Economic News

Any employee who has not been paid their earned wages may file a wage claim.

To file a claim, download the form (under "Wage Claim Forms") or ask for a copy of the form at any NMDWS office. Once you have completed the form, submit it by: emailing it to wage.claimssubmiss@state.nm.us; delivering it in-person; or mailing or faxing it to a Wage and Hour office (contact information below).

If you are unable to complete a wage claim form, please contact one of the Wage and Hour offices for assistance.

A claim should include any information regarding hours worked and rate of pay promised to you. Incomplete information will delay the processing of the claim.

Please note: If you are under 18 years of age, a parent or legal guardian must also sign the wage claim documentation.

If an employee quits their job, unless they have a written contract for a definite period, the wages are due on the next succeeding payday.

If it is a company policy, yes, although there is no statute requiring an employee to sign time cards.

No. There is no statute that requires an employer to have a time clock. However, an employer must keep true and accurate records of hours worked.

State taxes, federal taxes, social security taxes, and deductions based upon employee-authorized benefits that only benefit the employee (for example health insurance premiums and retirement plans) may reduce the net pay below minimum wage. All other deductions may not reduce the net pay below minimum wage. In all cases, if there is no written authorization signed by the employee and employer, the deduction is not lawful.

Yes.

If the wages owed are a fixed and definite amount, the employer shall pay such wages to the employee within five days of discharge. Task, piece, and commission wages must be paid within ten days of discharge.