Albuquerque, N.M. (January 12, 2022) - New Mexico saw significant changes in employment law in 2021. It increased the statewide minimum wage, passed legislation requiring paid sick leave, and the Tenth Circuit Court of Appeals issued a decision that impacts how employers must compensate for the time it takes employees to start up a computer and launch certain software before they can clock-in, deeming that time integral to the job and therefore compensable.
In 2019, Governor Lujan Grisham signed into law an increase to the New Mexico minimum wage, which began on January 1, 2020, with annual increases through January 1, 2023. As of January 1, 2022, the statewide minimum wage increased to $11.50 per hour, and $2.80 per hour for tipped employees. The minimum wage is set to increase to $12.00 per hour, and $3.00 per hour for tipped employees on January 1, 2023.
It is important for employers to note how the statewide increase in the minimum wage for New Mexico affects cities or counties that have set their own minimum wages. The New Mexico Department of Workforce Solutions will enforce the highest minimum wage applicable. Albuquerque, Bernalillo County, Las Cruces, the City of Santa Fe, and Santa Fe County have each enacted a separate minimum wage that is either higher than that of the state, or, in certain instances, is now superseded by the statewide increase. As of 2022, the minimum wage for each of these locations...
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