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New Mexico Payroll Information

New Mexico Wage Payment Requirements

Employers covered by New Mexico's wage payment law must pay wages in intervals of not more than 16 days. Wages earned from the first day to the 15th day of a month must be paid by the 25th day of that month (by the last day of the month if payroll originates out of state), and wages earned from the 16th day to the end of the month must be paid by the 10th day of the next month. Employers are permitted to pay employees more frequently.

Coverage

All employees are covered, except those specifically exempt by statute; among those exempt are agricultural employees.

Frequency of Payment

Employers must pay wages in intervals of not more than 16 days. Wages earned from the first day to the 15th day of a month must be paid by the 25th day of that month (by the last day of the month if payroll originates out of state), and wages earned from the 16th day to the end of a month must be paid by the 10th day of the next month.
Employees paid on a piece, task, or commission basis can agree in writing at the time of hiring to monthly wages paid by the 10th day of the following month.
Professional, administrative, or executive employees or outside salespersons (as these employees are defined by the Fair Labor Standards Act) can be paid once each month.
Employers are permitted to pay employees more frequently in all cases.

Method of Payment

Employers can pay wages in cash or by check.
Payroll debit card: There are no state laws or regulations regarding payroll debit cards. According to the New Mexico Department of Labor, payroll debit cards are permitted if there is no charge to employees. Wages must be paid in full without any reduction or deduction.

Direct Deposit

Direct deposit is allowed when an employee voluntarily authorizes the deposit to a financial institution of the employee's choice. Wages must be deposited without reduction or deductions, except as specified in a written contract of hiring.

Pay Statements

Employers must at the time of each wage payment give every employee an itemized statement showing:
• the employer's name,
• gross wages paid,
• the number of hours worked,
• total wages and benefits earned, and
• itemized deductions.
Electronic pay statements: There are no state laws or regulations regarding electronic pay statements. According to the New Mexico Department of Labor, electronic pay statements are permitted, provided employees can obtain written statements.

Mandatory Poster

Every employer must keep a summary of the law, furnished by the Labor Department without charge, posted in a conspicuous place in the workplace.

Recordkeeping Requirements

All employers must keep records for at least a year of hours worked by and wages paid to all employees. The Labor Department can inspect these records at any reasonable time.

Administration/Enforcement

The New Mexico Department of Labor enforces the law through the Labor and Industrial Division.

Penalties/Remedies

Employers that violate the wage payment laws are guilty of misdemeanors and can be fined $25 to $50, imprisoned for 10 to 90 days, or both.
In wage disputes, employers must pay undisputed amounts at the regular time. Employee acceptance of these payments does not release the remainder of the claim. The Department of Labor can pursue wage claims on behalf of employees or refer them to a district attorney for civil and criminal prosecution.

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