Labor Rights in New Mexico
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 hour |
| Overtime | Federal FLSA baseline: 1.5x the regular rate for hours worked over 40 in a workweek. |
| Paid sick leave | Yes. 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 leave | No state program (a Paid Family and Medical Leave Act bill was tabled by the House in the 2025 session and did not pass). |
| Meal breaks | No state requirement beyond federal. |
| Rest breaks | No state requirement beyond federal. |
| Right-to-work law | No |
| At-will employment | Implied contract and public policy |
| Final paycheck | If 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.
- Oklahoma$7.25 minimum wage, paid sick leave no, right-to-work yes.
- Texas$7.25 minimum wage, paid sick leave no, right-to-work yes.
- Arizona$15.15 minimum wage, paid sick leave yes, right-to-work yes.
Compare all 50 states and DC side by side
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.