New Mexico Labor Laws – Find Labor Lawyers NM

A small number of laws have been passed in New Mexico to safeguard workers from abusive employers. New Mexico has opted to rely on federal laws (such as the Fair Labor Standards Act (FLSA) to resolve the majority of employee-employer conflicts.

Full-time Versus Part-time

The terms “part-time” and “full-time” employment statuses are not defined in New Mexico. To find out how many hours your employer expects you to work, refer to your employment contract.

Overtime

According to New Mexico’s overtime regulations, an employer must give each employee overtime compensation equal to one and a half times their regular hourly rate for hours worked above 40 in a workweek. There are various exclusions to this rule, though.

Domestic or household workers, salespeople who are compensated on a commission basis, staff members of agricultural employers, government employees, volunteers for educational, charitable, religious, or nonprofit organizations, and the majority of executive, administrative, and professional employees are some examples of employees who are not covered by the overtime rules in New Mexico.

Minimum Wages

The minimum wage of New Mexico will be higher than the federal law’s relevant rate for most workers starting in 2022, at $11.50 per hour. The most recent minimum wage increase, from $6.50 to $11.50, took place in 2008, an increase of $5.00. Another minimum wage rate rise will take place on January 1, 2023, raising it to $12.

Employers in New Mexico may occasionally be forced to pay locals wages determined by federal or state prevailing wage rates and regulations. The state’s standard minimum pay rates and the actual wage rates might not be the same.

Employees may be entitled to prevailing wages when working on federal, state, or government-funded construction projects or providing specific federal or state government services.

The Department of Workforce Solutions Director, under the Labor Relations Division, decides and establishes the prevailing wage rates based on the workers’ categorization and the details specified in the CBA or Collective Bargaining Agreement.

Discrimination

Employers are prohibited from discriminating against employees on the same grounds as they are allowed to in most other states (such as race, color, national origin, ancestry, religion, sex, age, etc.). Still, New Mexico also protects workers from being fired in retaliation for complaining about issues like workplace safety.

Days Off

In New Mexico, the majority of firms are not compelled to offer benefits to their workers. However, businesses of a certain size must provide their staff with insurance and other benefit plans. Additionally, you should check your work contract to determine if it mentions perks.

Breaks and Meals

Because there are no rules mandating employers to give employees breaks or meal periods under New Mexico labor laws, the federal norm is applicable. The federal guideline exempts employers from providing breaks or a meal (lunch) period.

The employer must pay for breaks, often those lasting less than 20 minutes, if they so desire. Meal and lunch breaks, which typically last 30 minutes or longer, are not required to be compensated as long as the employee is allowed to conduct their business as usual.

For the year 2022, New Mexico mandates that employees receive lunch breaks that are at least 30 minutes long and should not be included in their workday. For workers under the age of 18, there are additional restrictions that mandate longer or more frequent meal breaks.

However, New Mexico does not have any rules governing the administration of one or more breaks for workers. The decision to provide this benefit to employees is left up to the employer.

Breaks for Mothers

Employers are required by New Mexico labor rules to give nursing women flexible break periods so they can use a breast pump at work. Additionally, companies must provide a location for breast pumping that is close to the employee’s workspace, sanitary, and private—not a bathroom.

Employers are exempt from liability for:

• Payment for a nursing mother’s break time in addition to regular employee breaks
• Payment of overtime while a nursing mother is using a breast pump
• Storage or refrigeration of breast milk. However, employers are not required to offer the same benefits to nursing mother employees who are exempt.

It is nonetheless a good idea for exempt employees to explain to their staff members why they require the same privilege. The majority of health plans are required by federal law to include nursing support, including counseling and supplies, at no additional cost to the employee.

Leave of Absence

Employers are not required to offer paid or unpaid vacation benefits to their staff in New Mexico.

Employers must adhere to the employment contract and policy conditions if they want to provide these perks to their staff. Additionally, when leaving the company, the employer must pay the employee for unused vacation time.

Sick Time

The Healthy Workplaces Act was ratified on April 8, 2021, by Governor Lujan Grisham of New Mexico. It specifies that starting on July 1, 2022, most firms with one or more employees shall provide up to 64 hours of paid sick leave annually.

All employers with one or more employees must comply with these paid leave regulations, with the following exceptions:

• The federal government
• Any division of New Mexico’s state or government
• Employees covered by the Federal Employers Liability Act, the Railroad Unemployment Insurance Act, or employers subject to the federal Railway Labor Act

Vacation Leave

Private employers are not required to provide paid or unpaid vacation time in New Mexico. They may even demand that their employees report to work on holidays. However, the majority of firms continue to adhere to a cap of six paid holidays.

Additionally, businesses are not required to provide premium pay unless an employee works on a holiday after regular business hours. Instead, they will be paid overtime.

Jury Duty

New Mexico employers must give their staff members unpaid time off when they report for jury duty.

Employers are not required to cover the cost of an employee’s leave of absence for attending a jury summons. They are not allowed to intimidate, fire, or coerce their workers into serving on juries.

Furthermore, they are not permitted to and should not request that the workers utilize any of their paid or unpaid time off for jury duty.

Voter “Leave”

All employers in New Mexico are required to grant their staff members two hours of administrative time off so that they can vote.

The typical polling hours are from 7 AM to 7 PM. Administrative leave is not available to employees whose workday begins more than two hours after votes open or ends more than three hours before polls shut.

While employers cannot penalize workers for using their voting leave, they can define the time during which this is permitted.

Termination Pay

New Mexico labor regulations do not mandate severance pay provisions for employees. Workforce Solutions FAQs from New Mexico. The firm’s established policy or employment contract provisions must be followed if the employer decides to offer severance benefits.

Where Can I Locate the Ideal Attorney to Assist Me?

If you have concerns about your compensation, overtime pay, discrimination, or any other employment-related issues, and you believe your labor rights have been violated, get in touch with a labor lawyer in New Mexico.