NMNew Mexico final paycheck law
If you are fired in New Mexico, your final pay is due within 5 days for fixed wages. If you quit, it is due by the next regular payday.
Within 5 daysif fired or laid off
Next paydayif you quit
Paid outunused vacation
| If you | Your last check is due |
|---|---|
| were fired or laid off | Within 5 days for fixed wages. Within 10 days for commission or task-based pay |
| quit | Next regular payday |
| have unused vacation | It must be paid. Earned vacation is treated as wages by the state supreme court and must be paid when you leave the job. |
| are paid late | Unpaid wages continue to accrue at your true hourly rate for up to 60 days. |
| want to read the law | NMSA 50-4-4, 50-4-5checked October 29, 2026 |
When is my last check due? New Mexico calculator
What you are owedupdates as you type
What these words mean
- Final paycheck
- The last pay you are owed after a job ends: all hours worked and, in some states, your unused vacation.
- Late-pay penalty
- Extra money some states make an employer pay when your final check is late.
- Payout
- Being paid cash for paid time off you earned but never used.
- Wage complaint
- A free claim you file with your state labor office or the U.S. Department of Labor when you are not paid what the law requires.
Questions
I was fired in New Mexico. When do I get my last check?
Within 5 days for fixed wages. Within 10 days for commission or task-based pay. It must include the vacation you earned but did not use.
I quit my job in New Mexico. When do I get my last check?
Next regular payday.
What if my employer pays my last check late in New Mexico?
Unpaid wages continue to accrue at your true hourly rate for up to 60 days.
Will my unused vacation be in my last check in New Mexico?
Yes, the law requires it. Earned vacation is treated as wages by the state supreme court and must be paid when you leave the job. See New Mexico PTO payout rules.
Can my employer keep my last check until I return my uniform or laptop?
No. Money you earned is yours. An employer can only take out what the law or a signed agreement allows. If the check is late, file a free wage complaint with the New Mexico labor office.