New Mexico · updated 2026-10
New Mexico Overtime & Break Laws
Time and a half after 40 hours in a workweek.
Overtime
40h / week
Time and a half after 40 hours in a workweek.
Time and a half after 40 hours in a 7-day workweek under the NM Minimum Wage Act (NMSA 50-4-22). NM DWS pages were blocked (403), so this comes from the DOL table.
Meal break
Not required
No state law requires a meal break for adult employees in New Mexico; it's up to the employer. If a break is under 20 minutes, federal law treats it as paid work time.
Rest breaks
Not required
New Mexico law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
Minimum wage
$12.00
$12.00 an hour (since 2023-01-01). Local rates: City of Santa Fe and Santa Fe County $15.40 (from 2026-03-01; the city goes to $17.50 on 2027-01-01), Las Cruces $13.01 (2026-01-01). Albuquerque's own rate ($11.85) is below the state's, so $12.00 applies there. The state tipped cash wage is reported as $3.00 (DWS page not loaded).
New Mexico time card
| Day | Clock in | Break min | Clock out | Hours |
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New Mexico pay and break questions
When does overtime start in New Mexico?
Time and a half after 40 hours in a workweek. Time and a half after 40 hours in a 7-day workweek under the NM Minimum Wage Act (NMSA 50-4-22). NM DWS pages were blocked (403), so this comes from the DOL table.
Are lunch breaks required in New Mexico?
No state law requires a meal break for adult employees in New Mexico; it's up to the employer. If a break is under 20 minutes, federal law treats it as paid work time.
Are rest breaks required in New Mexico?
New Mexico law doesn't require rest breaks for adults. Short breaks an employer does give (5–20 minutes) must be paid under federal rules.
What is the minimum wage in New Mexico?
$12.00 an hour (since 2023-01-01). Local rates: City of Santa Fe and Santa Fe County $15.40 (from 2026-03-01; the city goes to $17.50 on 2027-01-01), Las Cruces $13.01 (2026-01-01). Albuquerque's own rate ($11.85) is below the state's, so $12.00 applies there. The state tipped cash wage is reported as $3.00 (DWS page not loaded).
Workers under 18 in New Mexico
Teens have extra limits on hours and times of day, and may need a work permit. See New Mexico teen work rules and which employers hire at 14 and 15.
Questions or a complaint? Contact the New Mexico Department of Workforce Solutions, Labor Relations Division.