New Mexico Employee Rights

New Mexico Employee Rights

New Mexico Employee Rights


Quick Guide to New Mexico Employee Rights 

NM Employee Rights

One of the greatest public resources for New Mexico employee rights involving various employee rights in minimum wage, fair pay and equal pay, the hiring process, safety standards, and more is the state’s revised codes.  The Department of Workforce Solutions is also a great resource for multiple NM employee rights and both federal and state laws will be discussed within this article.  

New Mexico Employee Rights in the Hiring Process

There are multiple federal laws and NM employee rights that protect an applicant during the hiring process and most of these laws protect the applicant against discrimination, unlawful drug testing, and access to personal files. 

§50-11-3 of the state’s revised code directly addresses NM employee rights against discrimination of a potential employee who uses tobacco products.  §50-12-1 of New Mexico employee rights during the hiring process discusses state law for the use of employer references and protection against certain information from former employers.  

New Mexico employee rights within the hiring process are controlled by the following federal laws and more: 

• Title VII of the Civil Rights Act of 1964 (which protects NM employee rights in the hiring process dealing with race, color, religion, sex, or national origin, and more) 

• Age Discrimination Act of 1963 (which protects New Mexico employee rights for those who are 40 years or older)

• Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973 (which protects a disabled person’s rights in federal, state, and local sectors)

• Title II of the Genetic Information Nondiscrimination Act of 2008 (which protects NM employee rights against discrimination based on genetic information about the employee) 

Fair Pay and Equal Pay

There are also New Mexico employee rights that cover various employee rights in minimum wage and fair pay and equal pay.  Some of these rights are listed below: 

The Fair Pay and Equal Pay Acts

These acts prohibit sex-based discrimination within the same job.  The Fair Pay and Equal Pay Acts also prohibit an employer from paying employees of equal experience and skill different wages based on sex or any categories under discrimination laws.  

New federal bills have reached the Senate as of June of 2012 for stricter standards within fair pay and equal pay, but as of now, the bill has been blocked.  You will find updated information on this website once the bill is eventually passed or thrown out.  

Various Employee Rights with Minimum Wage

The current minimum wage explained by NM employee rights is $7.50 per hour.  Various employee rights in minimum wage laws allow the employee to negotiate their wage or make a claim against unfair wages, and employees receiving minimum wage operate under the same overtime rules as people with higher pay rates.  

Refer to the article on this website titled, “Quick Guide to Minimum Wages in New Mexico” for more information on various employee rights in minimum wage laws.  §50-4-22 of the state’s statutes also discusses various employee rights in minimum wage.  

If you believe your New Mexico employee rights have been violated, including various employee rights in minimum wage, fair pay and equal pay, the hiring process, or any other aspect of the workplace, you should never be afraid to receive proper compensation from the employer.  NM employee rights under the hiring process, various employee rights under minimum wage laws, fair pay and equal pay, and others are protected under whistleblower laws if you decide to bring suit against an employer.





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