New Mexico Wage and Hour Laws

New Mexico Wage and Hour Laws

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All Acts of the legislature came into force on July 1, 2022. If an employee resigns or resigns as a result of a labour dispute, the employer has until the next regular pay day to pay all wages due in accordance with wage and schedule laws. Children over the age of 14 and under the age of 16 may not be employed or worked for more than 40 hours per week or more than eight hours per day when school is not held, unless otherwise provided in the Child Labour Act. N.M. Stat. § 50-6-3. During the calendar school year, children between the ages of 14 and 16 may not work before 7:00 a.m., after 7:00 p.m., during school hours (excluding internships and career exploration programs), no more than three hours per school day and no more than 18 hours per week during school weeks. Id. Employees are entitled to a maximum of 14 days of unpaid leave in a calendar year and a maximum of eight hours per day to obtain a protection order or other legal remedy for domestic violence or to meet with law enforcement officers, lawyers or lawyers or to participate in related court proceedings. New Mexico`s Paid Sick Leave Act requires most New Mexico employers with 1 or more employees to provide at least 64 hours (or 8 full days) of paid sick leave per year. New Mexico employers tend to have the hardest time complying with state pay and hours laws because there are so many.

From the complex scale of the state`s minimum wage to standard regulations such as the Fair Labor Standards Act (FLSA). Employers only have to pay a lower rate of $2.13 per hour to employees who typically and regularly receive more than $30.00 per month in tips. Several cities and counties have a higher minimum wage than the state of New Mexico at $7.50 per hour. Specifically, wages earned between the 1st and 15th of a calendar month must be paid no later than the 25th of that month. All wages earned between the 16th and the last day of a calendar month must be paid no later than the 10th day of the following calendar month. Under New Mexico`s child labor laws, a child must be at least 14 years old to work in certain occupations. Employees subject to New Mexico`s child labor laws may also work outside of school hours and for limited periods of time. New Mexico`s labor laws do not require employers to provide employees with meal or rest breaks. However, breaks of less than 30 minutes must be paid. For at least 2 years: Keep basic records of employment and earnings, such as season cards, pay tables, shipping and accounting documents, and records of salary increases or deductions. Also keep records that show why you may pay different salaries to employees of different genders, such as pay rates, job evaluations, seniority and benefit systems, and collective agreements.

It is illegal for an employer to deprive an employee of employment or to threaten or otherwise coerce the employee because the employee receives a subpoena, responds to the subpoena, acts as a jury, or appears in court for possible jury service. In addition, it is illegal for an employer to require or require an employee to use annual leave, vacation or sick leave while they are responding to a panel summons. There is no New Mexico state law requiring employers to pay wages while an employee is a juror. N.M. Stat. § 38-5-18. *The effective date of the amendment is March 1, 2022.** In this case, the state`s higher minimum wage takes precedence over the district`s wage. On election days, workers can be absent from work for two hours between the opening time and the closing time of the polling stations to vote. The elector is not liable to any penalty for this absence; However, the employer may determine the hours during which the elector may be absent during that period. N.M. Stat. § 1-12-42.

Feel free to contact the New Mexico Department of Labor Relations` Department of Workforce Solutions to file a claim if you can`t afford an attorney. There are strict time limits during which charges must be laid for wage and hour violations. In order for this authority to act on your behalf, you must apply to the ministry as soon as possible. There is no deadline to submit a wage application to the Ministry of Labour and Industry, but you should not wait once you have a valid application. This may prevent the department from acting on your behalf in state court (see below for statutes of limitations for court proceedings). It is also illegal for an employer to refuse to hire or fire a person or otherwise disadvantage the person in terms of compensation, terms and conditions of employment or employment privileges because the person is a smoker or non-smoker, provided that the person complies with applicable laws or guidelines governing smoking on the employer`s premises during working hours. N.M. Stat 50-11-3. However, there are overtime restrictions for New Mexico employees under the age of 16. An employer who provides food, utilities, supplies or housing to an agricultural worker may deduct the reasonable cost of these items from the employee`s wages, even if the employee`s wages are less than minimum wage. Managers, administrative and specialized employees, and sales representatives may be paid monthly, with the exception of employees whose salaries are subject to the provisions of a collective agreement.

New Mexico requires private employers to offer overtime. Under New Mexico`s Overtime Act, workers are entitled to overtime pay equal to 1.5 times their regular rate of pay for all hours worked in excess of 40 hours in a seven-day period. However, for all employees, there are no laws regarding the payment of unclaimed benefits to workers in New Mexico. However, if an employer has a paid leave policy (PTO) in which employees accumulate vacation or other PTO, any unused accumulated PTO is considered earned wages and the employee must be compensated for it in the final paycheck.