New Mexico employment law compliance requirements

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers must provide employees with 1 hour of paid sick leave for every 30 hours worked, up to a maximum of 64 hours per year. This applies to all private employers regardless of size.

NMSA 1978 § 50-17-1 et seq. · effective Jul 2022 · source

If an employer provides paid sick leave, they must permit employees to use that leave to care for family members under the same terms and conditions.

NMSA 1978 § 50-16-3 · effective Jun 2019 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

When an employer discharges an employee, unpaid wages that are a fixed and definite amount must be paid within 5 days of discharge. If the wages are based on a task, piece, or commission, they must be paid within 10 days.

NMSA 1978 § 50-4-4 · effective Jan 1978 · source

When an employee resigns, the employer must pay the employee's final wages on the next succeeding regular payday.

NMSA 1978 § 50-4-5 · effective Jan 1978 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employers must pay employees a minimum wage of $12.00 per hour. Tipped employees must be paid a minimum of $3.00 per hour, provided their tips bring them up to the state minimum wage.

NMSA 1978 § 50-4-22 · effective Jan 2023 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Private employers are prohibited from inquiring into an applicant's arrest or conviction history on an initial written application. Employers may inquire about criminal history after the initial application has been received and reviewed.

NMSA 1978 § 28-2-3.1 · effective Jun 2019 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938

Non-compete provisions in agreements with certain healthcare practitioners (such as doctors, osteopathic physicians, and dentists) are unenforceable, with limited exceptions for shareholders or partners.

NMSA 1978 § 24-1I-2 · effective Jul 2015

Employers must provide clean, private space (not a bathroom) and flexible break times for employees to express breast milk.

NMSA 1978 § 28-20-1 · effective Jun 2007 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990