Minimum Wage in New Mexico

Quick Guide to Minimum Wages in New Mexico

Minimum Wage in New Mexico

There are multiple state and federal laws that apply to employees and minimum wage in New Mexico. This article will discuss the different minimum wages in New Mexico according to statutes and information under the state’s Department of Workforce Solutions. For more information about minimum wage in NM and procedure, visit the link provided.

What is the Current Minimum Wage in NM?

The current minimum wage in New Mexico is $7.50 per hour—slightly higher than the federal minimum wage of $7.25 per hour. The minimum wage in NM for tipped employees is different. §50-4-22 of New Mexico statute states if an employee makes $30 per month or more in tips, the employer can pay an employee a minimum wage in NM of 2.13 per hour. However, if you work under the tipped minimum wage in New Mexico but make less than minimum wages during a certain week, the employer is required to pay the difference.

Can an employer pay a smaller minimum wages in New Mexico to certain employees?

According to §50-4-22(b), an employer can deduct wages from the minimum wage in NM if they furnish food, utilities, supplies or housing to an employee engaged in agriculture. The deductions of minimum wages in New Mexico must be reasonable, and the level of deductions for minimum wage in NM may be refuted or argued because of the Public Employee Bargaining Act.

Are there other exemptions for minimum wages in New Mexico?

The following document under the Department of Workforce Solutions offers a detailed list of exemptions for minimum wage in New Mexico:

The exemptions for minimum wage in New Mexico are listed below:

• domestic employee in a private home

• a bona fide executive, administrative or professional person

• an individual employed by the United States

• voluntary services for educational, charitable, religious or nonprofit services

• salespersons or similar employees in New Mexico that receive mainly commission

• students working after school hours or on vacation

• registered apprentices and learners

• persons 18 or under that are not registered in some type of schooling

• persons 18 or under that have not graduated from secondary school

• G.I. bill trainees while under training

• certain seasonal employees

• certain employees employed in agriculture in New Mexico

• an employee in handling, drying, packing, packaging, processing, freezing or canning of any type of agriculture or horticultural commodity

• employees of charitable, religious or nonprofit organizations who reside on the premises of the organizations

The employees listed above may still receive minimum wages in New Mexico if the employer wishes to pay minimum wage. In NM, the employer has to right to bargain, or even file a wage claim for minimum wages in New Mexico as described in the next section.

Filing a Wage Claim for Minimum Wage in NM

In order to file a wage claim for unpaid minimum wage in New Mexico, and employee should visit the following website.

You will find forms for claims for minimum wages in New Mexico, and depending on your location, you may have to file the form to a different address. The mailing address is located on the form for your area, and if your claim for minimum wage in New Mexico approved, there will be a hearing and legal action if the employer refuses to pay certain wages.