Employer of Record for New Mexico

Guide to Hiring Employees in New Mexico

Your guide to hiring employees in New Mexico, covering employment and labor laws, payroll, benefits, onboarding and taxes. You can also manage and pay your contractors in New Mexico through Playroll.

Famous Photo Of New Mexico Landmark
Iconic Image Of New Mexico

Capital City

Santa Fe

Timezone

MST

(

GMT-7

)

Paid Leave

Sick Leave

Income Tax

1.7% - 5.9%

Employer Tax

2.7% - 6.4%

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How to Hire Employees In New Mexico

Hiring in New Mexico for the first time can be challenging, especially with the state's complex employment laws. Whether you're hiring independent contractors, setting up a legal entity, partnering with a PEO, or using an Employer of Record (EOR), it's essential to understand the local employment landscape. Playroll's comprehensive guide is here to help, whether you're onboarding local talent or relocating team members.

Here are four primary ways companies can hire employees in New Mexico:

  • Establishing a local entity: Creating a legal entity in New Mexico allows for direct hiring, but it can be costly and time-consuming. However, it gives you full control over employment and reduces risk exposure.
  • Partnering with an Employer of Record (EOR): An EOR, like Playroll, takes on the legal responsibilities of employment, acting as the employer on your behalf. This option streamlines hiring, payroll, and compliance with New Mexico’s labor laws, helping you hire in New Mexico without navigating the complex legal landscape yourself.
  • Working with a Professional Employer Organization (PEO): A PEO, such as Playroll, co-employs your team, managing essential HR functions like payroll, benefits, and compliance. Partnering with a PEO ensures you meet New Mexico’s labor regulations while offering competitive employee benefits.
  • Hiring independent contractors: Hiring independent contractors can be more cost-effective, but New Mexico has strict contractor classification rules. Proper classification is essential to avoid penalties for misclassification when hiring in New Mexico.

Complying with New Mexico specific employment regulations and federal laws is critical to avoiding legal risks and costly fines. Our guide focuses on hiring in New Mexico, employment compliance, and how Playroll’s services can support your business as you navigate the complexities of hiring in the state.

Good To Know

New Mexico's economy is supported by various sectors, including oil and gas, tourism, and a growing film industry.

The state has seen significant growth in renewable energy and technology sectors, attracting businesses and talent nationwide.

New Mexico mandates paid sick leave under the Healthy Workplaces Act, requiring employers to provide earned sick leave to employees.

With a rich cultural heritage, New Mexico offers a unique environment that values diversity, which can be advantageous for businesses focusing on inclusive practices.

Key Things to Know About Hiring in New Mexico

Labor Laws in New Mexico

Working Hours in New Mexico

New Mexico has specific employment and labor laws governing working hours, designed to protect employees’ rights and ensure fair compensation. Whether you’re hiring local employees or working with an Employer of Record (EOR), it's essential to understand the state's regulations around working hours to ensure compliance.    

1. Standard Workweek and Overtime

  • Standard Work Hours: The typical workweek in New Mexico consists of 40 hours over seven days.
  • Overtime Regulations: Non-exempt employees are entitled to overtime pay at 1.5 times their regular rate for hours worked beyond 40 in a workweek. Exemptions apply to specific roles such as executive, administrative, and professional positions.

2. Meal and Rest Breaks

  • Meal Breaks: Employers are not required to provide meal breaks. However, if provided, breaks of at least 30 minutes are unpaid.
  • Rest Breaks: There is no statutory requirement for rest breaks in New Mexico; these are provided at the employer's discretion.

Minimum Wage in New Mexico

As of 2024, the minimum wage in New Mexico is $12.00 per hour.

  • Santa Fe County: $14.60 per hour
  • Albuquerque: $12.00 per hour
  • Las Cruces: $12.00 per hour

Overtime in New Mexico

Non-exempt employees in New Mexico are entitled to overtime pay at 1.5 times their regular hourly wage for any hours worked beyond 40 in a workweek. Certain employees, such as those in executive, administrative, or professional roles, may be exempt from these overtime provisions under specific conditions.    

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Onboarding New Hires in New Mexico

We can help you get your new employee started in New Mexico fast, with a minimum onboarding time from just 1-2 working days. Note that the timeline is dependent upon registration with the local authorities, and begins after the employee has submitted all the required information on the Playroll platform.

For non-citizens of the US, a work eligibility assessment may be required, and can add three extra days to the onboarding time. If a follow-up is needed, there may be additional delays.

Please note that payroll cut-off dates can impact the actual first day of employment. Playroll’s payroll cut-off date is the 10th of the month, unless otherwise specified.

Payroll Taxes For New Mexico

Payroll taxes in New Mexico are deductions employers must take from employees’ wages and remit to the state. These taxes fund various state programs and services, including unemployment benefits and disability insurance. Examples of payroll taxes include:    

  • State Income Tax: Rates range from 1.7% to 5.9%, depending on income levels.
  • Unemployment Insurance Tax: Employer contributions range from 0.33% to 6.4%, based on experience rating.
  • Workers' Compensation Fee: Employers pay $2.30 per employee quarterly; employees contribute $2.00.
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Payroll Cycle in New Mexico

Employers in New Mexico must pay employees at least twice a month. Payments for work performed from the 1st to the 15th are due by the 25th, and payments for work performed from the 16th to the end of the month are due by the 10th of the following month.    

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New Mexico Employment Taxes

Employer Tax Contributions

Employers are responsible for state unemployment insurance and workers' compensation fees.

Employer payroll contributions are generally estimated at an additional 0.33% to 6.4% on top of the employee salary in New Mexico.

Employment Tax Type Tax Rate
State Unemployment Insurance (SUI) 0.33% - 6.4%
Workers' Compensation Fee $2.30 per employee per quarter

Employee Tax Contributions

Employee tax contributions are generally estimated at 1.7% to 5.9% of employee salary in New Mexico.

Employee Payroll Tax Contribution Tax Rate
State Income Tax 1.7% - 5.9%
FICA Social Security 6.2%
FICA Medicare 1.45%
Additional Medicare Tax (on earnings over $200,000) 0.9%
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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in New Mexico tailored to your needs.

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Benefit Requirements for Employers in New Mexico

Employers in New Mexico must comply with both state and federal benefit regulations. Learn more about employee benefits.    

Employee Benefits For New Mexico

Competitive benefits are essential for attracting and retaining top talent in New Mexico. Offering the right package helps employees feel valued and motivated. Our benefits experts understand the local labor market's trends, requirements, and expectations, ensuring your employees feel valued and supported. Common benefits in our New Mexico packages include:

  • Pension or 401(K)
  • Vision Insurance
  • Life Insurance
  • Medical Insurance
  • Dental Insurance
  • Health Savings Plan (HSA)
  • Flexible Spending Account (FSA)
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Paid and Unpaid Leave Policies in New Mexico

Sick Leave

Under the Healthy Workplaces Act, employees accrue one hour of paid sick leave for every 30 hours worked, up to 64 hours annually.

Voting Leave

Employees can take up to two hours of paid leave to vote in elections.

Jury Duty Leave

Employers must provide unpaid leave for jury duty, ensuring job protection during the period.

Military Leave

Employees serving in the armed forces are entitled to unpaid leave and reinstatement upon return.

Domestic Violence Leave

Employees may take up to 14 days of unpaid leave annually to address issues related to domestic violence.

It’s Easy To Manage Benefits For Employees In New Mexico With Playroll

Employment Termination Protocols in New Mexico

Hiring Employees in New Mexico with an employer of record

Discuss how an EOR handles onboarding, including setting up compliant employment contracts, registering for taxes, and managing benefits like New Mexico's superannuation system (if applicable).

The employer of record is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with New Mexico's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with New Mexico's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with New Mexico's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by New Mexico's labor laws, such as health insurance, pension contributions, and statutory leave.

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Employer of Record for New Mexico

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FAQS

FAQs About Hiring In New Mexico

How to submit payroll taxes in New Mexico?

Employers must use the New Mexico Taxpayer Access Point (TAP) to remit taxes online.

Is there a minimum wage requirement for employees in New Mexico?

Yes, the 2024 state minimum wage is $12.00 per hour.

Are employers required to offer 401(k) in New Mexico?

No, but the New Mexico Work and Save Act provides a voluntary state retirement program.

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