New Mexico Labor Laws

In 2022, the minimum wage in New Mexico is $11.50 per hour. Some localities have a higher minimum wage. To check which localities have a higher minimum wage, click here.

In 2022, the tipped minimum wage is $2.80 per hour. Some localities have a higher tipped minimum wage. To find out which localities have a higher tipped minimum wage, click here.

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage by 1½ (1.5), subtract the tip credit, multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total.

No. There is no law that requires an employer to provide such breaks; however, deductions cannot be made from wages if less than 30 minutes is allowed for the breaks.

Yes. When an employer pays by credit card, the credit card issuer often assesses a percentage of the total charge as a processing fee. In most states, employers are free to deduct this same percentage from your tip. For example, if the customer paid $100 on a credit card for a bill of $80 plus a tip of $20, and the credit card company charged a fee of 3%, your employer could take 3% of your tip and pay you only $19.40.

New Mexico law does not require employers to provide paid sick leave. 

However, the Emergency Paid Sick Leave Act (EPSLA), which requires that certain employers provide up to 80 hours of paid sick leave to employees who need to take leave from work for certain specified reasons related to COVID-19. These reasons may include the following:

  • the employee or someone the employee is caring for is subject to a government quarantine order or has been advised by a health care provider to self-quarantine;
  • the employee is experiencing COVID-19 symptoms and is seeking medical attention; or,
  • the employee is caring for his or her son or daughter whose school or place of care is closed or whose child care provider is unavailable for reasons related to COVID-19.


Employment Law Firms

Steven Granberg Attorney at Law, P.A.


We are a small law firm based in Albuquerque, New Mexico and we represent people who have been harmed by governments (federal, state, or local), employers, school systems, and others who may have violated the state or federal Constitution, statutes, regulations, and court decisions (common law). We focus on civil rights, employment, and education law. We represent employees in all industries, and at all employment levels, and we have the experience, the resources, and the skill to help you against any company, from Microsoft, Amazon or Boeing to even a smaller employer or start-up. Click here to see a list of the companies we have gone up against on behalf of employees.