New Mexico Minimum Wage Law

Employers in New Mexico must conform with these state rules regarding the minimum wage paid to employees.

The minimum wage rate in New Mexico is $7.50 per hour.

Employers covered include those with only one employee. Employees engaged in interstate commerce, whose hours of labor are governed by federal law are not covered by New Mexico's minimum wage law.

Individuals employed by an employer are covered by New Mexico's minimum wage law except:

domestic workers
bona fide executive, administrative, or professional employees, foremen, superintendents, and supervisors
public employees
employees of educational, charitable, religious, or nonprofit organizations employed on a voluntary basis
salespersons or employees compensated upon piece work, flat rate schedules or commission basis
students working after school or on vacation
apprentices and learners
employees of ambulance services
GI bill trainees
seasonal employees of educational, charitable or religious youth camps or retreats, if the employer has acquired a valid certificate issued annually by the state labor commissioner
certain agricultural workers
resident-employees of charitable, nonprofit homes for the retarded or disturbed
minors under age 18 who are not students or who are not graduates of secondary, vocational or training schools

Payment of Wages Under the Day Laborer Act

The Day Laborer Act specifies duties of the third-party employer and the day labor service agency:

as to payment of wages
prohibits wage deductions that would lower the worker's pay below the federal rate
prohibits restrictions on agencies from preventing permanent employment with the third-party employer
allows for the agency to collect a reasonable placement fee from the third-party employer
provides penalties for violations

Exempt from the provisions of the Day Laborer Act are:

registered farm labor contractors
temporary agencies using advanced applications, screening and job interviews
labor union hiring halls
a labor bureau or employment office operated by a business entity to employ persons for its own use