Breaks and meal periods - New Mexico

Breaks

Federal law does not require that employers provide rest periods or coffee/snack breaks. However, when employers do offer short breaks, usually lasting between 5 to 20 minutes, the breaks must be considered work time and employees are paid for the time.

New Mexico does not address breaks. Although there is no statute that requires an employer to provide lunch breaks, coffee breaks, or rest periods, deductions cannot be made from wages if less than 30 minutes is allowed for these breaks.

Nursing mothers

Employers must provide a space for using the breast pump that is clean and private, near the employee’s workspace, and not a bathroom. Employers must also provide flexible break times for using the breast pump. However, employers are not liable for storage or refrigeration of breast milk, for payment for a nursing mother’s break time in addition to established breaks, or for payment of overtime while a nursing mother is using a breast pump.

Meal periods

Federal law does not require that employers provide meal periods. Bona fide meal periods, which typically last between 30 and 60 minutes, serve a different purpose than a break. During meal periods, the employee must be completely relieved from duty. Bona fide meal periods are not considered work time and are not compensable. If an employee is not totally relieved of job duties during the time he or she is eating a meal, then the employee must be paid for that time.

New Mexico does not address meal periods.