Equal Pay
Section 28-23-3 — no lower rate for the same work because of sex
No employer pays employees in an establishment at a lower rate than it pays employees of the opposite sex for equal work on jobs requiring equal skill, effort and responsibility under similar conditions, except under a seniority system, a merit system, or a system measuring earnings by quantity or quality of production.
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
An employer may not lower anyone's wage to comply, and an agreement for a specific wage that violates the Fair Pay for Women Act does not stop an employee from raising a claim under it.
Sources for this section (1)
- NMSA 1978, § 28-23-3 — Prohibition on paying employees less for same work
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.