FAQs

Beginning in January 2019, employers are now able to electronically file appeals of their Unemployment Insurance tax rates and other similar tax notices through the Unemployment Insurance Tax & Claims System. This new self-service functionality allows employers to quickly and easily file appeals of tax determinations and upload documentation in support of their appeal.

Benefit charges play a large role in employers’ contribution rates. Employers can often avoid an improper payment of benefits by simply responding to the initial claim in a timely and thorough fashion. When a claimant files for benefits, the claimant is required to answer detailed questions regarding his or her employment and the manner of separation from employment. An employer potentially subject to benefit charges will receive a notice from the New Mexico Department of Workforce Solutions (NMDWS) advising that a claim has been filed and requesting information regarding the claimant’s work and separation from employment. Employers have 10 days to respond to that notice. Failure to respond to the notice can lead to improper payment of benefits which will be charged to the employer. Furthermore, if an employer appeals a decision to payment of benefits, an employer who failed to respond within the 10-day deadline may still be liable for some benefit charges, even if the employer prevails in showing that the claimant was not eligible for benefits.

Federal law requires NMDWS to charge employers for Unemployment Insurance benefit payments improperly paid to unemployed individuals when the employer has established a pattern of failing to timely and adequately respond to requests from NMDWS for separation information during a calendar year. The law applies to employers determined by NMDWS to have established a pattern of at least five (5) occurrences of failing to timely and adequately respond to requests for separation information, without good cause, during a calendar year (NMAC 11.3.300.308(C)).

Every employer covered by the FMLA is required to post the FMLA poster. Any employer in the private sector who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year is covered. "Seasonal" employees count toward the 50-employee requirement. Please contact the Wage and Hour Division for additional assistance

• Albuquerque 505-841-4400
• Santa Fe 505-827-6817
• Las Cruces 575-524-6195

Yes, employers can post the "seven-in-one" poster. This poster is provided by the New Mexico Department of Workforce Solutions free of charge and may be picked up at any New Mexico Workforce Connection Office.

If all your employees regularly visit the lunch room, then you can post all of the required posters there. If not, then post the posters in the break rooms on each floor or in another location where they can readily be seen by employees on each floor.

Employers must post notices in conspicuous places, available to employees and applicants for employment. Consequently, if applicants are being processed and/or interviewed in supervisors' offices, then the poster should be posted in these locations as this is where the notice would be available to these individuals.

Yes. Where an employer has employees reporting directly to work in several different buildings, the employer must post all required federal posters in each building, even if the buildings are located in the same general vicinity, e.g., in an industrial park or on a campus.

Where two or more employers have employees sharing the same worksite, and all the required federal posters are conspicuously posted where all the employees can see them, then only one set of posters is required.

However, different employers may have different posters requirements. Therefore, since the posters required of both employers must be posted and visible to employees, each employer at that worksite is responsible for ensuring that all the federal workplace posters that pertain to his or her employees are posted and readily visible as required.

Also remember that some posters must be posted where applicants for employment can see them.

The required posters should be posted at the location to which employees report each day.

Yes