New Mexico Labor Law Posters
Employers are required to display both state and federal labor and employment posters. This means that employers must post certain notices in their workplaces so employees have access to information about the applicable labor laws. These posters, also known as workplace postings or workplace compliance posters, can be downloaded for free from our website.
Posting Requirements
The type of posters you are required to post will be determined by:
- The nature of your business
- The number of employees
- The primary language spoken by your employees
- Whether you employ people with disabilities
- Whether you employ minors
All notices must be posted in a conspicuous place so that they can be seen and read by employees. Failure to post notices can result in stiff penalties and possible fines.
Don't forget to visit our federal poster page to see if you require additional posters specific to your organization.
Find the Right Poster for You
The posters we provide are organized into four sections:
Mandatory for All New Mexico Employers
New Mexico Job Health and Safety Protection
The “New Mexico Job Health and Safety Protection” Poster describes the rights and responsibilities of employees and employers so all can maintain a safe and healthy workplace.
The poster must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All NM Employers.
[English/Spanish]
Discrimination
New Mexico’s “Discrimination” Poster states that discrimination is against the law in New Mexico.
The poster must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All NM Employers.
[English/Spanish]
New Mexico Minimum Wage Act
The “New Mexico Minimum Wage Act” Poster states New Mexico’s minimum wage and overtime pay.
The poster must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
*Attention Employers: The Minimum Wage Act summaries serve as a new posting option for your workplace. You may post the one page summary or you may keep the full version of the Minimum Wage Act posted if you do not wish to replace it. Either one of these postings will suffice to meet your requirement.
New Mexico Workers’ Compensation Act
The “New Mexico Workers’ Compensation Act” Poster describes the rights and responsibilities of employees in the case that they are injured on the job.
The poster must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All NM Employers.
One 11" x 17" Page: [English]
Two 11" x 8" Pages: [English]
Unemployment Insurance Notice
New Mexico’s “Unemployment Insurance” Poster states that employees are covered under unemployment insurance in case they become unemployed.
This poster is issued at the time of initial Unemployment Insurance tax registration and never needs to be updated.
If you need an additional copy of the Unemployment Insurance Notice, you can log into your employer account in the Unemployment Insurance Tax & Claims System at www.dws.state.nm.us. The poster will be located under "Correspondence," and "Tax Correspondence." Under the "Correspondence Class" dropdown menu, select "Registration."
If you do not have the Unemployment Insurance Notice in your correspondence, please contact the Unemployment Insurance Operations Center at 1-877-664-6984, Monday through Friday, from 8:00 a.m. to 4:30 p.m.
The poster must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All NM Employers.
Human Trafficking
New Mexico’s “Human Trafficking” Notice provides phone numbers for if you or someone you know is a victim of human trafficking.
The poster must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Smoke & Vape Free New Mexico
All indoor public places and indoor places of employment are required to be smoke-free and vape-free. This includes all restaurants, bars, and other workplaces (such as retail and office spaces), indoor public places, buses, taxis, and hired limousines.
It also includes private homes that are used commercially to provide daycare, at least 90 percent of all hotel/motel guest rooms, and all ballrooms, and meeting rooms in hotels and motels.
The only exemptions to the law are as follows:
- retail tobacco and e-cigarette stores;
- cigar bars in existence by Dec 31, 2007 and meeting strict revenue criteria;
- state-licensed gaming facilities, casinos, and bingo parlors, designated outdoor smoking areas, private clubs qualified as federal 501 (c) nonprofits;
- tobacco manufacturing facilities;
- a site being used for the practice of Native American cultural or ceremonial activities in accordance with the federal American Indian Religious Freedom Act.
Businesses must post signs and inform employees and customers who are smoking or vaping that smoking and vaping are not permitted indoors. The New Mexico Allied Council on Tobacco provides free signage.
Required for: All NM Employers.
Federally Mandated
Equal Employment Opportunity is the Law
Executive Order 11246 (E.O. 11246), also known as the “Equal Employment Opportunity is the Law” Poster prohibits certain Federal contractors and subcontractors from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin. Additionally, it protects applicants and employees from discriminatory discipline, including firing, for asking about, discussing, or disclosing their pay or the pay of their co-workers. E.O. 11246 also requires covered government contractors to take affirmative action to ensure that equal opportunity is provided in all aspects of employment.
Post copies of the poster, supplement, and provision in conspicuous places available to employees, applicants for employment, and send to representatives of labor organizations with which there is a collective bargaining agreement.
Required for: NM Employers with 15 or more employees.
Employee Rights Under the Fair Labor Standards Act
The "Employee Rights Under the Fair Labor Standards" Poster establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting full-time and part-time workers in the private sector and in federal, state, and local governments. The FLSA requires employers to pay covered nonexempt employees a minimum wage of not less than $7.25 per hour.
The poster must be posted in a conspicuous area on the employer's premises where employees can readily see it.
Required for: All NM Employers.
Large Posters: [English] [Spanish] [Chinese] [Russian] [Thai] [Hmong] [Vietnamese] [Korean] [Polish]
Small Posters: [English] [Spanish]
Employee Polygraph Protection Act
The "Employee Polygraph Protection Act" (EPPA) generally prevents private sector employers from using lie detector tests, either for pre-employment screening or during the course of employment, with certain exceptions. Employers generally may not require or request any employee or job applicant to take a lie detector test, or discharge, discipline, or discriminate against an employee or job applicant for refusing to take a test.
EPPA excludes federal, state, and local government agencies from the Act's coverage, with respect to public employees. Lie detector tests may also be administered by the Federal Government to employees of Federal contractors engaged in national security intelligence or counterintelligence functions.
The poster must be posted in a conspicuous area on the employer's premises where employees and applicants for employment can readily see it.
Required for: All NM Employers.
Family and Medical Leave Act
The “Family and Medical Leave Act” entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave.
The poster must be posted in a conspicuous area on the employer's premises where employees and applicants for employment can readily see it. It may also be posted electronically if all other requirements have been met, but the electronic posting cannot replace the physical posters.
Required for: All NM Employers.
USERRA - Uniformed Services Employment and Reemployment Rights Act
Employers are required to provide to persons entitled to the rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA), a notice of the rights, benefits, and obligations of such persons and such employers under USERRA.
Employers may provide the notice, "Your Rights Under USERRA", by posting it where employee notices are customarily placed. However, employers are free to provide the notice to employees in other ways that will minimize costs if the full text of the notice is provided (e.g., by handing or mailing out the notice, or distributing the notice via electronic mail).
Required for: All NM Employers.
[English]
Mandatory for Some New Mexico Employers
City of Albuquerque Minimum Wage
The “City of Albuquerque Minimum Wage” Notice informs employees of the minimum wage rates and consumer price index relevant to the city of Albuquerque.
The notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All employers operating in the city of Albuquerque, New Mexico.
[English/Spanish]
Bernalillo County Minimum Wage
The “Bernalillo County Minimum Wage” Notice informs employees of their rights under the Bernalillo County Minimum Wage Ordinance.
The notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All employers operating in Bernalillo County, New Mexico.
[English/Spanish]
City of Las Cruces Minimum Wage
The “City of Las Cruces Minimum Wage” Notice informs employees of the minimum wage in the city of Las Cruces.
The notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it. Employers must post the notice in both English and Spanish.
Required for: All employers operating in the city of Las Cruces, New Mexico.
[English] [Spanish]
City of Santa Fe Living Wage
The “City of Santa Fe Living Wage” Notice advises employers of who is required to pay the living wage.
The notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All employers operating in the city of Santa Fe, New Mexico.
[English] [Spanish]
Santa Fe County Living Wage
The “Santa Fe County Living Wage” Notice is a summary of the county's living wage ordinance.
The notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: Any holder of a Santa Fe County business license.
[English/Spanish]
This Organization Participates in E-Verify
The “This Organization Participates in E-Verify” Poster informs employees that this employer will provide the federal government with employees’ Form I-9 information to confirm that they are authorized to work in the U.S.
This notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All NM Employers who participate in E-Verify.
If You Have the Right to Work Don’t Let Anyone Take it Away
The “If You Have the Right to Work Don’t Let Anyone Take it Away” Poster from the Department of Justice informs employees that if they have the skills, experience, and legal right to work, their citizenship or immigration status shouldn’t merit discrimination in the workplace. This poster also provides contact information for the Immigrant and Employee Rights Section (IER).
This notice must be posted in a conspicuous area on the employer’s premises where employees can readily see it.
Required for: All NM Employers who participate in E-Verify.
Recommended
IRS Withholding Notice
Publication 213, the “IRS Withholding Notice”, is a bulletin board poster advising workers to consider whether they need to file a new Form W-4 with their employer, including options that would affect that decision like marriage or divorce, changing your name, gaining or losing a dependent, or changes to your income.
All Employers have the option to post this notice in a conspicuous area, but it is not required.
[English]