New Mexico Minimum Wage and Local Authority

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.

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.