Deductions from wages - New Mexico

Summary of differences between federal and state regulations

Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.

New Mexico law requires written authorization for wage deductions. No deduction can be made except appropriate state, federal and social security taxes without a written authorization from the employee or a court order.

“Written authorization” means a document an employee signs at the time of hiring, giving the employer permission to deduct certain items from his pay. A written authorization is not needed for an employer to deduct an advance or over-payment of wages; however the employer must pay at least minimum wage times the hours worked to the employee.

There is no statute that requires an employer to provide lunch breaks, coffee breaks or rest periods; however, deductions cannot be made from wages if less than 30 minutes is allowed for these breaks.

State

Contact

New Mexico Department of Labor

Regulations

Title 11, Chapter 1, Part 4, Wage and Hour and Employment of Children

Federal

Contact

Wage and Hour Division

Regulations

For non-exempt employees:

29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938

For exempt employees:

29 CFR Part 541, Subpart G, Salary Requirements