New Mexico Free Printable Minimum Wage Law Posters New Mexico Minimum Wage Act Poster Required

The New Mexico Minimum Wage Act is a minimum wage law poster by the New Mexico Department Of Workforce Solutions. This is a mandatory posting for all employers in New Mexico, and businesses who fail to comply may be subject to fines or sanctions.

This poster must be posted in a conspicuous place where all employees will see it. This poster describes the minimum wage that employers must pay tipped and untipped employees as well as how to deal with overtime pay. This poster also lists where to go in case an individual has their rights violated under this law as well as the penalties on employers who violate this law.


NM All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both New Mexico and Federal poster requirements by clicking here .

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50-4-21. Definitions.  As used in the Minimum Wage Act [50-4-20 NMSA 1978]:  
A. "employ" includes suffer or permit to work;  
B.  "employer"  includes  any  individual,  partnership,  association,  corporation,  business  trust,  legal 
representative  or any  organized  group  of  persons  employing  one  or  more  employees  at  any  one  time,  acting 
directly  or indirectly in  the interest  of an employer in  relation  to  an employee, but  shall not  include the United 
States, the state or any political subdivision of the state; provided, however, that for the purposes of Subsection 
A of Section 50-4-22 NMSA 1978, "employer" includes the state or any political subdivision of the state; and  
C. "employee" includes an individual employed by an employer, but shall not include:  
(1) an individual employed in domestic service in or about a private home;  
(2)  an  individual  employed  in  a  bona  fide  executive,  administrative  or  professional  capacity  and 
forepersons, superintendents and supervisors;  
(3)  an  individual  employed  by  the  United  States,  the  state  or  any  political  subdivision  of  the  state; 
provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, "employee" includes 
an individual employed by the state or any political subdivision of the state;  
(4)  an  individual  engaged  in  the  activities  of  an  educational,  charitable,  religious  or  nonprofit 
organization where the employer-employee relationship does not, in fact, exist or where the services rendered to 
such  organizations  are  on  a  voluntary  basis.  The  employer-employee  relationship  shall  not  be  deemed  to  exist 
with  respect  to  an  individual  being  served  for  purposes  of  rehabilitation  by  a  charitable  or  nonprofit 
organization,  notwithstanding  the  payment  to  the  individual  of  a  stipend  based  upon  the  value  of  the  work 
performed by the individual;  
(5)  salespersons  or  employees  compensated  upon  piecework,  flat  rate  schedules  or  commission 
basis;  
(6)  students  regularly  enrolled  in  primary  or  secondary  schools  working  after  school  hours  or  on 
vacation;  
(7) registered apprentices and learners otherwise provided by law;  
(8) persons eighteen  years of  age or under who  are not  students  in  a primary, secondary, vocational 
or training school;  
(9) persons eighteen years of age or under who are not graduates of a secondary school;  
(10) G.I. bill trainees while under training;  
(11) seasonal employees of an employer obtaining and holding a valid certificate issued annually by 
the director of the labor  relations division  of the  workforce solutions  department.  The  certificate shall state the 
job  designations  and  total  number  of  employees  to  be  exempted.  In  approving  or  disapproving  an  application 
for a certificate of exemption, the director shall consider the following:  
(a)  whether  such  employment  shall  be  at  an  educational,  charitable  or  religious  youth  camp  or 
retreat;  
(b) that such employment will be of a temporary nature;  
(c) that the individual will be furnished room and board in connection with such employment, or 
if  the  camp  or  retreat  is  a  day  camp  or  retreat,  the  individual  will  be  furnished  board  in  connection  with  such 
employment;  
(d) the purposes for which the camp or retreat is operated;  
(e) the job classifications for the positions to be exempted; and  
(f) any other factors that the director deems necessary to consider;  
(12) any employee employed in agriculture:  
NEW MEXICO DEPARTMENT OF WORKFORCE SOLUTIONS 
LABOR RELATIONS DIVISION 
NEW MEXICO MINIMUM WAGE ACT

(a) if the employee is employed by an employer who did not, during any calendar quarter during 
the preceding calendar year, use more than five hundred man-days of agricultural labor;  
(b)  if  the  employee  is  the  parent,  spouse,  child  or  other  member  of  the  employer's  immediate 
family;  for  the  purpose  of  this  subsection,  the  employer  shall  include  the  principal  stockholder  of  a  family 
corporation;  
(c) if the employee: 1) is employed as a hand-harvest laborer and is paid on a piece-rate basis in 
an  operation  that  has  been,  and  is  customarily and  generally  recognized  as  having  been,  paid  on  a  piece-rate 
basis in the region of employment; 2) commutes daily from the employee's permanent residence to the farm on 
which the employee is so employed; and 3) has been employed in agriculture less than thirteen weeks during the 
preceding calendar year;  
(d)  if  the  employee,  other  than  an  employee  described  in  Subparagraph  (c)  of  this  paragraph:  1) 
is  sixteen  years  of  age  or  under  and  is  employed  as  a  hand-harvest  laborer,  is  paid  on  a  piece-rate  basis  in an 
operation  that  has  been,  and  is  generally  recognized  as  having  been,  paid  on  a  piece-rate  basis  in  the  region  of 
employment;  2)  is  employed  on  the  same  farm  as  the  employee's  parent  or  person  standing  in  the  place  of  the 
parent; and 3) is paid at the same piece-rate as employees over age sixteen are paid on the same farm; or  
(e)  if  the  employee  is  principally  engaged  in  the  range  production  of  livestock  or  in  milk 
production;  
(13)  an  employee  engaged  in  the  handling,  drying,  packing,  packaging,  processing,  freezing  or 
canning of any agricultural or horticultural commodity in its unmanufactured state; or  
(14)  employees  of  charitable,  religious  or  nonprofit  organizations  who  reside  on  the  premises  of 
group  homes  operated  by  such  charitable,  religious  or  nonprofit  organizations  for  persons  who  have  a  mental, 
emotional or developmental disability.  
 
50-4-22. Minimum wages.   
A. An employer shall pay an employee the minimum wage rate of six dollars fifty cents ($6.50) an hour. As 
of January 1, 2009, an employer shall pay the minimum wage rate of seven dollars fifty cents ($7.50) an hour.  
B. An employer furnishing food, utilities, supplies or housing to an employee who is engaged in agriculture 
may deduct the reasonable value of such furnished items from any wages due to the employee.  
C.  An  employee  who  customarily  and  regularly  receives  more  than  thirty  dollars  ($30.00)  a  month  in  tips 
shall be paid  a minimum hourly  wage of two dollars thirteen cents  ($2.13). The employer may consider tips as 
part of wages, but the tips combined with the employer's cash wage shall not equal less than the minimum wage 
rate  as  provided  in  Subsection  A  of  this  section.  All  tips  received  by  such  employees  shall  be  retained  by  the 
employee, except that nothing in this section shall prohibit the pooling of tips among employees.  
D. An employee shall not  be required to  work more than forty hours in  any  week of seven days, unless the 
employee  is  paid  one  and  one-half  times  the  employee's  regular  hourly  rate  of  pay  for  all  hours  worked  in 
excess of forty hours. For an employee who is paid a fixed salary for fluctuating hours and who is employed by 
an  employer  a  majority  of  whose  business  in  New  Mexico  consists  of  providing  investigative  services  to  the 
federal  government,  the  hourly  rate  may  be  calculated  in  accordance  with  the  provisions  of  the  federal  Fair 
Labor  Standards  Act  of  1938  and  the  regulations  pursuant  to  that  act;  provided  that  in  no  case  shall  the  hourly 
rate be less than the federal minimum wage.  
 
50-4-22.1. Temporary state preemption; saving clause.   
A.  Except  as  provided  in  Subsection  B  of  this  section,  cities,  counties,  home  rule  municipalities  and  other 
political subdivisions of the state shall not adopt or continue in effect any law or ordinance that would mandate 
a  minimum  wage  rate  higher  than  that  set  forth  in  the  Minimum  Wage  Act  [50-4-20 NMSA  1978].  The 
provisions of this subsection expire on January 1, 2010.  
B. A local law or ordinance, whether advisory  or self-executing, in effect  on January  1, 2007 that  provides 
for  a  higher  minimum  wage  rate  than  that  set  forth  in  the  Minimum  Wage  Act  shall  continue in  full  force  and 
effect until repealed.

50-4-24. Employers exempt from overtime provisions for certain employees.   
A.  An  employer  of  workers  engaged  in  the  ginning  of  cotton  for  market,  in  a  place  of  employment  located 
within  a  county  where  cotton  is  grown  in  commercial  quantities,  is  exempt  from  the  overtime  provisions  of 
Subsection  D  of  Section 50-4-22 NMSA  1978  if  each  employee  is  employed  for  a  period  of  not  more  than 
fourteen weeks in the aggregate in a calendar year.  
B.  An  employer  of  workers  engaged  in  agriculture  is  exempt  from  the  overtime  provisions  set  forth  in 
Subsection D of Section 50-4-22 NMSA 1978. As used in this subsection, "agriculture" has the meaning used in 
Section 203 of the federal Fair Labor Standards Act of 1938.  
C. An employer is exempt from the overtime provisions set forth in Subsection D of Section 50-4-22 NMSA 
1978 if the hours worked in excess of forty hours in a week of seven days are:  
(1) worked by an  employee of  an air  carrier providing scheduled passenger air transportation subject  to 
Subchapter  II of the federal  Railway  Labor Act  or the air carrier's subsidiary that is  subject  to  Subchapter  II  of 
the federal Railway Labor Act;  
(2) not required by the employer; and  
(3) arranged through a voluntary  agreement among  employees to  trade scheduled work shifts;  provided 
that the agreement shall:  
(a) be in writing;  
(b) be signed by the employees involved in the agreement;  
(c)  include  a  requirement  that  an  employee  who  trades  a  scheduled  work  shift  is  responsible  for 
working the shift so agreed to as part of the employee's regular work schedule; and  
(d)  not  require  an  employee  to  work  more  than:  1)  thirteen  consecutive  days;  2)  sixteen  hours  in  a 
single  work  day;  3)  sixty  hours  within a  single  work  week;  or  4)  can  be  required  as  provided  in  a  collective 
bargaining agreement to which the employee is subject.  
 
 
50-4-25. Posting of summary of the act.   
Every  employer  subject  to  the  Minimum  Wage  Act  [50-4-20 NMSA  1978]  shall  keep  a  summary  of  it, 
furnished  by  the  labor  commissioner  [director  of  the  labor  and  industrial  division]  without  charge,  posted  in  a 
conspicuous place on or about the premises wherein any person subject to the Minimum Wage Act is employed, 
and the summary shall clearly and conspicuously set forth the current minimum wage.  
 
50-4-26. Enforcement; penalties; employees' remedies.   
A.  An  employer  who  violates  any  of  the  provisions  of  the  Minimum Wage  Act  is  guilty  of  a  misdemeanor 
and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.  
B.  The  director  of  the  labor  relations  division  of  the  workforce  solutions  department  shall  enforce  and 
prosecute violations of the Minimum Wage Act. The director may institute in the name of the state an action in 
the  district  court  of  the  county  wherein  the  employer  who  has  failed  to  comply  with  the  Minimum  Wage  Act 
resides  or  has  a  principal  office  or  place  of  business,  for  the  purpose  of  prosecuting  violations.  The  district 
attorney for the district wherein any violation hereof occurs shall aid and assist the director in the prosecution.  
C.  In  addition  to  penalties  provided  pursuant  to  this  section,  an  employer  who  violates  any  provision  of 
Section 50-4-22 NMSA  1978  shall  be  liable  to  the  employees  affected  in  the  amount  of  their  unpaid  or 
underpaid  minimum  wages  plus  interest,  and  in  an  additional  amount  equal  to  twice  the  unpaid  or  underpaid 
wages.  
D. An action to  recover such liability may be maintained in  any court of competent  jurisdiction by  any one 
or more employees for and on behalf of the employee or employees and for other employees similarly situated, 
or  such  employee  or  employees  may  designate  an  agent  or  representative  to  maintain  such  action  on  behalf  of 
all employees similarly situated.  
E.  The  court  in  any  action  brought  under  Subsection  D  of  this  section  shall,  in  addition  to  any  judgment 
awarded  to  the  plaintiff  or  plaintiffs,  allow  costs  of  the  action  and  reasonable  attorney  fees  to  be  paid  by  the

defendant.  In  any  proceedings  brought  pursuant  to  the  provisions  of  this  section,  the  employee  shall  not  be 
required to pay any filing fee or other court costs necessarily incurred in such proceedings.  
F. In addition to any remedy or punishment provided pursuant to the Minimum Wage Act, a court may order 
appropriate injunctive relief, including requiring an employer to post in the place of business a notice describing 
violations  by  the  employer  as  found  by  the  court  or  a  copy  of  a  cease  and  desist  order  applicable  to  the 
employer.  
G. Civil  actions and appeals  of civil  actions brought  to  collect  unpaid  or  underpaid  wages, interest  and any 
other amounts due under this section shall be heard by the court at the earliest possible date and shall be entitled 
to a preference over all other civil actions, to the same extent as civil actions to collect contributions pursuant to 
Section 51-1-36 NMSA 1978, on the calendar of the court.  
 
50-4-26.1. Retaliation prohibited.   
It  is  a  violation  of  the  Minimum  Wage  Act  [50-4-20 NMSA  1978]  for  an  employer  or  any  other  person  to 
discharge,  demote,  deny  promotion  to  or  in  any  other  way  discriminate  against  a  person  in  the  terms  or 
conditions of employment in retaliation for the person asserting a claim or right pursuant to the Minimum Wage 
Act or assisting another person to do so or for informing another person about employment rights or other rights 
provided by law.  
 
50-4-27.  Authority  of  labor  commissioner  [director  of  the  labor  and  industrial  division]  to  promulgate 
rules; hearing on rules; notice; publication.   
The  state  labor  commissioner  [director  of  the  labor  and  industrial  division]  shall  have  the  authority  to 
promulgate  and  issue  rules  and regulations  necessary  to  administer  and  accomplish  the  purposes  of  the 
Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978]. Such rules and regulations shall be adopted after notice 
and  public  hearing.  A  copy  of  the  notice  of  hearing  together  with  a  copy  of  the  proposed  regulations  shall  be 
filed with the librarian of the supreme court library at least twenty days prior to the hearing. In addition, a copy 
of the notice of hearing shall be sent to all known interested persons. Any interested person shall have the right 
to appear and present evidence.  
 
 
 
Any VIOLATIONS should be reported promptly to the New Mexico Department of Workforce Solutions, 
Labor Relations Division at:  
 
Albuquerque Office 121 Tijeras NE, Suite 3000, Albuquerque, NM 87102 (505) 841-4400  
Las Cruces Office 226 South Alameda Blvd, Las Cruces, NM 88005 (575) 524-6195 
Santa Fe Office 1596 Pacheco Street, Suite 201, Santa Fe, NM 87501 (505) 827-6817

Other New Mexico Labor Law Posters 4 PDFS

There are an additional three optional and mandatory New Mexico labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.

Poster Name Poster Type
Mandatory Workers' Compensation Act Workers Compensation Law
Mandatory New Mexico Minimum Wage Act Minimum Wage Law
Mandatory New Mexico Job Health and Safety Poster Job Safety Law
Mandatory Discrimination is against the Law Equal Opportunity Law

View all 4 New Mexico labor law posters


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