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New Mexico Minimum Wage & Labor Laws (2026)

In 2026, the New Mexico minimum wage is $12.00/hour. Overtime is 1.5× the regular rate over 40 hours a week. Below are the wage, overtime, final-paycheck and break rules, a calculator pre-set to New Mexico, and how to file a wage claim if you're owed money.

Santa Fe, Las Cruces and Albuquerque set higher local minimums.
New Mexico wage & hour rate sheet
2026 rules, sourced to the U.S. DOL and the state labor department
$12.00/hr
minimum wage
Overtime
1.5x the regular rate for hours over 40 in a workweek. New Mexico follows the federal FLSA weekly rule.
Tipped pay
$3.00/hr cash. Employers may take a tip credit; cash wage plus tips must reach $12.00/hr.
Final paycheck
Fired: Within 5 days (fixed wages); 10 days (commission/task). Quit: Next regular payday.
Meal & rest breaks
Meal: No state requirement (follows federal; none mandated). Rest: No state requirement (none mandated).

New Mexico pay & overtime calculator

Pre-set to New Mexico. Enter your rate and hours.

Your hours

Your pay this week

OT $30.00/hr
Gross pay
$950.00
before taxes and deductions
Regular40 hrs × $20.00$800.00
Overtime (1.50×)5 hrs × $30.00$150.00
Total gross$950.00

New Mexico follows the FLSA weekly rule: 1.5× the regular rate for hours over 40 in a workweek.

New Mexico figures are current for 2026 and compiled from the U.S. Department of Labor and New Mexico's labor department. Cities and counties may set higher local minimums, and industry rules vary, so confirm with your state labor department before relying on this for payroll or a legal decision.

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How to file a wage claim in New Mexico

To recover unpaid wages in New Mexico, file with New Mexico Dept. of Workforce Solutions, Labor Relations Division. Federal law lets you claim up to 2 years of back pay (3 if the violation was willful), plus an equal amount in liquidated damages.

Where to file in New Mexico
Agency
New Mexico Dept. of Workforce Solutions, Labor Relations Division
Federal window
2 years of back pay, or 3 if the violation was willful, plus equal liquidated damages.
New Mexico adds
New Mexico allows up to 2× the unpaid wages.

Step by step

  1. 1
    Gather your records

    Collect pay stubs, time records, schedules and any texts about hours. In New Mexico, your own honest records can carry a claim if the employer's are missing.

  2. 2
    Work out what you're owed

    The back-pay estimator adds up the unpaid wages and how far back you can recover them.

  3. 3
    Send a written demand

    Many disputes settle after a dated letter that states the amount owed and the deadline you're giving the employer to pay.

  4. 4
    File with New Mexico Dept. of Workforce Solutions, Labor Relations Division

    If the employer doesn't pay, file a wage claim with the agency below. Filing is free and you don't need a lawyer.

  5. 5
    Mind the deadline

    Federal claims must be filed within 2 years (3 if willful). Your state may set a shorter deadline for its own process, so don't wait.

New Mexico wage claim questions

Who do I file an unpaid-wage claim with in New Mexico?

New Mexico Dept. of Workforce Solutions, Labor Relations Division. You can also file a federal complaint with the U.S. Department of Labor's Wage and Hour Division. You can also sue in court, often with an employment attorney.

How far back can I recover unpaid wages in New Mexico?

Federal law (FLSA) allows 2 years of back pay, or 3 years for a willful violation, plus an equal amount in liquidated damages. New Mexico allows up to 2× the unpaid wages.

Can my employer retaliate for filing a wage claim in New Mexico?

No. Federal and state law prohibit firing, demoting or punishing you for asserting your right to be paid. Retaliation is a separate violation you can also claim.

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