New Mexico Predictive Scheduling and Local Rules

New Mexico has not enacted a statewide predictive scheduling or fair workweek law requiring advance notice of work schedules, predictability pay for changes, or restrictions on clopening shifts. The state's labor statutes in NMSA 1978 Chapter 50 do not preempt locals from regulating in this area. Cities with home rule charters or general police powers may consider predictive scheduling ordinances similar to those adopted in other states for retail, food service, and hospitality workers. Employers should monitor local government actions, particularly in Albuquerque and Santa Fe, where worker protection ordinances have advanced.

Where local predictive scheduling rules are adopted, violations typically result in predictability pay owed to affected workers and civil administrative penalties on noncompliant employers.