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- At-Will Employment: New Mexico is an at-will employment state, meaning employers can terminate employees at any time without cause, except for discriminatory reasons or breach of contract.
- Minimum Wage: As of January 1, 2023, the state minimum wage is $12.00 per hour, with some localities, such as Santa Fe, enforcing higher minimum wages.
- Overtime Pay: Employees are entitled to overtime pay at 1.5 times their regular rate for hours worked over 40 in a workweek unless exempt.
In New Mexico, employers must adhere to both federal and state payroll regulations. The state mandates a minimum wage of $12.00 per hour as of January 1, 2023, with certain localities enforcing higher rates. Overtime is required at 1.5 times the regular pay rate for hours exceeding 40 in a workweek. Employers must provide itemized wage statements detailing hours worked, pay rates, and deductions. Terminated employees must receive their final paycheck within five days, and employers are required to maintain payroll records for at least one year.
Access competitive benefits like health insurance and retirement plans, often at a lower cost through a PEO. Leverage its pooled volume for enterprise rates—resold to PEO customers, with no employment minimums in New Mexico.
- Paid Sick Leave: Employers must provide paid sick leave at a rate of one hour for every 30 hours worked, up to 64 hours annually, effective July 1, 2022.
- Family and Medical Leave: New Mexico follows federal Family and Medical Leave Act (FMLA) guidelines, providing eligible employees up to 12 weeks of unpaid, job-protected leave for qualifying reasons.
- Health Insurance Continuation: Employers with fewer than 20 employees must offer continuation of health insurance coverage for up to six months after employee termination, similar to COBRA.
Check out our comprehensive state hiring guide.



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