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Women are
88%
more likely to
live in poverty
than white men in
New Mexico
Single-woman led households are at the
highest risk
of poverty in
New Mexico
In
New Mexico
, women earn
$0.62
for every dollar a white man makes
Women in
New Mexico
are
89%
more likely to earn
minimum wage
than white men
Women in
New Mexico
are
76%
more likely to earn a
tipped wage
than white men
In
New Mexico
, at least
73%
of women are essential to the financial security of their household
New Mexico’s equal pay law requires that employers with more than 4 employees provide equal pay on the basis of sex for full-time jobs that require equal skill, effort, and responsibility that are done under similar working conditions in the same establishment.[1]
· Affirmative Defenses: To justify a pay disparity, an employer can assert that it was based on a merit system, seniority system, or comparison of earnings by quality or quantity of production.[2]
· Retaliation: Employers cannot discharge, demote, deny a promotion, or discriminate against an employee who is asserting a claim or assisting another person asserting a claim under the equal pay law. [3]
[1] N.M. Stat. Ann. § 28-23-1 (2013).
[2] N.M. Stat. Ann. § 28-23-1 (2013).
[3] N.M. Stat. Ann. § 50-4-26.1 (2009).
No. It offers similar protection as federal law but includes an employee threshold unlike federal law.[1]
[1] Equal Pay Act, 29 U.S.C.§ 206(d)(1).
No. New Mexico law currently does not mandate pay disclosure.
No. New Mexico currently does not prohibit use of prior salary in hiring.
No. New Mexico law currently does not include protection for employees’ pay discussions. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see National Labor Relations Act, 29 U.S.C. §§ 151-169.
No. New Mexico law currently does not mandate the collection of gender-based pay data.
Yes. The New Mexico minimum wage is higher than the federal minimum wage and certain localities have set a higher minimum wage. The state currently does not adjust/index the minimum wage to inflation or rises in cost of living.
No. Employers can pay a lower minimum wage to tipped workers as well as certain other categories of workers.
Yes. Employers must pay their employees at least semi-monthly. However, employers can pay those in executive or supervisory roles once per month.[1]
[1] N.M. Stat. Ann. § 50-4-2 (2005).
Yes. Employers must provide a statement of wages at each pay period that identifies the employer and specifies the employee's gross pay, hours worked, total wages and benefits earned, and all deductions withheld.[1]
[1] N.M. Stat. Ann. § 50-4-2 (2005); Investigations Manual Labor Relations Division, New Mexico Department of Workforce Solutions, https://www.dws.state.nm.us/Portals/0/DM/LaborRelations/LRD_Manual_Final_11-14-19.pdf?ver=2020-02-03-170003-853 (2019).
Yes. New Mexico law follows federal guidelines. Covered nonexempt employees who work more than 40 hours must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1] Certain exemptions apply.
[1] Fair Labor Standards Act, 29 U.S.C. § 207; N.M. Stat. Ann. § 50-4-22 (2021).
Yes. New Mexico law prohibits various form of wage theft, including minimum wage violations. Violations of the Minimum Wage Act are considered misdemeanors. If an employer violates the minimum wage requirements they are liable for minimum wages plus interest (unpaid or underpaid), plus an amount equal to twice the missing wages.[1] In addition to remedies or punishment, the court can order injunctive relief and require an employer to post violations or a cease and desist in their place of business.[2]
[1] N.M. Stat. Ann. § 50-4-26 (2013).
[2] N.M. Stat. Ann. § 50-4-26 (2013).
