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New Mexico Equal Pay Acts: What you need to know

The New Mexico Fair Pay for Women Act (FPWA) prohibits employers from discriminating against employees on the basis of sex, within any establishment where the employees work, by paying employees of one sex wages at a rate less than it pays to employees of the opposite sex for equal work on jobs that require equal skill, effort, and responsibility and that are performed under similar working conditions (NM Stat. Sec. 28-23-1 et seq.). The FPWA applies to employers with four or more employees.
Differences in pay are permitted when based on a:
• Seniority system,
• Merit system, or
• System that measures earnings by quantity or quality of production.
Employers are prohibited from reducing any employee's wages to comply with the law. An agreement between an employer and employee for a specific wage in violation of the FPWA does not prevent the employee from claiming a violation of the law.
Retaliation. The FPWA prohibits an employer or any other person from discharging, demoting, denying promotion to, or otherwise discriminating against an individual in retaliation for asserting a claim under the FPWA, assisting another person to do so, or for informing another person about employment rights or other rights provided by law.
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The New Mexico Human Rights Act (NM Stat. Sec. 28-1-7 et seq.) prohibits employers with four or more employees from making compensation decisions on the basis of race, age, religion, color, national origin, ancestry, sex, physical or mental handicap, or serious medical condition.
Both laws apply to employers with four or more employees, except in the following categories:
• The age discrimination provision applies to employers covered by the federal Age Discrimination in Employment Act (ADEA)

>> Read more about Equal Pay Acts

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New Mexico Equal Pay Acts Resources

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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