more than $30 a month in tips a minimum wage of $2.13 an hour. Tips combined with the cash wage must equal at least $7.50 an hour.

Meal Breaks

New Mexico labor laws do not have any laws requiring an employer to provide a meal period or breaks to employees, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) 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 free to do as they wish during the meal or lunch period.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Military Leave

Employers must allow eligible employees to take leave if they are called to serve on active duty in the U.S. armed forces, National Guard, or Organized Reserves. Employers must reinstate certain employees returning from military leave to their position or a similar position unless employers’ circumstances have changed in ways that make reinstatement impossible or unreasonable.

Jury Duty Leave

New Mexico requires employers to allow employees to take unpaid leave to serve as jurors. Employers cannot discharge employees because they take jury duty leave.

Voting Leave

Employers must allow employees to take two hours of leave to vote while the polls are open on election day unless their workday begins more than two hours after the polls open or ends more than three hours before the polls close. Employers can’t discharge or threaten to discharge employees based on their political opinions or beliefs or their voting intentions.

Domestic Violence Leave

An employer shall grant an employee domestic abuse leave of 14 days without pay without interfering with, restraining or denying the exercise of rights under the Promoting Financial Independence for Victims of Domestic Abuse Act or attempting to do so.

Emergency Responder Leave

New Mexico requires that employees who are volunteer firefighters, emergency medical responders, part of a search and rescue team or law enforcement agency not be terminated for being absent from work when responding to a fire, medical or other emergency calls.

Donor Leave

State employees are allowed 20 days of paid leave for organ donation, after using their (or donated) leave. §24-28-3.

Last updated on: February 7th, 2019