New Mexico Has Some Unique Employment Laws

December 15, 2015

  • Minimum wage rates vary in New Mexico depending on where your business is located.
  • Employers must grant leave to victims of domestic violence.
  • Employers must pay all unpaid wages to some discharged workers within FIVE days of discharge.
  • Employers who fail to pay a departing employee in a timely manner may be required to pay the employee for up to 60 days after the employee’s last day of work.
  • Employers MAY NOT withhold money owed to the employer from an employee’s pay without a written agreement.
  • Employers MAY NOT require employees to use direct deposit for their paychecks.
  • Employers who dispute the amount of compensation owed to a departing employee must give written notice to the employee of any amount not in dispute and pay that amount unconditionally.
  • Employers with 15 or more employees may not discriminate against employees on the basis of sexual orientation or gender identity.
  • Employers with 50 or more employees may not discriminate on the basis of spousal affiliation.
  • Individual supervisors may be held personally liable for discriminatory acts under New Mexico’s Human Rights Act.
  • Employers may be required to rehire a worker who has received workers’ compensation benefits.

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