Can an employer reduce an employee's wage or salary? Yes. The employer must advise the employee of the new lower rate before the hours are worked.
What is the minimum wage? The New Mexico minimum wage is $12.00 per hour. The federal minimum wage is $7.25 per hour. Certain cities have established their own minimum wage requirements. Additional information is available at https://www.dws.state.nm.us/Minimum-Wage-Information.
Does an employer have to pay holiday, sick, or severance pay? No. There is no statute that require an employer to pay such wages.
Does an employer have to pay overtime compensation to salaried employees? Yes, if the employee is not exempt from the overtime provisions.
Which employees are exempt from overtime? Employees engaged in the ginning of cotton, agriculture, professional, administrative, executive, and outside sales, as determined by the Fair Labor Standards Act.
If an employee wants to work overtime and will accept straight time pay, can they waive their right to time and a half? No.
Does an employer have to give lunch breaks, coffee breaks, or rest periods? No. There is no statute that requires an employer to provide such breaks; however, deductions cannot be made from wages if less than 30 minutes is allowed for the breaks.
Can an employer require an employee to work more than 8 hours a day and/or more than 40 hours a week? Yes. If an employee is paid by the hour, an employer can require the employee to work overtime but must pay the rate of time and a half the regular rate of the employee's pay for any time over 40 hours in a seven-day period.
How is Registered Apprenticeship different from other types of work-based training? Registered apprenticeship training is distinguished from other types of workplace training by several factors: (1) participants who are newly hired (or already employed) earn wages from employers during training; (2) programs must meet national standards for registration with the U.S. Department of Labor (or federally-recognized State Apprenticeship Offices); (3) programs provide on-the-job learning and job-related technical instruction; (4) on-the-job learning is conducted in the work setting under the direction of one or more of the employer's personnel; and (5) training results in an industry-recognized credential.