Employment Regulation Quick Links
Here you will find quick links to: State and Federal labor laws and regulations, links to New Mexico Workforce Solutions (NMDOL), Unemployment, Federal Labor Standards Act (FLSA), Work Comp Administration (WCA), New Mexico minimum wage information, tip rules and more…bookmark this page for further reference.
General Labor Information
- Federal Department of Labor Wage and Hour Division website
- NM Department of Workforce Solutions Labor and Unemployment FAQ’s
- Restaurants and Fast Food Establishments Under FLSA
- Unemployment Basics Slide deck from UI Seminar at NMRA June 2015
- New Mexico Workman’s Compensation
- New Mexico – Worker’s Compensation Administration Employer’s Guidebook
Other Required Posters
- Required Labor Posters – Federal and State of New Mexico
- FMLA Poster from the U.S. Department of Labor
- Labor Poster Not Required– The NLRB poster requirement was struck down in the Court of Appeals in May, 2013
- City of Albuquerque Minimum Wage Resources
- This is just to inform you that the Workers’ Compensation Administration in November 2018 updated the mandatory “WCA Poster” which informs workers that their employer is covered with the appropriate workers’ compensation insurance, and also provides the contact information for the insurer’s claims department. The content of the poster was not substantially changed, we simply updated the Administration (our) contact information to accurately reflect the current locations of our field offices and updated the URL listed to direct viewers to the WCA website, should they care to visit. How to tell if you have the latest version: there is a watermark of the official state of New Mexico seal behind text and there are phone numbers for the Hobbs office (rather than Lovington) and Santa Fe office (there may be really old versions still floating out there printed prior to establishment of our Santa Fe office). Please see the website for links to download and print both the full size (11 x 17 inch) version, as well as the two-part (8.5 x 11 inch) version. https://workerscomp.nm.gov/NMWCA-Publications You can also request printed versions by calling our ombudsman hotline: 1-866-967-5667.
Wages & Tipped Employee Information
- Minimum Wage Information, Current Wages for New Mexico
- DOL Overview of Tipping with Several Specific Issue Links
- Service Charges Classified as Wages – generally, when a “service charge” is added to a patron’s bill and then distributed to an employee, the added amount is classified as wages (and taxed as such) for the employee and cannot be counted as a tip. There are four guidelines the IRS uses to determine if a payment is a tip or not.
- FICA Tax on Tips – IRS Ruling
- Calculating Overtime Wages for Tipped Employees
- US Department of Labor Guideline for Tipped Employees
- Tip Pooling Guidelines
- Wage Calculations and Credit Card Fees
- Wage Preemption issues
- Salary Guidelines for Exempt Employees
- Child Labor Laws Under FSLA
- Classifying Managers and Assistant Managers Under FLSA
- Cleaning Products and Work-related Asthma
- New Hires Directory – state law requires employers to report all new hires (and re-hired).
- Pay Equity Information – for businesses seeking contracts and doing business with state agencies.
- Medical Support Notice
- I-9 Forms
- Job Description Writer
- Social Media Policies – here is an example policy you can adapt for your business and information from the NLRB on Social Media Policies
- Breastfeeding Friendly Workplace Initiative – NM policies and practices concerning nursing mothers at your restaurant.