New Mexico has passed a limited number of regulations to protect employees from employer abuse. Instead, New Mexico has chosen to rely on federal regulations (such as the Fair Labor Standards Act (FLSA)) to handle most employee-employer issues.
Part-time vs. Full-time
New Mexico has chosen not to define “part-time” and “full-time” employment statuses. You should consult your employment agreement to determine how many hours of work are expected by your employer.
New Mexico has imposed a minimum wage of $7.50. However, like most other states, New Mexico has chosen to exclude many different occupations from the minimum wage requirement. If you have questions about minimum wage, then contact your local employment lawyer.
New Mexico's overtime laws state that an employer must pay each employee overtime in the amount of one and one-half times the employee's regular pay rate for hours worked more than 40 per workweek. However, there are numerous exceptions to this rule. Some examples of employees that are not covered by the New Mexico overtime rules are:
- domestic or household workers,
- sales personnel (compensated on a commission basis),
- employees of agricultural employers,
- government employees,
- volunteers for educational, charitable, religious, or nonprofit organizations, and
- most executive, administrative, and professional employees.
Employees are protected from discrimination by employers on the same grounds as most states (such as race, color, national origin, ancestry, religion, sex, age, etc.) but New Mexico also offers employees protections against employer retaliation for filing complaints regarding things such as employee safety issues.
Most employers in New Mexico are not required to provide employees with benefits. However, employers of a certain size must offer insurance and other benefit programs to their employees. You will also want to review your employment agreement to see if it covers benefits.
Where Can I Find the Right Lawyer to Help Me?
If you think your labor rights have been violated, then contact a New Mexico local lawyer if you have questions about your wages, overtime pay, discrimination or any other employment related concerns.