{"id":375181,"date":"2016-04-11T01:23:26","date_gmt":"2016-04-11T06:23:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-wage-and-hour-laws.html"},"modified":"2016-06-20T19:51:30","modified_gmt":"2016-06-21T00:51:30","slug":"new-mexico-wage-and-hour-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-wage-and-hour-laws.html","title":{"rendered":"New Mexico Wage and Hour Laws"},"content":{"rendered":"\n
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New Mexico Wage and Hour Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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<\/a>.<\/p>\n

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<\/a> (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.<\/p>\n\n

Code Section <\/b><\/p>\n<\/td>\n

New Mexico Minimum Wage Act<\/a><\/td>\n<\/tr>

Minimum Wage Rate <\/b><\/p>\n<\/td>\n

The minimum wage in New Mexico (as of January 1st<\/sup>, 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.<\/td>\n<\/tr>

Minimum Wage Exceptions <\/b><\/p>\n<\/td>\n

Agricultural Workers<\/u>: 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.<\/p>\n

Tipped Employees<\/u>: 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.<\/p>\n<\/td>\n<\/tr>

Overtime Wage Rate<\/b><\/p>\n

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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 1\u00bd times the employee’s regular hourly rate of pay.<\/td>\n<\/tr>

Overtime Wage Exceptions<\/b><\/p>\n

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Employers are exempt from paying the following employees the overtime wage listed above:
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  • Workers engaged in ginning cotton, if each employee isn’t employed for more than 14 weeks in a calendar year<\/li>\n
  • Workers engaged in agriculture, and<\/li>\n
  • 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<\/li>\n<\/ul>\n<\/td>\n<\/tr>

Penalties<\/b><\/p>\n<\/td>\n

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.<\/td>\n<\/tr><\/tbody><\/table>\n

Additional Resources<\/h2>\n