Labor laws in New Mexico tend to favor the business over the
individual. There are no laws that require an employer to give any kind
of break (coffee, lunch or otherwise) to their employees. An employer
can lower your wage at any time, provided they notify you before you
work any hours at the lower rate. Severance, holiday and/or vacation
pay are not required of an employer, in addition employers do not have
to pay employees who take time off for sickness. Be sure to clarify all
job details, including payment, break schedule and deductions for said
schedule before accepting a position with a potential employer.
The Department of Workforce Solutions is responsible for administering
all labor laws in New Mexico. The state minimum wage is $7.50; and if
you are under eighteen years of age and do not have a high school
diploma, New Mexico laws allows an employer to pay you less than the
Any employer asking an employee to work more than eight hours in a day,
or forty hours in a week, must pay time and a half that employee's
hourly wage. An employer is required by law to pay this wage; employees
can't agree to work for their regular wage or to time off in lieu of
Employees working in industries such as agriculture, administrative and
outside sales may be excluded from this law. For full clarification, or
to find out your positions status as it relates to overtime pay,
contact your local New Mexico Department of Workplace Solutions.
When the Stork Arrives
New Mexico does not have a state maternity law. Prospective parents get
twelve weeks of unpaid, job protected leave provided by the federal
Family Medical Leave Act. In order to be eligible for this you must
work for an employer with at least fifty employees and have worked
enough hours in the last fifty-two weeks to qualify. Some states will
modify the length of the leave, or loosen the restriction for
eligibility; New Mexico is not one of these states.
Children on the Job
A child as young as fourteen may hold a job in the state of New Mexico.
The job can only be for a limited number of hours and those hours must
fall outside of school time. In addition, children under the age of
sixteen cannot work in certain environments that are considered
Any child under sixteen years of age must have a special work permit.
These permits must be issued by an approved individual in the school,
or at the Department of Workforce Solutions. The permits must be
renewed after one year if still required.
Did you know?
Even though many labor laws in New Mexico seem to favor the employers,
one thing in employees favor is the fact that you are not required to
give two weeks notice when you quit your job. So, should you find that
perfect job that takes you away from the tyranny you may be
experiencing now, you can start right away!