New Mexico Construction Laborer Overtime & Pay Rules
Side-by-side statutory audit of Construction Laborer hourly wages, 1.5x overtime thresholds, shift benchmarks ($22.50/hr median), and meal break penalty pay under NMSA 1978 § 50-4-22.
Managing payroll or shift workers in NEW-MEXICO?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
New Mexico Construction Laborer Paycheck Calculator
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Managing payroll or shift workers in NEW-MEXICO?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
In New Mexico, a Construction Laborer is entitled to a minimum statutory base wage of $12.00/hr (State industry median: $22.50/hr). Overtime is calculated at 1.5x regular rate after 40 hours per week under NMSA 1978 § 50-4-22.
Visual Pay Composition Breakdown
FLSA Exemption & Overtime Rules for Construction Laborers in New Mexico
Non-Exempt (Eligible for 1.5x Overtime & Davis-Bacon Prevailing Wages)
Manual labor positions cannot be classified as exempt executive or administrative employees under 29 CFR § 541.3.
New Mexico Statutory Wage & Overtime Authority
Statutory Legal Citation: NMSA 1978 § 50-4-22
New Mexico statutory minimum wage is $12.00/hr ($3.00 tipped direct rate). Healthy Workplaces Act paid sick leave applies.
Employee Statutory Rights (NM)
- ✓ Statutory minimum wage of $12.00/hr.
- ✓ Paid sick leave under Healthy Workplaces Act (1 hour per 30 hours worked).
- ✓ Weekly overtime at 1.5x over 40 hours.
Employer Mandatory Obligations (NM)
- § Pay tipped staff at least $3.00/hr direct cash wage.
- § Provide itemized paystubs.
- § Maintain payroll records for at least 3 years.
New Mexico Statutory Wage & Overtime FAQs
What is the minimum wage in New Mexico for 2026? ↓
Under statutory citation NMSA 1978 § 50-4-22, the 2026 minimum wage in New Mexico is $12.00 per hour. Employers paying below this baseline face Department of Labor back-pay audits and statutory interest penalties.
Does New Mexico mandate daily overtime pay? ↓
New Mexico follows the standard federal FLSA rule (Title 29 U.S.C. § 207). Overtime is calculated weekly for hours exceeding 40 hours in a 7-day workweek with no daily cap.
Can employers in New Mexico take a tip credit against wage rates? ↓
New Mexico permits employers to claim a maximum tip credit of $9.00/hr against tipped staff, requiring a minimum direct cash wage of $3.00/hr.
Common New Mexico Payroll Compliance Traps & Audit Penalties
Failing to track paid sick leave accrual.
Higher municipal rates in Santa Fe and Albuquerque.
Tip credit shortfalls.
Managing payroll or shift workers in New Mexico?
Avoid Department of Labor non-compliance fines. Automate state-specific overtime, double-time rules, tip credits, and statutory tax withholdings with Gusto Payroll Automation.
Audit New Mexico Construction Laborer Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Construction Laborers in New Mexico.