Employee Classification: New Mexico
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Quentin Smith and Barbara G. Stephenson, Sheehan & Sheehan, P.A.
- New Mexico's wage and hour laws are similar to the federal Fair Labor Standards Act (FLSA), although they are much less comprehensive. The analysis of any particular exemption under New Mexico law should be made in conjunction with the in-depth federal coverage of the FLSA.
- Unlike the FLSA, there is no salary basis test that establishes a minimum fixed salary for an employee. See No Salary Basis Test.
- Some of the definitions of exempt employees are similar to the definitions under federal law, but New Mexico identifies some exemptions that may not apply under federal law. See Minimum Wage and Overtime Exemptions.
- There are also a few limited overtime exemptions for certain types of employees. See Overtime-Only Exemptions.