New Mexico Unemployment Compensation laws & HR compliance analysis

New Mexico Unemployment Compensation: What you need to know

Virtually all employers are covered by New Mexico’s Unemployment Compensation Law and are, therefore, subject to the state unemployment insurance (UI) tax (NM Stat. Sec. 51-1-1 et seq.). For example, covered employers include:
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• Employers that, in the current or preceding calendar year, either employed at least one person for some portion of a day in each of 20 different weeks or paid $450 or more in wages in any quarter;
• Anyone who acquired the business of a covered employer;
• Agricultural employers that, in the current or preceding calendar year, either paid $20,000 for such labor in any quarter or employed 10 or more people in each of 20 different weeks;
• Employers of domestic servants if they paid $1,000 or more in any quarter in the current or preceding calendar year;
• Religious, charitable, and educational organizations, if employees are not covered by the federal unemployment law;
• Employers subject to the Federal Unemployment Tax Act (FUTA);
• Employers that voluntarily elect coverage; and
• Indian tribes as defined by federal law (NM Stat. Sec. 51-1-42).
The law excludes certain services from coverage, including, for example, services provided by:
• Students working for schools, colleges, or universities;
• Students working for work-study programs;
• Real estate and insurance salespersons;
• Newspaper distributors who are minors; and
• People working for a church or convention or association of churches, or an organization or educational institution operated mainly for religious purposes (NM Stat. Sec. 51-1-42).

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