New Mexico · Unpaid wages · Updated Oct 2026

New Mexico wage claims: how to get your unpaid pay

Not paid for all your hours, no overtime, or no final paycheck? Here is New Mexico’s minimum wage, the final-paycheck rules, the deadlines and where to file, in plain English.

$12.00minimum wage in 2026
$3.00tipped cash wage
Nodaily overtime
Within 5 daysfinal pay if fired
3 yearstime limit to file (see details)

Where to file in New Mexico

Wage claims in New Mexico go to this state office. Filing is usually free.

Office
New Mexico Department of Workforce Solutions (DWS), Labor Relations Division (LRD) - Wage and Hour
Phone
505-841-4400
Languages
Wage claim form, FAQ and 'Didn't Get Paid?' brochure in Spanish; free language help at LRD offices and Workforce Connection Centers
Official wage claim page

For federal minimum wage and overtime you can also contact the US Department of Labor, Wage and Hour Division: 1-866-487-9243. How federal claims work.

How to file a wage claim in New Mexico

  1. Gather your records

    Dates and hours worked, your pay rate, pay stubs or bank deposits, texts or schedules, and the employer's name and address.

  2. Ask in writing first (optional)

    A demand letter gives your employer a deadline to pay and shows you tried. Use the free letter on this page.

  3. File with New Mexico Department of Workforce Solutions

    You fill out the Labor Relations Division wage claim form (English or Spanish) as completely as you can. You can email it to [email protected], or bring it to an LRD office (Albuquerque, Las Cruces, Santa Fe) or a Workforce Connection Center. LRD investigates, then sends you and your employer a letter with its decision and the amount owed. LRD tries to collect, usually with a demand letter or a settlement. If your employer still does not pay, you can assign the claim to LRD, which can take it to court or refer it to the District Attorney. Filing is free.

  4. Watch the deadline

    Generally 3 years after the violation (NMSA 1978 § 37-1-5, per LRD Investigations Manual). If the underpayment was a continuing course of conduct, the 3 years run from the last violation and you can recover back to when it started (NMSA 1978 § 50-4-32).

Minimum wage and overtime in New Mexico

New Mexico's statewide minimum wage is $12.00 an hour, in effect since January 1, 2023 (NMSA 1978 § 50-4-22; DWS Minimum Wage Information). No statewide increase is scheduled. Some cities and counties have their own higher rates: Albuquerque, Bernalillo County, Las Cruces, the City of Santa Fe and Santa Fe County. Your employer must pay the highest rate that applies where you work. Albuquerque's rate is $12.00 in 2026 and rises to $13.00 on January 1, 2027.

Minimum wage (2026)
$12.00
Tipped cash wage
$3.00

Overtime

You get 1.5 times your regular hourly rate for every hour over 40 in a 7-day week (NMSA 1978 § 50-4-22(D)). New Mexico has no daily overtime.

Paydays: At least twice a month. Pay for the 1st-15th is due by the 25th, and pay for the 16th to the end of the month is due by the 10th of the next month (NMSA 1978 § 50-4-2).

Your final paycheck in New Mexico

If you are fired or laid off
Within 5 days if you are fired or laid off. If you are paid by task, piece or commission, within 10 days. Accrued, unused vacation pay is included.
If you quit
By the next regular payday.
Law
NMSA 1978 §§ 50-4-4, 50-4-5

When was your final paycheck due in New Mexico?

Enter how your job ended and your last day of work. We show your state’s rule and, when the rule is a simple number of days or your next payday, the date.

Enter your last day of workThe result appears when you pick a date.

Dates are approximate: we skip weekends for business and working days but not holidays. Nothing you type here is sent anywhere.

Penalties your employer may owe

For unpaid minimum wage or overtime, the employer owes the unpaid wages plus interest, plus twice the unpaid amount (triple in total) (NMSA 1978 § 50-4-26(C)). If final pay is late after you were fired and you asked for it, your daily wages keep running until you are paid, for up to 60 days (NMSA 1978 § 50-4-4(C)).

Retaliation and immigration status

Your employer may not fire, demote, deny you a promotion or punish you for claiming your wage rights, helping a coworker do so, or telling others about their rights (NMSA 1978 § 50-4-26.1). Report retaliation on your wage claim form or to your LRD investigator.

Federal law also makes it illegal to fire or punish you for filing a wage complaint or cooperating in an investigation (US DOL Fact Sheet #77A).

LRD's Investigations Manual says being undocumented, or not having a Social Security number, is not a defense to a wage claim, and LRD may not require your Social Security or taxpayer ID number (NMSA 1978 § 50-4-8; 11.1.4.116 NMAC).

The US Department of Labor’s Wage and Hour Division enforces federal wage law without regard to immigration status, and its services are free and confidential whether you are documented or not (US DOL).

Deductions and tips

Deductions other than taxes and court orders need your written agreement. Deductions that mainly benefit the employer may not push your take-home pay below minimum wage (LRD Investigations Manual). Tipped workers must get at least $3.00 an hour, and wages plus tips must reach the full minimum wage. You keep all your tips, but tip pooling among wait staff is allowed (NMSA 1978 § 50-4-22(C)).

Good to know in New Mexico

  • If LRD closed or limited your old claim because of earlier limits, or rejected it, you may be able to ask for a new investigation (DWS Wage and Hour page).
  • Your own believable account of your hours can be enough to prove your claim if your employer kept no records (LRD Investigations Manual; 11.1.4.115 NMAC).
  • If coworkers are also owed money, say so on your form. LRD can open a workplace-wide 'directed investigation' (Didn't Get Paid? brochure).

Forms

Wage-theft calculator for New Mexico

Work out what you should have been paid: at least the minimum wage for every hour, plus overtime. Then compare it with what you got.

If a higher city or county minimum wage applies where you work, enter that rate if it is more than you were promised.

Before taxes, if you know it. Leave it empty to see only what you were owed.

Fill in your pay, hours and weeksThe result appears as you type.

New Mexico overtime rule: You get 1.5 times your regular hourly rate for every hour over 40 in a 7-day week (NMSA 1978 § 50-4-22(D)). New Mexico has no daily overtime.

Penalties your employer may also owe in New Mexico: For unpaid minimum wage or overtime, the employer owes the unpaid wages plus interest, plus twice the unpaid amount (triple in total) (NMSA 1978 § 50-4-26(C)). If final pay is late after you were fired and you asked for it, your daily wages keep running until you are paid, for up to 60 days (NMSA 1978 § 50-4-4(C)).

Tipped workers: this calculator does not count tips. In many states your employer may pay a lower cash wage if your tips make up the difference to the minimum wage; see your state’s page.

An estimate from the numbers you enter and New Mexico’s rules, not legal advice. Nothing you type in this calculator is sent anywhere.

Free demand letter for unpaid wages

A short, firm letter asking your employer to pay what it owes by a deadline. Many workers get paid at this step, and in some states a written demand starts penalties or makes the employer pay your attorney fees later. Fill this in, then download the letter as PDF or Word (or copy it), sign it, keep a copy and send it in a way you can prove, such as certified mail or an email you keep.

When you download or copy the letter, the details you typed are saved on our server. See our privacy policy.

The name on your pay stubs, checks or the business sign. If you only know the owner’s name, use that.

Use the calculator above if you are not sure.

We suggest 10 days.

What were you not paid? (required)

One or two sentences with dates, hours and amounts.

Questions about wage claims in New Mexico

Where do I file a wage claim in New Mexico?

With New Mexico Department of Workforce Solutions (DWS), Labor Relations Division (LRD) - Wage and Hour. Phone: 505-841-4400. You fill out the Labor Relations Division wage claim form (English or Spanish) as completely as you can. You can email it to [email protected], or bring it to an LRD office (Albuquerque, Las Cruces, Santa Fe) or a Workforce Connection Center. LRD investigates, then sends you and your employer a letter with its decision and the amount owed. LRD tries to collect, usually with a demand letter or a settlement. If your employer still does not pay, you can assign the claim to LRD, which can take it to court or refer it to the District Attorney. Filing is free.

What is the minimum wage in New Mexico in 2026?

New Mexico's statewide minimum wage is $12.00 an hour, in effect since January 1, 2023 (NMSA 1978 § 50-4-22; DWS Minimum Wage Information). No statewide increase is scheduled. Some cities and counties have their own higher rates: Albuquerque, Bernalillo County, Las Cruces, the City of Santa Fe and Santa Fe County. Your employer must pay the highest rate that applies where you work. Albuquerque's rate is $12.00 in 2026 and rises to $13.00 on January 1, 2027.

Does New Mexico have daily overtime?

You get 1.5 times your regular hourly rate for every hour over 40 in a 7-day week (NMSA 1978 § 50-4-22(D)). New Mexico has no daily overtime.

When is my final paycheck due in New Mexico if I'm fired?

Within 5 days if you are fired or laid off. If you are paid by task, piece or commission, within 10 days. Accrued, unused vacation pay is included.

When is my final paycheck due in New Mexico if I quit?

By the next regular payday.

How long do I have to file a wage claim in New Mexico?

Generally 3 years after the violation (NMSA 1978 § 37-1-5, per LRD Investigations Manual). If the underpayment was a continuing course of conduct, the 3 years run from the last violation and you can recover back to when it started (NMSA 1978 § 50-4-32).

What can my employer owe besides my wages in New Mexico?

For unpaid minimum wage or overtime, the employer owes the unpaid wages plus interest, plus twice the unpaid amount (triple in total) (NMSA 1978 § 50-4-26(C)). If final pay is late after you were fired and you asked for it, your daily wages keep running until you are paid, for up to 60 days (NMSA 1978 § 50-4-4(C)).

Can my employer fire me for filing a wage claim in New Mexico?

Your employer may not fire, demote, deny you a promotion or punish you for claiming your wage rights, helping a coworker do so, or telling others about their rights (NMSA 1978 § 50-4-26.1). Report retaliation on your wage claim form or to your LRD investigator.

Employer still won't pay? Small claims court is often the next step for amounts under the state limit.

Small claims in New Mexico
Sources

Last checked: Oct 2026.

Other states