New Mexico Statewide Rule

New Mexico Minimum Wage and Local Authority

Heavy RestrictionsApplies statewide across New Mexico (2026)

Key Facts

Note: State sets minimum wage floor
Note: No preemption of local ordinances
Note: Several cities have higher rates
Note: Tipped wage rules apply
Note: DWS enforces violations

Last verified: September 5, 2026Source: Justia Law

Summary

New Mexico sets a statewide minimum wage but does not preempt local minimum wage ordinances, allowing cities and counties to set higher local minimums than state law.

Except as provided in Subsection B of this section, cities, counties, home rule municipalities and other political subdivisions of the state shall not adopt or continue in effect any law or ordinance that would mandate a minimum wage rate higher than that set forth in the Minimum Wage Act [50-4-19 to 50-4-30 NMSA 1978]. The provisions of this subsection expire on January 1, 2010. B. A local law or ordinance, whether advisory or self-executing, in effect on January 1, 2007 that provides for a higher minimum wage rate than that set forth in the Minimum Wage Act shall continue in full force and effect until repealed. History: Laws 2007, ch. 47, § 3.

Source: Justia LawView official code

Full Breakdown

Under NMSA 1978 Chapter 50, Article 4, the state minimum wage is established by statute, with the current rate set legislatively and applicable to most employers. Unlike many states with explicit preemption, New Mexico has not enacted a law forbidding local minimum wage ordinances. Albuquerque, Santa Fe, Santa Fe County, Las Cruces, and Bernalillo County have all enacted local minimum wage ordinances exceeding state floors. Tipped employees have separate cash wage requirements with tip credits to reach the full minimum. Employers must comply with whichever wage applicable, generally the higher of state or local rates.

Violations & Penalties

Wage violations are subject to recovery of unpaid wages, liquidated damages, attorney fees, and civil penalties enforced by the Department of Workforce Solutions or through private action.

Frequently Asked Questions

Do I follow state or city minimum wage?

You must follow the higher of the two; if your city has a higher minimum than the state, the city rate applies.

Can localities raise tipped wages?

Yes, several New Mexico cities have set higher tipped minimum wage rates than the state floor.

Sources

Source

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