What are the requirements for advertising vacancies?
NMSA § 28-1-7(D) makes it illegal for any state employer to advertise any statement, use any form of application, or investigate the candidate’s membership in a class protected under the law. on New Mexico Human Rights or expresses any limitation or discrimination based on protected class; for employers with fifty or more employees, the prohibition is extended to the affiliation of the spouse.
a) Criminal records and arrests
New Mexico has a “ban-the-box” requirement, prohibiting employers from asking about an applicant’s arrest or conviction history. NMSA §28-2-3 et seq. Employers are permitted to review an applicant’s conviction record and are permitted to disqualify applicants for “particular positions” under employer policy if the applicant has “certain criminal history”.
(b) Medical History
Under NMSA § 24-21-4(D), it is illegal to use genetic information in employment decisions.
Under NM Stat. Ann. § 28-10A-1, it is illegal to require the disclosure of the results of a test related to the human immunodeficiency virus.
A number of definitions of state disability and medical condition protections are defined in New Mexico regulations (NMAC 220.127.116.11 (R, S, V, X, Z)).
(c) Drug testing
New Mexico has no law regulating employees or applicants for drug testing.
(d) Credit checks
New Mexico does not have a credit check law.
(e) Immigration Status
New Mexico has no specific law regarding immigration or verification of employment eligibility. Both “national origin” and “ancestry” are protected categories under the New Mexico Human Rights Act (NMSA § 28-1-7(A)).
It is illegal in New Mexico for an employer to ask or require a prospective employee to provide a password to access, or to request access, to the prospective employee’s account or profile on a website. social networking (NMSA § 50-4-34).
Salary and hour
What are the main sources of wage and hour laws in your state?
NMSA § 50-4-1 et seq.
What is the minimum hourly wage?
In 2022, the minimum wage is $11.50 per hour, increasing to $12 per hour on January 1, 2023 (2019 NM Laws Ch. 114, § 2(A)). For tipped employees who habitually and regularly receive more than $30 per month in tips, employers may pay a lower hourly rate, as long as the total received is at least equal to the state hourly minimum wage. The hourly rate payable to tipped employees is $2.80 in 2022 and $3 per hour in 2023 (2019 NM Laws Ch. 114, § 2(D)). New Mexico has different minimum wage rules for students enrolled in high school (2019 NM Laws Ch. 114, § 2(B)).
The cities of Santa Fe, Albuquerque, and Las Cruces, as well as Santa Fe and Bernalillo counties, have minimum wage rates above the state minimum wage.
What are the rules for final pay and payroll deductions?
In the event of termination by the employer, an employee’s unpaid wages must be paid within five days of the termination (NMSA § 50-4-4(A)). Otherwise, the final paycheck must be issued within 10 days of discharge (NMSA § 50-4-4(B)).
If an employee resigns, the final payment of salary or severance must be paid no later than the next payday (NMSA § 50-4-5). Pay disputes are addressed in NMSA § 50-4-7.
NMSA § 50-4-2(B) regulates deductions.
Hours and overtime
What are the requirements for meal and rest breaks?
New Mexico has no state laws requiring or regulating meal or rest periods.
What are the maximum hour rules?
No employee may be required to work more than 16 hours in any 24 hour period, with the exception of firefighters, law enforcement officers, employees who are in standby position or who work in emergency situations, or farm or ranch workers whose duties require inducing them to work longer hours (NMSA § 50-4-30).
The number of hours that children between the ages of 14 and 16 can work is also limited (NMSA § 50-6-3).
How to calculate overtime?
Overtime shall be paid to non-exempt employees at one and one-half times their regular hourly rate for hours worked in excess of 40 hours per seven-day work week.
What are the exceptions to overtime?
NMSA § 50-4-21 excludes several categories of employees from overtime coverage, including:
- persons in certain managerial, administrative, superintendent and supervisory roles (NMSA § 50-4-21(C)(2), NMAC 18.104.22.168(F));
- certain nonprofit organization volunteers (NMSA § 50-4-21(C)(4));
- persons paid on a piece rate, flat rate or commission basis (NMSA § 50-4-21(C)(5));
- students regularly enrolled in elementary or secondary schools (NMSA § 50-4-21(C)(6));
- apprentices and registered learners (NMSA § 50-4-21(C)(7));
- persons 18 years of age or younger who are not students (NMSA § 50-4-21(C)(8)) or who have not graduated from high school (NMSA § 50-4-21(C) (9));
- GI Bill trainees during their training (NMSA § 50-4-21(C)(10)); and
- certain specified agriculture and horticulture employees (NMSA § 50-4-21(C)(12-13)).
NMSA § 50-4-24 provides additional overtime exemptions, including certain agricultural workers and airline employees subject to the FRLA.
What payroll and payment records should be kept?
Employers are required to keep accurate records of “hours worked and wages paid to each employee” for at least one year (NMSA § 50-4-9(A)).
In addition, New Mexico regulations require employers to keep certain records for unemployment compensation purposes (NMAC 11.3.300.309; 11.3.400.401).