# Labor Rights in New Mexico

[Labor rights by state](/labor-rights/)

New Mexico pairs a $12.00 minimum wage with one of the more generous state paid-sick laws: the Healthy Workplaces Act gives all employees 1 hour per 30 worked, usable up to 64 hours a year. There is no state paid family leave program (the 2025 bill failed) and no meal or rest break mandates. New Mexico is not a right-to-work state.

Data last verified 2026-10-12

## Workplace rights in New Mexico at a glance

  Minimum wage (2026)$12.00 (some cities and counties set higher local rates, for example Santa Fe and Las Cruces)Tipped minimum wage (2026)$3.00 cash wage; employers may claim a tip credit of up to $9.00 per hourOvertimeFederal FLSA baseline: 1.5x the regular rate for hours worked over 40 in a workweek.Paid sick leaveYes. The Healthy Workplaces Act requires private employers to provide 1 hour of paid sick leave per 30 hours worked, with usage of up to 64 hours per year; all employees including part-time, seasonal, and temporary workers are covered.Paid family and medical leaveNo state program (a Paid Family and Medical Leave Act bill was tabled by the House in the 2025 session and did not pass).Meal breaksNo state requirement beyond federal.Rest breaksNo state requirement beyond federal.Right-to-work lawNoAt-will employmentImplied contract and public policyFinal paycheckIf fired, due within 5 days for fixed-amount wages or 10 days for variable wages; if you quit, due on the next scheduled payday.

## How New Mexico compares to federal law

New Mexico sets a minimum wage above the federal floor of $7.25 an hour, so the state rate is what most employers must pay. Overtime follows the federal Fair Labor Standards Act: time-and-a-half after 40 hours in a workweek.

## Neighboring states

- [**Colorado**$15.16 minimum wage, paid sick leave yes, right-to-work no.](/labor-rights/colorado/)
- [**Oklahoma**$7.25 minimum wage, paid sick leave no, right-to-work yes.](/labor-rights/oklahoma/)
- [**Texas**$7.25 minimum wage, paid sick leave no, right-to-work yes.](/labor-rights/texas/)
- [**Arizona**$15.15 minimum wage, paid sick leave yes, right-to-work yes.](/labor-rights/arizona/)

[Compare all 50 states and DC side by side](/labor-rights/)

Workplace laws change. This summary reflects state law as verified on 2026-10-12; confirm details with your state labor department before acting on it.

## Frequently asked questions

### How much paid sick leave do I get in New Mexico?

Under the Healthy Workplaces Act you accrue 1 hour per 30 hours worked and can use up to 64 hours per year; part-time, seasonal, and temporary workers are covered.

### What is the minimum wage in New Mexico?

$12.00 per hour statewide, with some cities and counties (such as Santa Fe and Las Cruces) setting higher local rates.

### Does New Mexico have paid family leave?

No. A state paid family and medical leave bill was tabled in the 2025 legislature and did not pass.

### Is New Mexico a right-to-work state?

No.