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New Mexico Employee Rights

New Mexico Employee Rights

New Mexico Employee Rights: Know Your Rights and Protections

As an employee in New Mexico, it is important to understand your rights and protections under state law. Employers are required to provide certain benefits, protections, and security to their employees, and it is important to be aware of these rights to ensure that you are being treated fairly and legally. This article will cover the key employee rights in New Mexico and provide updated information from government resources.

Minimum Wage and Overtime Pay

One of the primary rights of New Mexico employees is a minimum wage. The minimum wage in New Mexico is currently $10.50 per hour. This rate is subject to change, so it is important to stay up-to-date with current regulations. Additionally, certain categories of employees, such as tipped employees, have different minimum wage requirements. Tipped employees are required to receive a minimum cash wage of $2.55 per hour, but their tips must bring their total earnings up to at least the minimum wage rate.

Employers are also required to pay overtime pay to non-exempt employees in New Mexico. Overtime pay is calculated at one and one-half times the employee’s regular hourly rate for any hours worked over 40 in a workweek. Some exemptions may apply, such as certain types of salaried employees, farmworkers, and domestic workers.

Employment Discrimination and Harassment

Employment discrimination and harassment are prohibited in New Mexico under state and federal laws. Employers are not allowed to discriminate against employees in hiring, firing, promotions, or any other employment decisions based on protected characteristics, including race, color, religion, national origin, sex, age, and disability.

Sexual harassment is also prohibited by New Mexico law, and employers are required to provide a workplace free of harassment and discrimination. Employers must have policies in place to address and prevent harassment in the workplace and take appropriate action if harassment is reported.

Worker’s Compensation

In the event of a workplace injury or illness, New Mexico employees are entitled to worker’s compensation benefits. Worker’s compensation is a type of insurance that provides benefits to employees who are injured or become ill due to their job. This could include medical care, lost wages, and disability payments.

Employers in New Mexico are required to carry worker’s compensation insurance, and employees are eligible for benefits if they are injured or become ill while on the job. It is important to report any workplace injuries or illness to your employer as soon as possible to begin the worker’s compensation process.

Family and Medical Leave

New Mexico employees may be eligible for leave under the federal Family and Medical Leave Act (FMLA) or the state’s own family leave law. FMLA provides eligible employees with up to 12 weeks of unpaid leave for certain qualifying reasons, such as the birth or adoption of a child, serious illness or injury of the employee or their family member, or military leave.

New Mexico’s family leave law provides similar protections and allows eligible employees to take up to 12 weeks of unpaid leave for certain family or medical reasons, as well as up to two weeks of paid leave for certain reasons. To be eligible for leave under this law, employees must have worked for their employer for at least 12 months and have worked at least 1,250 hours in the past 12 months.

Paid Sick Leave

New Mexico employees are entitled to paid sick leave under state law. Most employers are required to provide at least one hour of paid sick leave for every 30 hours worked, up to a maximum of 64 hours per year. The sick leave can be used for the employee’s own illness or to care for a family member.

Employers may offer more generous sick leave policies, but they cannot provide less than the state-mandated sick leave. Employers must also provide notice of the sick leave policy to employees.

Conclusion

It is important for New Mexico employees to understand their rights and protections under state and federal law. From minimum wage and overtime pay to worker’s compensation and family leave, employees have many legal protections in the workplace. If you believe that your rights have been violated, it is important to seek legal advice. By knowing your rights and taking action to protect them, you can ensure that you are being treated fairly and legally in the workplace.


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.