New Mexico Labor Laws

The current minimum wage in New Mexico is $9.

The minimum wage in Albuquerque is $9.35, but $8.35 if the employer provides healthcare and/or childcare benefits.

The Santa Fe and Santa Fe County minimum wage is $10.66.

The Bernalillo County minimum wage is $9.20.

The Las Cruces minimum wage is $10.25.

The minimum wage for tipped employees is $2.35.

Employees in Albuquerque who receive tips may be paid a cash wage of $5.60 if the cash wage and tips total at least the local minimum wage.

Employees in Las Cruces who receive more than $30 a week in tips may be paid a cash wage of 40% of the local minimum wage if the cash wage and tips total at least the local minimum wage.

Employees in Santa Fe County who receive more than $30 a month in tips may be paid a cash wage of $3.41 an hour if the cash wage and tips total at least the local minimum wage.

Employees are allowed to participate in tip pooling or sharing arrangements, but New Mexico law does not address whether employers may require employees to do so.

Employers are required to pay employees an overtime rate of 1 ½ time their regular rate of pay when they work more than 40 hours in a workweek, unless otherwise exempt.

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

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