Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor. An approved copy of the minimum wage poster is made available for informational purposes or for employers to use as posters.
New Mexico Fair Labor Standards Act FLSA Minimum Wage Poster
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How to fill out Fair Labor Standards Act FLSA Minimum Wage Poster?
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When an employee is discharged, unpaid wages become due immediately if demanded and must be paid no later than five days after discharge, for fixed or definite amounts. N.M. Stat. § 50-4-4. All other wages of discharged employees shall be made within ten days of discharge.
Under New Mexico law, employees are entitled to certain leaves or time off, including military leave, voting leave, domestic violence leave, emergency responder leave and paid sick leave. See Time Off and Leaves of Absence. New Mexico prohibits smoking in the workplace and texting while driving. See Health and Safety.
New Mexico exempt the following employees from its minimum wage and overtime requirements: individuals working for educational, charitable, religious or nonprofit organizations where the services are rendered on a voluntarily basis and an employer-employee relationship does not, in fact, exist.
Not required by state law. Employers are not required by law to pay unused employee benefits. Nevertheless, if an employer has a PTO policy that allows for accruing vacation or other PTO, any unused amount is considered earned wages and must be paid in the final paycheck.
The Federal Fair Labor Standards Act (FLSA) governs, but is not limited to setting a minimum hourly wage, establishing a minimum age to work, identifying compensable hours, and defining overtime and overtime compensation. These apply to the New Mexico Judicial Branch.
The State of New Mexico has no law requiring meal breaks or rest periods. However, any break that is less than 30 minutes long must be paid. As of January 1, 2023, the minimum wage in New Mexico is $12.00 per hour. Tipped employees must earn $3.00 per hour.
New Mexico's pay frequency statute requires employers to pay employees no more than 16 days apart. For wages earned from the 1st to the 15th day, employers shall pay by the 25th day of the month. For wages earned from the 16th to the last day of the month, employers shall pay by the 10th of the following month.
When does an employer have to pay final wages to a terminated employee? If the wages owed are a fixed and definite amount, the employer shall pay such wages to the employee within five days of such discharge. Task, piece, and commission wages must be paid within ten days of such discharge.