Frequency of Payments
You must designate regular paydays, which are no more than 16 days apart.
You must pay employees wages earned from the 1st to the 15th of the month by the 25th of the month. You must pay employees wages earned from the 16th to the last day of the month by the 10th day of the following month.
Manner of Payments
You may pay your employees by cash, check, or direct deposit.
Payment Upon Separation
If you discharge an employee for any reason and their wages are a fixed amount, you must pay them within five (5) days of the discharge. If their wages are based on task, piece, commission, or other method of calculation, then you must pay them within 10 days of the discharge.
If the employee quits or resigns voluntarily, you must pay the employee by the next regularly scheduled payday.
If the employee is suspended or resigns due to a labor dispute (like a strike), you must pay them by the next regularly scheduled payday.
Deductions
You may only make a deduction from an employee’s paycheck if
- required or permitted to do so by state or federal law or court order, or
- the employee has consented in writing.
Uniforms & Other Required Equipment or Tools
New Mexico does not have any laws about whether you can require an employee to purchase a uniform or equipment necessary for them to do their job.
Pre-Hire Medical, Physical, & Drug Tests
New Mexico does not have any laws about whether you can require employees to pay for pre-hire exams.
Notice of Wage Reduction
If you plan on reducing an employee’s wage rate, you must notify them before the reduction.
Paystubs
On each payday, you must provide each employee with a paystub, which must include:
- employer’s name,
- employee’s gross pay,
- number of hours worked,
- total wages and benefits earned, and
- an itemized list of all deductions withheld.
Recordkeeping
For each employee, you must keep an accurate record of hours worked and wages paid for at least one (1) year.
Notices
New Mexico does not require you to post payroll-related notices.
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