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New Mexico Payroll Information

New Mexico Wage Payment Requirements

Employers covered by wage payment law in the state of New Mexico must pay wages in intervals of no more than 16 calendar days. Wages earned from the first day of the month to the 15th 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 can pay employees more frequently, if desired.

Coverage

The state of New Mexico covers all employees, except those specifically exempt by statute; among those exempt are agricultural employees.

Frequency of Payment

Employers covered by wage payment law in the state of New Mexico must pay wages in intervals of no more than 16 calendar days. Wages earned from the first day of the month to the 15th 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.

If an employee is paid on a piece, task, or commission basis, they can agree to receive monthly wage payment on the 10th day of the following month. As defined by the Fair Labor Standards Act, the following employees can be paid monthly: professional, administrative, or executive employees or outside salespersons.

Employers can pay employees more frequently in call cases, if desired.

Method of Payment

Employers can pay their employees wages in cash or by check.

Payroll debit card: The state of New Mexico has no laws or regulations regarding payroll debit cards. According to the New Mexico Department of Labor, payroll debit cards are permitted, as long as there is no charge to employees. Additionally, employee’s wages must be paid in full without any reduction, deduction or charge.

Direct Deposit

If an employee voluntarily authorizes an employer to do so, direct deposit to a financial institution of the employee's choice is allowed. All of the employee’s wages must be deposited without reduction, deductions,or charge, unless otherwise agreed upon in a written contract at the time of hiring.

Pay Statements

According to New Mexico state law, all employers are required to give their employees an itemized statement that includes:

• The name of the employer

• The employee’s gross wages

• The number of hours the employee worked

• The employee’s total wages and benefits earned

• A list of itemized deductions

Electronic pay statements: The state of New Mexico does not have any laws or regulation regarding electronic pay statements. According to the New Mexico Department of Labor, electronic pay statements are permitted, as long as all employees are able to obtain a written version of the statement upon request.

Mandatory Poster

Every employer in the state of New Mexico is required to must keep a summary of the law, which will be prived by the Labor Department without charge, posted in a common area in the workplace.

Recordkeeping Requirements

All employers are required to keep detailed records of all hours and wages paid to employees for at least one year. The Labor Department has the right to 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

Any employer in the state of New Mexico that has violated wage payment laws is guilty of a misdemeanor can be fined  $25 to $50, imprisoned for 10 to 90 days, or both.

In the case of a wage dispute, the employer is required to pay all undisputed amounts at the regular time. The employees acceptance of the undisputed amount does not mean they have released the employer from the remainder of the claim. Additionally, the Department of Labor might pursue wage claims on behalf of employees or refer them to a district attorney for civil and criminal prosecution, in order to resolve the situation in the simplest manner.