NMNew Mexico pay rules
Minimum wage $12.00. Overtime after 40 hours in a week. If you are fired, your last check is due within 5 days for fixed wages.
New Mexico minimum wage$12.00 now
New Mexico overtime lawsWeekly overtime after 40 hours
New Mexico final paycheck lawFired: within 5 days for fixed wages
New Mexico PTO payout lawPayout required by law
| Rule | New Mexico | Source |
|---|---|---|
| Minimum wage | $12.00 an hour since January 1, 2023. No change planned. Santa Fe, Albuquerque, Las Cruces and Bernalillo County set higher rates. | read the rulechecked October 29, 2026 |
| Cash pay if you get tips | At least $3.00 an hour. Tips may make up the rest, up to $9.00. | read the rulechecked October 29, 2026 |
| Overtime | 1.5x after 40 hours in a work week. No daily overtime. | NMSA 50-4-22(D)checked October 29, 2026 |
| Last check if fired | Within 5 days for fixed wages. Within 10 days for commission or task-based pay, including your unused vacation | NMSA 50-4-4, 50-4-5checked October 29, 2026 |
| Last check if you quit | Next regular payday | NMSA 50-4-4, 50-4-5checked October 29, 2026 |
| If the last check is late | Unpaid wages continue to accrue at your true hourly rate for up to 60 days. | NMSA 50-4-4, 50-4-5checked October 29, 2026 |
| Unused vacation when you leave | Must be paid out. Earned vacation is treated as wages by the state supreme court and must be paid when you leave the job. | case law under NMSA 50-4-1checked October 29, 2026 |
| Meal break | No meal period required. When one is given in certain industries it must be at least 30 minutes and is unpaid. | read the rulechecked October 29, 2026 |
| Rest break | No state rest period requirement. | read the rulechecked October 29, 2026 |
These rules cover the whole state. Cities and industries with their own rules are noted in the table. Checked October 29, 2026. Next check: January 1, 2027.