Dealing With Unpaid Wages in New Mexico
My employer hasn't paid me — here's what New Mexico law says and what to do next.
Statute: N.M. Stat. § 50-4-4
Deadline: 10 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How New Mexico differs from federal law
New Mexico has a minimum wage above the federal level with annual increases:
- $12.00/hr as of January 2023, with future increases tied to CPI adjustments
- New Mexico allows a tip credit — tipped employees can be paid $3.00/hr if tips bring total to minimum wage
- There is no separate youth minimum wage in New Mexico
- Several New Mexico cities have higher local minimums — Santa Fe has one of the highest local minimum wages in the country
- Albuquerque, Las Cruces, and Bernalillo County also have local minimum wages
Additional steps in New Mexico
File wage complaints with the New Mexico Department of Workforce Solutions at (505) 841-4400 or dws.state.nm.us.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
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Generate your unpaid wages →This page is general legal information for New Mexico, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New Mexico.