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New Mexico Employment Law

New Mexico Human Rights Act covers employers with 4+ employees. Includes sexual orientation, gender identity, spousal affiliation, and serious medical condition protections.

At-Will

Yes

Right-to-Work

No

EEOC Deferral

300 days

Min. Wage

$12.00

New Mexico State Laws (5)

NM HRA

N.M. Stat. Ann. §§ 28-1-1 to 28-1-15

300 days
4+ employees

The New Mexico Human Rights Act prohibits employment discrimination based on race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, serious medical condition, sexual orientation, gender identity, and spousal affiliation. The Act covers employers with four or more employees and complaints must be filed within 300 days with the New Mexico Human Rights Bureau.

Protected Classes

raceagereligioncolornational originancestrysexphysical or mental handicapserious medical conditionsexual orientationgender identityspousal affiliation

Key Provisions

  • ✓Prohibits discrimination on a broad range of protected classes including sexual orientation, gender identity, and serious medical condition
  • ✓Covers employers with 4 or more employees, lower than the federal 15-employee threshold
  • ✓New Mexico Human Rights Bureau investigates complaints and may hold administrative hearings; employees may also file directly in state district court

Remedies

Back payReinstatementCompensatory damages (emotional distress)Attorney fees and costsInjunctive relief
File with: New Mexico Human Rights Bureau300 days from the discriminatory act

NM Criminal Offender Employment

N.M. Stat. Ann. §§ 28-2-1 to 28-2-6

1095 days
1+ employees

Prohibits private employers from inquiring about an applicant's history of arrest or conviction on the initial employment application. Conviction history may be considered after the application has been reviewed.

Key Provisions

  • ✓Prohibits private employers from inquiring about an applicant's history of arrest or conviction on the initial employment application. Conviction history may be considered after the application has been reviewed.

Remedies

Civil penalties; private right of action limited
File with: NM Department of Workforce Solutions; Attorney GeneralNot specified — general 3 years likely

NM Minimum Wage

N.M. Stat. Ann. §§ 50-4-19 to 50-4-30

1095 days
1+ employees

Establishes state minimum wage ($12.00/hour as of 2026) above federal level, overtime at 1.5x for hours over 40/week, and protects employees from retaliation for asserting wage rights.

Protected Classes

minimum_wageovertime

Key Provisions

  • ✓Establishes state minimum wage ($12.00/hour as of 2026) above federal level, overtime at 1.5x for hours over 40/week, and protects employees from retaliation for asserting wage rights.

Remedies

Unpaid wagesliquidated damages equal to unpaid wagesattorney feescourt costs
File with: New Mexico Department of Workforce Solutions, Labor Relations Division3 years

NM Healthy Workplaces

N.M. Stat. Ann. §§ 50-17-1 to 50-17-9

1095 days
1+ employees

Effective July 1, 2022. Requires private employers to provide 1 hour of paid sick leave per 30 hours worked, up to 64 hours per year. Leave usable for employee's or family member's illness, mental health, domestic abuse, or public health emergency.

Protected Classes

serious_health_conditionfamily_medical_leave

Key Provisions

  • ✓Effective July 1, 2022. Requires private employers to provide 1 hour of paid sick leave per 30 hours worked, up to 64 hours per year. Leave usable for employee's or family member's illness, mental health, domestic abuse, or public health emergency.

Remedies

Lost wages and benefitsequitable reliefstatutory damages 2x lost wagesattorney feescivil penalties
File with: NM Department of Workforce Solutions; private right of action available3 years

NM Whistleblower Protection

N.M. Stat. Ann. §§ 10-16C-1 to 10-16C-6

730 days
1+ employees

Protects public employees from retaliation for communicating information about unlawful or improper acts, including waste of public funds, abuse of authority, or substantial dangers to public health or safety.

Protected Classes

fraud_reporting

Key Provisions

  • ✓Protects public employees from retaliation for communicating information about unlawful or improper acts, including waste of public funds, abuse of authority, or substantial dangers to public health or safety.

Remedies

Reinstatement2x back pay with interestcompensatory damagescivil penalties up to $25Klitigation costs and attorney fees
File with: State district court (private right of action)2 years

Federal Laws That Apply in New Mexico

These federal statutes protect workers nationwide, including in New Mexico. As a deferral state, the EEOC filing deadline is extended to 300 days for most claims.

Title VII15+ employees
300 days
ADA15+ employees
300 days
ADEA20+ employees
300 days
EPA1+ employees
730 days
PDA15+ employees
300 days
PWFA15+ employees
300 days
FMLA50+ employees
730 days
FLSA1+ employees
730 days
Section 19811+ employees
1460 days
GINA15+ employees
300 days
USERRA1+ employees
— days
NLRA1+ employees
180 days
OSH Act1+ employees
30 days
WARN Act100+ employees
— days
Rehabilitation Act1+ employees
300 days
SOX Section 8061+ employees
180 days
INA Section 1324b4+ employees
180 days

Check which laws apply to your situation in New Mexico

Our free assessment identifies applicable federal, state, and local protections based on your specific circumstances.

Check My Rights

This information is provided for educational purposes only and does not constitute legal advice.New Mexico laws are subject to legislative changes. Consult a qualified employment attorney in New Mexico for advice about your specific situation. Last reviewed: March 2026.