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New Mexico Laws

Discover important state and local employment laws for New Mexico.
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Published: Mar 14, 2024

(Santa Fe + Santa Fe County) Minimum Wage Increase in Santa Fe

(Santa Fe + Santa Fe County) Minimum Wage Increase in Santa Fe
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Update Effective: March 1, 2024

Effective March 1, the minimum wage in the New Mexico localities of Santa Fe (city) and Santa Fe County will increase to $14.60 per hour. This minimum wage is higher than the current New Mexico minimum wage of $12 per hour.

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Published: Mar 16, 2023

(Santa Fe) City of Santa Fe and Santa Fe County’s Living Wage Increase

(Santa Fe) City of Santa Fe and Santa Fe County’s Living Wage Increase
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Update Effective: Mar 1, 2023

Beginning in March, all employers in the City of Santa Fe and Santa Fe County are required to pay employees a minimum hourly wage of $14.03 per hour. This includes part-time and temporary employees.

Employers should review employee pay and update accordingly.

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Published: Feb 17, 2022

Santa Fe’s Living Wage Increase

Santa Fe’s Living Wage Increase
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Update Effective: March 1, 2022

Effective March 1, 2022 all employers are required to pay employees a minimum hourly wage of $12.95 per hour. This includes part-time and temporary employees.

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Published: Jul 15, 2021

New Mexico Further Defines Racial Discrimination

New Mexico Further Defines Racial Discrimination
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Update Effective: July 1, 2021

New Mexico has amended the New Mexico Human Rights Act to explicitly prohibit racial discrimination based on traits historically associated with race, including hair texture, length of hair, protective hairstyles or cultural headdresses. The act applies to employers with 4 or more employees.

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Published: May 13, 2021

Paid Sick Leave

Paid Sick Leave
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Update Effective: July 1, 2022

New Mexico enacted the Healthy Workplaces Act (HWA) which, starting next year, will require employers to provide eligible employees with up to to 64 hours of paid sick leave each year. The law covers most private employers with at least one employee. Employees may request paid sick leave for their own health condition and to provide care relating to a family member’s health condition, among other reasons. Employers must also provide a notice to new hires and must retain records of paid sick leave usage for a four-year period.

Employers can track employee paid sick leave in Justworks by setting up a policy in the platform that matches its internal company policy.

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Published: May 13, 2021

Cannabis Regulation Act

Cannabis Regulation Act
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Update Effective: June 29, 2021

New Mexico is one of the most recent states to legalize recreational marijuana. In a departure from other recent state laws, the New Mexico act explicitly does not prevent employers from enforcing a zero-tolerance policy for possession of or impairment by cannabis at work, including taking adverse action based on a positive drug test. However, employees with medical marijuana prescriptions or cards will have additional rights as employees that employers must consider. In addition to this new law, Governor Michelle Lujan Grisham also enacted legislation that will expunge arrests and convictions for certain cannabis offenses.

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Published: Mar 11, 2021

(City of Santa Fe & unincorporated areas of Santa Fe County) Living Pay Requirement Increase

(City of Santa Fe & unincorporated areas of Santa Fe County) Living Pay Requirement Increase
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Update Effective: March 1, 2021

Living wage requirements in the City of Santa Fe and Santa Fe County increased to $12.32 per hour on March 1, 2021 for affected employers. With limited exceptions, employees who are not exempt from minimum wage requirements must be paid at least the hourly living wage. Justworks customers can review minimum wage requirements by visiting the 2021 State and Local Minimum Wages chart via ThinkHR.

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Published: Sep 17, 2020

Employee Wellness Act

Employee Wellness Act
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Update Effective: October 1, 2020

Employers within the unincorporated limits of Bernalillo County with two or more employees will be required to provide paid leave to eligible employees, to be used for any reason. Unlike paid sick and safe leave laws in other jurisdictions, which detail the circumstances in which leave may be used, this law allows earned leave to be used for any purpose the employee chooses.

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Published: Sep 17, 2020

Temporary Emergency Amendment in light of COVID-19

Temporary Emergency Amendment in light of COVID-19
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Update Effective: August 5, 2020

New Mexico’s Environment Department has issued an emergency amendment to its injury and illness reporting regulation that requires employers to report positive COVID-19 cases within four hours of learning about an employee’s positive test result. The requirement will remain in effect for 120 days following the effective date, unless it is otherwise made permanent.

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Published: Feb 14, 2020

(Santa Fe) Santa Fe Minimum Wage Increases

(Santa Fe) Santa Fe Minimum Wage Increases
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Update Effective: March 1, 2020

Santa Fe’s minimum wage will increase to $12.10 per hour, beginning next month.

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This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.
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