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Employee Handbooks - Work Rules - Employee Conduct: New Mexico

Employee Handbooks - Work Rules - Employee Conduct requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Iris L. M. Ring and Barbara G. Stephenson, Sheehan & Sheehan, PA


  • New Mexico is an employment at-will state. However, written handbooks or procedures followed by the employer can create implied employment contracts. See At-Will Nature of Employment.
  • New Mexico's employment discrimination laws protect additional classes of individuals other than those included in federal law. See Discrimination.
  • New Mexico employers must comply with unique notification requirements before monitoring employee telephone conversations. See Work Rules on Privacy Rights of Employees.
  • New Mexico has additional restrictions on the employment of minors. See Child Labor.
  • New Mexico law requires wage payment at scheduled intervals and employers must provide employees with an itemized written receipt. See Wage Payment.
  • New Mexico law has few restrictions on substance abuse testing. See Substance Abuse Testing.
  • New Mexico law prohibits smoking in an indoor workplace, with a few exceptions. See Smoking.
  • New Mexico law does not require employers give breaks to employees, except break times for nursing mothers to use a breast pump. See Breaks.
  • New Mexico law requires employers to provide time off to employees in specific instances, including time to vote, time for jury service and domestic abuse leave. See Work Rules Regarding Leave Time.
  • New Mexico has adopted detailed regulations addressing workplace violence against convenience store workers. See Workplace Violence.