New Mexico Fast Food & Counter Worker Overtime & Pay Rules
Side-by-side statutory audit of Fast Food & Counter Worker hourly wages, 1.5x overtime thresholds, shift benchmarks ($16.50/hr median), and meal break penalty pay under NMSA 1978 § 50-4-22.
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In New Mexico, a Fast Food & Counter Worker is entitled to a minimum statutory base wage of $12.00/hr (State industry median: $16.50/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 Fast Food & Counter Workers in New Mexico
Non-Exempt (Eligible for 1.5x Overtime & Fast Food Minimum Wage Badges)
Non-exempt hourly position under FLSA § 213. California AB 1228 mandates a $20.00/hr fast food minimum wage across all major fast food chains.
New Mexico Labor Code & FLSA Authority
Statutory 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.
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?
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Audit New Mexico Fast Food & Counter Worker Overtime & Pay
Verify 2026 statutory minimum wage floors, 1.5x overtime thresholds, and meal break penalties for Fast Food & Counter Workers in New Mexico.