New Mexico Worker Rights
New Mexico has a state minimum wage above federal, one of the more generous paid sick leave laws, and a state OSHA plan.
- New Mexico
Pay
- Minimum wage: $12.00 per hour since 2023. Santa Fe, Albuquerque and some counties set higher local rates.
- Overtime: 1.5x over 40 hours a week.
- Final pay: within 5 days if you’re fired; by the next regular payday if you quit.
- Prevailing wage: required on public works (Public Works Minimum Wage Act).
Breaks and leave
- Healthy Workplaces Act: 1 hour of paid sick leave for every 30 hours worked, up to 64 hours a year.
- No state law requiring meal or rest breaks for adults.
Unions and right-to-work
New Mexico is not a right-to-work state, so a union contract can require covered workers to pay at least a fee for representation. Private-sector workers have the right to organize under federal law. See Your Right to Organize.
Where to file
- Unpaid wages and overtime: New Mexico Department of Workforce Solutions, Labor Relations Division.
- Discrimination and harassment: New Mexico Human Rights Bureau, or the U.S. EEOC.
- Safety: NM OHSB, the state plan, covers most private and public employers.
- Work injuries: report the injury to your employer right away, in writing, and follow up with New Mexico’s workers’ compensation agency. See Workers’ Compensation.
Check current rules: this is a summary. Wage rates and labor laws change often, usually on January 1 or July 1, and cities and counties can add their own rules. Confirm details with the New Mexico Department of Workforce Solutions before acting. Federal protections apply too. See Where to Get Help.
Standards & references
Last updated: