Minimum Wage and Overtime
Section 50-4-22 — at least $12 an hour, $3 for tipped employees, time and a half past forty hours
| Employee | Minimum wage since January 1, 2023 |
|---|---|
| EmployeeMost employees | Minimum wage since January 1, 2023$12.00 an hour |
| EmployeeAn employee customarily receiving more than $30 a month in tips | Minimum wage since January 1, 2023$3.00 an hour, with tips and wage together at least $12.00 |
Who handles this in New Mexico: legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
Tips are kept by the employee who receives them, though wait staff may pool tips. No employee is required to work more than forty hours in a week of seven days unless paid one and one half times the regular rate for the hours over forty.
An employer who violates the minimum wage section owes the affected employees the unpaid wages plus interest and an additional amount of twice the unpaid wages. One or more employees may sue for themselves and others similarly situated, the court allows costs and reasonable attorney fees, and the employee pays no filing fee.
Discharging, demoting or otherwise discriminating against a person for asserting a right under the Minimum Wage Act, or helping another do so, is a violation of the act.
Sources for this section (3)
- NMSA 1978, § 50-4-22 — Minimum wages
- NMSA 1978, § 50-4-26 — Enforcement; penalties; employees' remedies
- NMSA 1978, § 50-4-26.1 — Retaliation prohibited
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.