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Summary of differences between federal and state regulations
The federal Fair Labor Standards Act contains certain provisions in regard to compensation in terms of minimum wage, overtime, child labor and recordkeeping requirements. Corresponding state provisions will be found under those topic areas. States are free to adopt additional provisions that are not regulated by the federal government such as frequency of payday and wage deductions. These provisions are discussed in this section.
Frequency of payday
Employers are to pay wages on regular paydays not more than 16 days apart. Payment for services rendered from the first through the 15th day of the month are to be paid no later than the 25th day of the month. Services rendered from the 16th to the last day of the month are to be paid no later than the 10th day of the following month. Where payroll and paychecks are processed out of the state, payment for services rendered from the first to the 15th days of the month must be paid by the last day of that month, and payment for services rendered from the 16th to the last day of the month will be paid by the 15th of the following month. Paydays may be fixed at more frequent intervals. Work paid for on a piece rate or commission basis may be paid monthly, but by no later than the 10th day of the following month. Professional, administrative, and executive employees as well as outside salespeople may be paid monthly. §50-4-2
Itemization of deductions
Employees are to be provided with a statement that identifies gross pay, number of hours worked, total wages and benefits earned, and an itemized listing of all deductions withheld from pay. Deductions must be lawful and authorized by the employee. §50-4-2
Direct deposit
With the voluntary authorization of the employer, employee, and financial institution, employers may pay wages by deposit to the account of the employee in any financial institution authorized to receive deposits. No deduction or deduction may be made for this, unless it is specifically stated in a written contract at the time of hire. Employers must provide employees with a written receipt that identifies the employer and lists the gross pay, the number of hours worked by the employee, the total wages and benefits earned, and an itemized list of all deductions withheld. §50-4-2
State
Contact
New Mexico Department of Workforce Solutions
Regulations
Frequency of payday
Itemization of deductions
New Mexico Statutes, §50-4-2
Federal
Contacts
None.
Regulations
None.