Fair Pay: New Mexico

Fair Pay requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Brightmine Editorial Team

Summary

    • The New Mexico Fair Pay for Women Act and the New Mexico Human Rights Act prohibit pay discrimination on the basis of a number of protected characteristics. See Equal Pay Laws.
    • New Mexico does not have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency. See Pay Data Reporting.
    • New Mexico does not have a pay transparency law that requires employees to disclose pay ranges to applicants and employees. See Pay Transparency.
    • New Mexico does not restrict an employer from inquiring into or relying upon an applicant's salary history. See Salary History Inquiries.
    • New Mexico law does not specifically address the right of an employee to discuss or disclose their own wages. See Employee Wage Disclosure Rights.

Equal Pay Laws

The New Mexico Fair Pay for Women Act (FPWA) prohibits sex-based pay discrimination between employees in the same establishment performing equal work on jobs requiring equal skill, effort and responsibility and performed under similar working conditions.

The New Mexico Human Rights Act (NMHRA) also prohibits discrimination, including in compensation, on the basis of a number of additional protected characteristics.

Applicability

Both the FPWA and the NHMRA apply to employers with four or more employees.

+N.M. Stat. Ann. § 28-23-2; +N.M. Stat. Ann. § 28-1-1.

Protected Characteristics

The FPWA prohibits sex-based pay discrimination. + N.M. Stat. Ann. § 28-23-3.

The NMHRA prohibits pay discrimination on the basis of:

  • Race;
  • Age;
  • Religion;
  • Color;
  • National origin;
  • Ancestry;
  • Sex;
  • Sexual orientation;
  • Gender;
  • Gender identity;
  • Pregnancy, childbirth or related condition;
  • Physical or mental disability;
  • Serious medical condition;
  • Military service; and
  • Spousal affiliation (employers with 50 or more employees only).

+N.M. Stat. Ann. § 28-1-7.

Permissible Sources of Pay Differentials

Under the FPWA, a sex-based pay differential between employees performing equal work may justified if based on:

  • A seniority system;
  • A merit system; or
  • A system that measures earnings by quantity or quality of production.

+N.M. Stat. Ann. § 28-23-3.

An employer may not reduce the wages of any employee to eliminate an unlawful pay differential. +N.M. Stat. Ann. § 28-23-3(B).

Recordkeeping

See Recordkeeping for Employee Compensation Purposes: New Mexico for information on recordkeeping requirements under the state wage and hour law.

The NMHRA does not specifically address recordkeeping.

Enforcement and Remedies

The New Mexico Human Rights Bureau can investigate and respond to complaints under the FPWA and pursue litigation. Employees also have a private right of action under the NHEPL and need not exhaust administrative remedies before filing a lawsuit. Claims must be filed within two years of the end of employment. +N.M. Stat. Ann. § 28-23-4.

Employees who prevail in a case under the NHEPL may recover damages, in addition to attorney fees and costs. Damages are calculated based on the affected employee's unpaid wages and the damages from retaliation, all other actual damages, and (in certain cases) treble damages. Punitive damages are also available in some situations. Treble damages are not available if an employer demonstrates that it acted in good faith and had reasonable grounds for believing that it was not in violation of the FPWA. Recovery of unpaid wages is limited to six years prior to the date of the last violation of the FPWA. +N.M. Stat. Ann. § 28-23-6.

In addition to monetary damages, courts may award other remedies, including employment, reinstatement, promotion and other appropriate actions. +N.M. Stat. Ann. § 28-23-6.

See Discrimination: New Mexico for information about enforcement and remedies under the NMHRA.

Retaliation Protections

The FPWA prohibits an employer from discharging, demoting, denying promotion or otherwise discriminating against an employee for:

  • Exercising a right under the FPWA or assisting another person to do so;
  • Asserting a claim or right under the FPWA or assisting another person to do so; or
  • Informing another person about employment rights or other rights provided by law.

+N.M. Stat. Ann. § 28-23-5.

See Retaliation: New Mexico for information about retaliation protections under the NMHRA.

Notice and Posting Requirements

Employers covered by the NMHRA must post the New Mexico Discrimination Is Against the Law Poster. +N.M. Stat. Ann. § 28-1-14. There is not a separate notice or posting requirement specific to the FPWA.

Pay Data Reporting

New Mexico does not currently have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency.

Pay Transparency

New Mexico does not currently have a pay transparency law that requires employers to disclose the pay range for a position to applicants or employees.

Salary History Inquiries

New Mexico does not restrict an employer from inquiring into or relying upon an applicant's salary history.

Employee Wage Disclosure Rights

New Mexico law does not specifically address the right of an employee to discuss or disclose their own wages. See Fair Pay: Federal for information about federal law regarding employee discussion of wages.

Future Developments

There are no developments to report at this time. Continue to check HR & Compliance Center regularly for the latest information on this and other topics.