New Mexico
New Mexico Minimum Wage 2026: $12.00 Statewide, Santa Fe $15.40
Independently fact-checked against primary sources (last audited September 29, 2026). · 11 primary sources cited on this page. How we verify our legal content
New Mexico's statewide minimum wage is $12.00 per hour, in effect since January 1, 2023 under NMSA 50-4-22(A)(5). No later state step was found, and the statute has no inflation indexing. Several local governments pay more, most notably the City of Santa Fe, where the rate is $15.40 per hour since March 1, 2026 and is scheduled to rise to $17.50 on January 1, 2027. Albuquerque enacted an ordinance in June 2026 that raises its city minimum wage to $13.00 on January 1, 2027, above the state rate.
Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the New Mexico Minimum Wage Act (NMSA 50-4-22), local minimum wage ordinances listed below and the federal Fair Labor Standards Act (FLSA) overlay. It does not cover overtime detail or any other state.
What is the minimum wage in New Mexico in 2026?
The New Mexico minimum wage is $12.00 per hour. NMSA 50-4-22(A)(5) provides that on and after January 1, 2023 wages must be at least twelve dollars ($12.00) an hour. The statute ends its schedule at that figure and has no later step or inflation adjustment, so the rate is the same in 2026 as it was in 2023.
Will New Mexico's minimum wage go up in 2027?
No state increase was found for 2027. Two 2025 bills, HB 246 (Increase Minimum Wage) and HB 522 (Wage Increases for Certain Employees), each ended in Action Postponed Indefinitely on the New Mexico Legislature's site, so neither is law. The Secretary of State's published list of November 3, 2026 constitutional amendments and bond questions shows no minimum wage item. This check covered the 2025 bills and the November 2026 ballot list; it did not enumerate every 2026-session bill.
The 2027 changes on the calendar are local: Albuquerque rises to $13.00 and Santa Fe to $17.50 on January 1, 2027, as described below.
New Mexico cities and counties with higher minimum wages
Some New Mexico local governments have enacted their own minimum wages. This page verified the following localities. It did not check every city and county in the state.
| Locality | Current rate | Effective | Next step |
|---|---|---|---|
| City of Santa Fe | $15.40 (tipped base $3.00 for employees who customarily earn $100 or more a month in tips or commission; tips plus base must reach $15.40) | March 1, 2026 | $17.50 on January 1, 2027, scheduled by the city; from March 1, 2028, a formula of 50 percent CPI and 50 percent HUD Fair Market Rent |
| Santa Fe County (unincorporated, outside Santa Fe, Espanola and Edgewood) | $15.40 regular, $4.62 tipped | March 1, 2026 | Not stated on the county page |
| Albuquerque | $12.00 (state rate prevails; city's calculated 2026 rate is $11.85); tipped cash wage $7.20 | January 1, 2026 | $13.00 on January 1, 2027, $14.00 in 2028, $15.00 in 2029 ($1.00 less where the employer pays at least $2,500 a year in health or child care benefits), under Ordinance O-26-33 enacted June 2026; tipped cash wage 55.5 percent of the city rate from 2027 |
| Bernalillo County (unincorporated) | $10.95, so state $12.00 prevails | 2026 | Not stated |
The Santa Fe figures come from the City of Santa Fe's living wage page, which shows $17.50 as a one-time legislative jump on January 1, 2027. Santa Fe County's rate applies to county-licensed businesses, county contractors and project participants listed on its page, not to every employer in the county. Albuquerque's page and Bernalillo County's posting page each say that the state rate prevails when it is higher than their own. Albuquerque's page gives the city's calculated 2026 rate as $11.85 and says the state's $12.00 prevails.
That changes in 2027. Albuquerque City Council Ordinance O-26-33, signed by the Mayor on June 12, 2026 and published June 16, 2026 (enactment O-2026-018), sets the Albuquerque minimum wage at $13.00 beginning January 1, 2027, $14.00 beginning January 1, 2028 and $15.00 beginning January 1, 2029. For an employee whose employer pays at least $2,500 a year toward health care or child care benefits, the rate is $1.00 less than the otherwise applicable city rate. From January 1, 2030, the rate is adjusted each year for the cost of living. The ordinance covers employers required to hold a City of Albuquerque business license or registration, for work within city limits.
Las Cruces has its own ordinance: from January 1, 2026, employers within city limits must pay at least $13.01 an hour, and at least $5.20 an hour to tipped employees, according to the city's official notice (Las Cruces Municipal Code 14-62). Other cities not listed here may have their own rate. Ask your city or the state whether a local minimum wage applies where you work.
Tipped workers in New Mexico
Under NMSA 50-4-22(C), an employer may pay a tipped employee a lower cash wage if the employee customarily and regularly receives more than $30 a month in tips, and the tips plus the cash wage cannot equal less than the minimum wage. The cash wage is $3.00 per hour, which implies a maximum tip credit of $9.00 against the $12.00 rate. The employee keeps the tips, except that pooling among wait staff is allowed.
Some local tipped rates are higher. Albuquerque's tipped minimum cash wage is $7.20 in 2026, according to the city. Under Ordinance O-26-33, it becomes 55.5 percent of the Albuquerque minimum wage on January 1, 2027, 52 percent on January 1, 2028 and 50 percent from January 1, 2029, and an Albuquerque employer may credit tips only if it informs the tipped employee in advance in writing. Santa Fe County lists a tipped rate of $4.62, and the City of Santa Fe allows a $3.00 base wage for employees who customarily earn $100 or more a month in tips or commission. Check the local rules if you work in any of these places.
Youth, disability and training rates
New Mexico has no separate youth or student minimum wage. A lower rate for secondary school students, added in 2019, was removed by Laws 2021, SB 35, which is titled in part "removing the exception to the minimum wage requirement for secondary school students."
The Act's definition of employee (NMSA 50-4-21(C), as amended by Laws 2021, SB 35) excludes, among others, bona fide executive, administrative and professional employees and supervisors; salespersons and workers paid by piecework, flat rate schedules or commission; registered apprentices and learners otherwise provided by law; certificated seasonal workers at educational, charitable or religious youth camps or retreats; and several categories of agricultural workers. The disability special-certificate provision (NMSA 50-4-23) was not verified for this page. Ask the state Department of Workforce Solutions if you think an exclusion or special rate applies to you.
How New Mexico and federal minimum wage law fit together
The federal minimum wage is $7.25 per hour (29 U.S.C. 206(a)(1)(C)). Under 29 U.S.C. 218(a), the FLSA does not excuse noncompliance with a state law or municipal ordinance that sets a higher minimum wage, and DOL states that the employee gets the higher rate when both apply. The New Mexico rate of $12.00 is above $7.25. For neighboring states, see the Texas and Oklahoma minimum wage pages. For federal coverage, subminimum certificates and pending federal bills, see the federal minimum wage page.
What to do if you are paid less than the minimum wage
The New Mexico Department of Workforce Solutions website blocked our automated checks when this page was verified, so this page does not describe the state's complaint process. Check the agency directly for how to file and any deadline.
Under NMSA 50-4-26(C), an employer that violates 50-4-22 owes the unpaid wages plus interest and an additional amount equal to twice the unpaid wages. One or more employees may sue for themselves and similarly situated coworkers, and if the employees win, the court must also award costs and reasonable attorney fees; the employee does not pay a filing fee (50-4-26(D), (E)). Retaliation for asserting minimum wage rights is prohibited (50-4-26.1). The Labor Relations Division of the Department of Workforce Solutions enforces the Act (50-4-26(B)). A civil action under the Act must be commenced within three years after a violation last occurs, and the period is paused while the Labor Relations Division investigates the employer (NMSA 37-1-5). A lawsuit may cover all violations that were part of a continuing course of conduct, whenever they occurred (NMSA 50-4-32).
The federal remedy is available where the FLSA applies. Under 29 U.S.C. 216(b), an employer that violates the minimum wage requirement is liable for the unpaid wages plus an equal amount as liquidated damages, and a court must allow a reasonable attorney's fee and costs. It is unlawful to retaliate against an employee for filing a complaint (29 U.S.C. 215(a)(3)). An action must be brought within two years, or three for a willful violation (29 U.S.C. 255(a)).
For related topics, see New Mexico final paycheck laws, New Mexico at-will employment laws and unpaid wages. To estimate overtime, use the overtime calculator.
Disclaimer: This page is general legal information, not legal advice. It covers the New Mexico Minimum Wage Act, the local ordinances named above and the federal Fair Labor Standards Act as verified on September 29, 2026. For a specific pay situation, consult a lawyer licensed in New Mexico or the New Mexico Department of Workforce Solutions.
Related pages
- Federal minimum wage rules
- New Mexico final paycheck laws
- New Mexico at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
- Texas minimum wage
- Oklahoma minimum wage
Last updated: September 29, 2026.
Frequently Asked Questions
What is the minimum wage in New Mexico?
$12.00 per hour statewide since January 1, 2023, under NMSA 50-4-22(A)(5). Some localities, such as the City of Santa Fe, pay more.
Is New Mexico's minimum wage going up in 2027?
No state increase was found. Two 2025 bills to raise it were postponed indefinitely. Local rates change on January 1, 2027: Albuquerque rises to $13.00 under Ordinance O-26-33, and the City of Santa Fe is scheduled to rise to $17.50.
What is the minimum wage in Santa Fe, New Mexico?
$15.40 per hour since March 1, 2026, scheduled to become $17.50 on January 1, 2027, per the City of Santa Fe's living wage page.
What is the tipped minimum wage in New Mexico?
$3.00 per hour under state law, if the employee customarily receives more than $30 a month in tips and tips plus cash wage reach at least $12.00. Albuquerque requires a $7.20 tipped cash wage in 2026, and 55.5 percent of the city minimum wage from January 1, 2027.
Does Albuquerque have its own minimum wage?
Yes. In 2026 the city's calculated rate is $11.85, so the state's $12.00 prevails. Under Ordinance O-26-33, enacted in June 2026, the Albuquerque minimum wage becomes $13.00 on January 1, 2027, $14.00 in 2028 and $15.00 in 2029, or $1.00 less where the employer pays at least $2,500 a year in health or child care benefits.
Does Santa Fe County's minimum wage apply to every employer?
No. It applies to county-licensed businesses, county contractors and project participants listed on the county page, and the rate is $15.40 ($4.62 tipped).
What can I recover for unpaid minimum wage under New Mexico law?
Under NMSA 50-4-26(C) and (E), the unpaid wages plus interest, an additional amount equal to twice the unpaid wages, and costs and reasonable attorney fees. Employees may sue together with similarly situated coworkers.
Can I sue for unpaid minimum wage under federal law?
Yes, where the FLSA applies. 29 U.S.C. 216(b) provides unpaid wages, an equal amount as liquidated damages and attorney's fees, generally within two years, or three if willful. A claim under New Mexico's own Act has a three-year limit (NMSA 37-1-5).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 50
§ 50-4-22Minimum wagesIn force
A. Except as provided in Subsection C of this section, an employer shall pay to an employee a minimum wage rate of: (1) prior to January 1, 2020, at least seven dollars fifty cents ($7.50) an hour; (2) beginning January 1, 2020 and prior to January 1, 2021, at least nine dollars ($9.00) an hour; (3) beginning January 1, 2021 and prior to January 1, 2022, at least ten dollars fifty cents ($10.50) an hour; (4) beginning January 1, 2022 and prior to January 1, 2023, at least eleven dollars fifty cents ($11.50) an hour; and (5) on and after January 1, 2023, at least twelve dollars ($12.00) an hour. B. An employer furnishing food, utilities, supplies or housing to an employee who is engaged in agriculture may deduct the reasonable value of such furnished items from any wages due to the employee. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-26Enforcement; penalties; employees' remediesIn force
A. An employer who violates any of the provisions of the Minimum Wage Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. The director of the labor relations division of the workforce solutions department shall enforce and prosecute violations of the Minimum Wage Act. The director may institute in the name of the state an action in the district court of the county wherein the employer who has failed to comply with the Minimum Wage Act resides or has a principal office or place of business, for the purpose of prosecuting violations. The district attorney for the district wherein any violation hereof occurs shall aid and assist the director in the prosecution. C. In addition to penalties provided pursuant to this section, an employer who violates any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid or underpaid minimum wages plus interest, and in an additional amount equal to twice the unpaid or underpaid wages. D.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-21DefinitionsIn force
As used in the Minimum Wage Act: A. "employ" includes suffer or permit to work; B. "employer" includes any individual, partnership, association, corporation, business trust, legal representative or organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state or any political subdivision of the state; provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, "employer" includes the state or any political subdivision of the state; and C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-23Persons with a disability; minimum wage; director powers and duties.In force
A. The director of the labor and industrial division of the labor department, to the extent necessary in order to prevent curtailment of opportunities for employment, shall, by regulation, provide for the employment under special certificates of individuals, including individuals employed in agriculture, whose earning or productive capacity is impaired by physical or mental disability or injury or any other disability, at wages that are lower than the minimum wage applicable under Section 50-4-22 NMSA 1978, but not less than fifty percent of such wage. B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-32Continuing course of conductIn force
A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 may encompass all violations that occurred as part of a continuing course of conduct regardless of the date on which they occurred.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
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Sources and References
- NMSA 50-4-22 (New Mexico Minimum Wage Act), NMOneSource(www.nmonesource.com)
- NMSA 50-4-26 and 50-4-26.1 (remedies and retaliation), NMOneSource(www.nmonesource.com)
- Laws 2021, SB 35 (enrolled act amending NMSA 50-4-21 and 50-4-22)(www.nmlegis.gov).gov
- City of Santa Fe: living wage(santafenm.gov).gov
- Santa Fe County: 2026 living wage adjustments(www.santafecountynm.gov).gov
- City of Albuquerque: minimum wage information(www.cabq.gov).gov
- City of Albuquerque Ordinance O-26-33 (O-2026-018), as enacted(legistar.granicus.com)
- Bernalillo County: required workplace postings(www.bernco.gov).gov
- New Mexico Legislature: HB 246 (2025)(www.nmlegis.gov).gov
- New Mexico Legislature: HB 522 (2025)(www.nmlegis.gov).gov
- New Mexico Secretary of State: November 2026 constitutional amendments and bond questions(www.sos.nm.gov).gov
- 29 U.S.C. 206 (federal minimum wage)(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to state law)(www.law.cornell.edu)
- DOL Wage and Hour Division minimum wage FAQ(www.dol.gov).gov
- 29 U.S.C. 215 (prohibited acts)(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties and remedies)(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations)(www.law.cornell.edu)
- NMSA 37-1-5 and 50-4-32 (limitation period; continuing course of conduct), NMOneSource (official compilation; text confirmed from our corpus copy retrieved 2026-07-30 because the live site requires a CAPTCHA)(www.nmonesource.com)
- City of Las Cruces, Official Notice: Minimum Wage Ordinance, effective January 1, 2026(lascruces.gov).gov
- Laws 2009, HB 489 (enrolled): NMSA 37-1-5 and continuing course of conduct (50-4-32)(www.nmlegis.gov).gov