New Mexico Wage and Hour FAQs

New Mexico Minimum Wage, Overtime Questions

Back to New Mexico Overtime Law

What are the new overtime laws in New Mexico?

Employees who make less than $23,660 per year ($455 per week) are guaranteed overtime protection.

What is the New Mexico minimum wage?

Effective Jan. 1, 2009, the minimum wage in New Mexico is $7.50 per hour.

Who is exempt from minimum wage and overtime?

Executive, administrative and professional employees, as well as outside sales people and certain computer employees are exempt. Workers in the field of agriculture are exempt from overtime law.

What is the minimum wage in New Mexico for tipped employees?

Employers must pay their tipped workers at least $2.13 per hour. However, tipped employees must receive at least the New Mexico minimum wage when combining tips plus direct hourly wages. New Mexico minimum wage law defines a tipped employee as a worker who regularly and customarily receives $30 per month in tips.

Are workers entitled to rest or lunch breaks?

No. New Mexico wage and hour law does not require employees to provide lunch, rest or coffee breaks. However, if an employer chooses to offer breaks, they must compensate all breaks lasting less than 30 minutes.

Can employees be forced into working overtime?

Yes. An employer can require an employee to work more than 40 hours per week, but must pay time-and-a-half compensation to non-exempt employees working overtime.

Are workers entitled to vacation days, sick leave, holiday pay or severance?

No. New Mexico wage and hour law does not require these fringe benefits.

Can New Mexico employers give their workers comp time instead of overtime pay?

No.

Can an employer reduce a worker’s rate of pay?

Yes, as long as the employee is informed of the reduction before the hours are worked.

Can an employee waive their right to overtime pay by agreeing to accept straight time?

No.

If an employee is fired, when should they receive their final wages?

The terminated employee must receive their final wages within 5 days of discharge. Commissions, task and piece wages must be paid within 10 days.

If an employee quits, when should they receive their last paycheck?

Employees who voluntarily leave their jobs should be paid on the next regular payday.

Can employers make deductions from employee wages?

Employers are only allowed to make deductions required by law. They can also make deductions upon receiving written authorization from the employee. Deductions cannot reduce a worker’s pay beneath the New Mexico minimum wage.