New Mexico Labor Laws Breaks: What Employers and Employees Need to Know
Introduction
New Mexico’s labor laws regulate the relationship between employers and employees in many areas. One crucial aspect of these laws is the rules and regulations regarding breaks. Break laws ensure that employees receive necessary rest time to perform their job duties adequately and prevent exhaustion and burnout.
In this article, we will discuss New Mexico’s labor laws regarding breaks, including the types of breaks employees are entitled to, the length of each break, and the rules employers need to follow. Additionally, we will cover any consequences that employers may face for non-compliance with these regulations.
Types of Breaks
New Mexico law provides for three types of breaks for employees:
1. Rest Breaks
Rest breaks are short periods of rest that employees are entitled to receive during the workday. These breaks are meant to provide a brief respite from work and to help employees return to their duties refreshed. In New Mexico, employers are required to provide non-exempt employees with rest breaks.
2. Meal Breaks
Meal breaks are more extended time periods than rest breaks. These breaks are meant to provide employees with adequate time to consume a meal and rest before returning to work. Employers are not legally required to provide meal breaks to employees, but if they do offer them, they must adhere to specific regulations.
3. Bathroom Breaks
New Mexico labor laws require employers to allow their employees to use the restroom facilities as necessary. Employers should not place any unreasonable restrictions or regulations on employees when it comes to using the restroom.
Length of Breaks
The length of breaks can vary based on their type and duration of the employee’s shift.
1. Rest Breaks
In New Mexico, employees must receive a ten-minute paid rest break for every four hours worked. Employers must allow for rest periods near the middle of each four-hour period (or as close to it as possible). This means that employees who work a standard eight-hour shift would be entitled to two rest breaks.
2. Meal Breaks
Employers are not required to provide meal breaks under New Mexico labor laws. If they do offer meal breaks, they must adhere to specific regulations. Generally, meal breaks of thirty minutes or more should not be considered work time.
3. Bathroom Breaks
Employees are allowed to take bathroom breaks as necessary without any restrictions or limitations by their employer.
Rules for Employers
New Mexico labor laws place several requirements on employers regarding breaks. These regulations include:
1. Providing Rest Breaks
Employers are required to provide rest breaks to non-exempt employees. These breaks are mandatory and must be provided without any deductions or changes to the employee’s pay.
2. Allowing Meal Breaks
Employers who offer meal breaks must allow their employees to take them. These breaks should be provided during the workday and should be long enough for employees to eat and relax.
3. Paying for Breaks
Rest breaks are considered paid time under New Mexico law. Any time an employee spends on a rest break should be paid at their regular rate of pay.
4. Monitoring Breaks
Employers must monitor their employees to ensure that they take the appropriate number of rest breaks. Employers must not discourage employees from taking breaks or retaliate against employees who take them.
5. Providing Facility Access
Employers must provide employees access to clean and convenient restroom facilities as necessary.
Consequences of Non-Compliance
Employers who fail to follow New Mexico labor laws regarding breaks can face significant consequences, including:
1. Fines
Employers who are found to be in violation of break laws in New Mexico can face fines and financial penalties. The exact amount of the fine may vary depending on the severity of the violation.
2. Lawsuits
Employees who are denied breaks or who are otherwise mistreated may decide to file a lawsuit against the employer seeking compensation for their losses or damages caused by the employer’s violation of New Mexico break laws.
3. Legal Action
The New Mexico Department of Workforce Solutions may initiate legal action against employers that are found to be in violation of break laws. This can lead to significant legal expenses and financial losses for the employer.
Conclusion
Overall, breaks are essential in promoting employee health, productivity, and overall well-being. New Mexico labor laws ensure that workers receive necessary break periods, including rest breaks and access to clean bathroom facilities. Employers in New Mexico should familiarize themselves with these regulations to avoid any legal consequences and ensure that their employees are adequately protected.
Employees should also be aware of their rights regarding breaks, including rest breaks and bathroom breaks. If an employee believes that their employer is violating New Mexico labor laws related to breaks, they should consider speaking with an employment attorney.
Quick Guide to New Mexico’s Labor Laws on Breaks and Meal Periods
New Mexico Labor Laws: Breaks
NM labor laws on breaks are few in number and do not state that an employer needs to give breaks to a person 18 years or older. Â There are certain provisions for mothers that are breastfeeding under NM labor laws for breaks and under federal law as well, and there are federal laws for labor unions and those practicing in certain occupations. Â Some NM labor laws on breaks are discussed in this article.
You can find more information about New Mexico labor laws on breaks under the state’s legislature or under the state’s Department of Workplace Solutions.
Specific NM Labor Laws on Breaks: Breaks for Breastfeeding Mothers
Laws that directly address a mother’s right to expressing breast milk in the workplace are not covered by New Mexico’s labor laws on breaks, but instead within the Human Rights chapter.  Specifically, §28-20-2 of New Mexico’s labor laws on breaks states that employers needs to provide a clean, private place (other than a bathroom) for new mothers that need to express breast milk.
The section relating to New Mexico’s labor laws on breaks also states an employer is required to give the new mother breaks.  Yet, the employer is not liable for refrigeration for the milk, nor is the employer required to pay the mother during the breaks if they are apart from other breaks scheduled for all employees according to New Mexico’s labor laws on breaks.
Does my employer have to provide holidays, vacation, or sick time under NM Labor Laws (Breaks)?
New Mexico labor laws on breaks state that an employer is not entitled to provide the employee with vacation time, holidays, or even sick pay.  Many employers will disregard NM labor laws on breaks and provide employers with such benefits to improve the efficiency within the workplace however.  An employee has the right to enter into bargaining agreements with an employer according to New Mexico’s labor laws on breaks as well.
Child Labor and New Mexico Labor Laws for Breaks
New Mexico’s labor laws on breaks listed above do not necessarily apply to a minor under the age of 16.  Minors 16 or older operate under the same New Mexico labor laws as workers 18 or older, except that minors 16 or older may not work in certain hazardous professions.
According to NM labor laws on breaks under the state’s Department of Workforce Solutions, the following conditions apply to minors between the age of 14 and 15:
• no working during school hours in any cases
• no working before 7 a.m. or after 7 p.m. or to 9 p.m. between June 1 and Labor Day
• no working more than 3 hours on school day
• more than 18 hours during a school week
Overtime rules do not apply minors under the age of 16 because New Mexico labor laws for breaks state such a minor cannot work more than 40 hours in a week.
If an employer disregards New Mexico’s labor laws in breaks for minors or any other person obligated to take breaks, there may heavy fines and penalties for such violations.  If a minor is engaged in certain professions like agriculture on a family farm, some NM labor laws on breaks may not apply.
