New Mexico Employment Law

WHAT ARE MY RIGHTS AS AN EMPLOYEE IN NEW MEXICO?

LOCAL EMPLOYMENT LAW ATTORNEYS DISCUSS STATE AND FEDERAL PROTECTIONS

As an employee, you have certain rights in the workplace that are protected by federal and state laws via policymakers and government agencies.  Individuals need professional support and representation when facing issues such as discrimination, contract breaches, privacy and safety concerns, and problems regarding medical leave, work hours, workers compensation, and wages.  

It is worth noting that some of our liberties are protected more on the federal level while other additional liberties and limitations can vary by state.  If your employer denies you any of these rights, then an employment lawsuit against the person or company could be necessary. However, the first step to any employment action is first understanding your rights. Below, our local New Mexico attorneys discuss federal and state workplace rights and protections.

How do Federal Employment Laws compare to New Mexico state laws?

Federal employment laws offer extensive protections to employees in all states.  The federal agency that enforces this protection is the Equal Employment Opportunities Commission (EEOC).  New Mexico enforces laws prohibiting discrimination via the New Mexico Human Rights Act and New Mexico Workers' Compensation Administration (WCA) investigates compensation disputes. There are numerous notable laws that have been passed throughout America’s history, but here are some major ones worth knowing about:

• Fair Labor Standards Act (FLSA). This law sets standards for wages, including a federal minimum wage, and overtime compensation. It also contains special rules for workers under the age of 18. Since 2009, the federal minimum wage has been $7.25 per hour. Non-exempt employees must also receive overtime pay at one and a half times their usual rate.  If you are a New Mexican, then you will likely be pleased to know that New Mexico has many cities and municipalities that determine their own minimum wage rates.  Look below in “New Mexico Laws” section for details.
• Family and Medical Leave Act (FMLA). According to this law, certain employees have the right to take up to 12 weeks of unpaid, job-protected leave a year for medical reasons. Qualifying medical reasons include the serious illness either of the employee or a close relative of the employee. Pregnancy, childbirth and adoption also qualify.  New Mexico does not offer any additional leave beyond what this federal protection.
• Occupational Safety and Health Act (OSH Act). This law regulates safety and health conditions in most industries. Typically, employers must ensure that workplaces are safe from hazards which may cause injuries or illness.  Since New Mexico is a  “state-plan” state, it has its own NM OSHA that covers both private and public sector employers.  Its standards are basically similar to the federal OSH Act.  
• Employee Retirement Income Security Act (ERISA). The regulations in this law apply to employers which offer pension, welfare or other benefit programs. These employers must take steps to protect employees’ retirement accounts and follow reporting procedures.  There are no additions to this, but the Public Employees Retirement Association (PERA) of New Mexico is worth noting as it helps securing retirement.
• Federal Employees’ Compensation Act (FECA). This law provides civilian workers compensation benefits for disability due to work-related personal injury or occupational disease.
• Equal Pay Act of 1963.  This labor law amended the Fair Labor Standards Act, and its purpose is to abolish wage disparity based on sex.  The New Mexico Fair Pay for Women Act (FPWA) is worth knowing.  Through this, an employee can claim a wage violation of the FWPA, even if there was an agreement made between employer and employee.  The employee is also protected against retaliation.

Employment laws are complex and each situation is unique.  In fact, There are more than 100 additional federal employment laws that apply to specific industries and employees. Therefore, if you have questions or concerns about your workplace rights, then feel free toask the lawyers™. Additionally, if you need assistance with an employment case, then consult our local listings. You may be able to schedule a free initial consultation today.

New Mexico Employment Laws

• Albuquerque went up from $8.80 to $8.95 for those without benefits and $7.80 to $7.95 for those with benefits.  Bernalillo County employees went up from $8.70 to $8.85 for those without benefits and $7.70 to $7.75 for those with benefits.  Las Cruces’ changes their set wage by the Consumer Price Index.  Minimum wage there will go from $9.20 to $9.45.  Santa Fe also goes by the Consumer Price Index, and the new wage up from $11.09 has not yet been determined.  Santa Fe County has not yet determined the new wage up from $11.09, either.  Please note that this information is not extensive, and there are a variety of stipulations and local laws regarding tipped and cash wage employees.
• Family and Medical Leave is extended to  a domestic partner.  Otherwise, this area is covered primarily by federal law FMLA.
• Employees are given the right to take time off to seek treatment or assistance for domestic violence; flexible break time must be allowed for nursing mother employees to pump breast milk, and it must be in a clean and private place that is not a bathroom
• Protection against Discrimination are extended to LGBTQUIA and transgender
• Discrimination is not tolerated at any workplace that has at least 4 employees
• Employers cannot prohibit guns from the entire premises; “extended law” allows legal carry of a loaded firearm without a permit anywhere in a vehicle, open or concealed.
• Employee contract may be implied rather than just written or orally agreed upon, and oral/ written contracts make employment no longer at-will.
• Unlike some states, employers in New Mexico do not have to compensate an employee that is called to jury duty.  However, they must excuse the individual from work so that they can serve.
• Due to the fact that voting is primarily vote-by-mail, voting days do not have to be accommodated by the employer, unless the employee will not have three hours of their own time to make it to the polls.  Furthermore, if an employee will not have three hours and needs time off, they must present a demand for leave in writing to their employer at least three days in advance.  

What about Discrimination and Harassment?

First of all, it is important to know that if you must make a complaint to HR, participate in an investigation of a discrimination complaint (no matter who made the complaint), testify in court, or make other efforts to stop discrimination, you should be protected by federal law.  However, every situation is unique, so if you have any concerns, please don’t hesitate toask the lawyers™, just to be sure.  

Since 1964, Federal law has sworn to protect you from discrimination in the workplace. Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in any process, including hiring, promotion and firing, based on these characteristics:

• Race. If your employer treats you unfairly and you have reason to believe that it is based on your race, it could be worthwhile to file a racial discrimination claim.
• Sex. This includes discrimination based on pregnancy, childbirth or medical conditions related to pregnancy. For example, potential employers may not ask if you are pregnant during the hiring process.  This can include any gender identification.
• Religion. Employers must respectfully accommodate your religion, and should not treat you differently based on your beliefs.  
• Disability. Depending on the circumstances, many employers must make reasonable efforts to accommodate disabled employees. This may include purchasing accessibility equipment or making other non-disruptive changes.  This also includes mental disabilities and learning disabilities.
• Age. The Age Discrimination Employment Act (ADEA) bars workplace discrimination against workers over the age of 40. In most cases, this means that qualifying businesses cannot discriminate during the hiring process, promotions, or fire an employee based on his or her age.
• Color. Your employer may not may employment decisions or treat you differently based on your skin color.
• National Origin. This includes discrimination protection based on your heritage, home country, accent or customs.
• Genetics. Your employer may not ask you for a DNA sample or tests (except in very limited circumstances) or use your genetic information to make workplace decisions.
• Citizenship Status. The Immigration Reform and Control Act (IRCA) prohibits employment discrimination based on whether you are a US citizen.

With this information it is important to also note that some federal laws (including laws regarding discrimination) only apply to employers with a certain number of employees.   Unlike some states that do not apply protect against discrimination for employers with less than 15 employees, in New Mexico, federal law against discrimination applies legally to all employers with more than four employees.  

New Mexico takes protection against discrimination a step further by explicitly extending support to:

• the  LGBTQIA community,

• transgender individuals.

Questions About Your Workplace Rights? Find a Lawyer Today

If you have concerns about how state and federal employment laws apply to your situation, then our New Mexico attorneys may be able to help. You can ask the lawyers by submitting a question to our site. Otherwise, to find an employment lawyer near you, consult our local listings.