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New Mexico Minimum Wage Law

Filed under Managing the Workplace. Fact checked on May 25, 2012.

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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

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