New Mexico Payday Laws 2026: Pay Frequency, Timing, and Final Pay

Getting pay frequency and timing wrong in New Mexico can expose your business to employee complaints, state labor board investigations, and financial penalties. This guide covers what New Mexico law requires — including the details that trip up employers most often.

Pay Frequency Requirements

New Mexico requires employers to pay employees at least semi-monthly. This means:

Employers may choose to pay more frequently than required (e.g., weekly instead of semi-monthly), but cannot pay less frequently without violating state law.

Payment Timing

Paychecks must be issued on or before the designated payday. Most New Mexico employers establish a regular pay schedule (e.g., the 1st and 15th of each month, or every other Friday) and communicate it to employees at hire.

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Final Pay Requirements

Final wages for discharged employees are due within 5 days of termination. This applies to all forms of separation — voluntary resignation, involuntary termination, and layoffs.

Final pay must include all earned wages, including accrued and unused paid time off if your company policy or New Mexico law requires payout.

Wage Deductions

Employers may only make deductions from employee wages that are:

• Required by law (taxes, garnishments, court orders)
• Authorized in writing by the employee (insurance premiums, 401k contributions)
• For the employee’s benefit (with proper authorization)

Unauthorized deductions — such as for cash register shortages, uniform costs, or damaged equipment — are generally prohibited unless specifically permitted by New Mexico state law with proper written consent.

Pay Stub Requirements

New Mexico employers must provide employees with a pay statement (physical or electronic) each pay period showing:

• Gross wages earned
• All deductions (taxes, benefits, etc.)
• Net pay
• Pay period dates
• Hours worked (for hourly employees)

Payment Methods

Common payment methods in New Mexico include:

• Direct deposit: Most common and preferred. Some states require employee consent.
• Physical check: Must be negotiable at full face value on the date issued.
• Pay cards: Allowed in most states with restrictions — typically require employee consent and free access to at least one withdrawal per pay period.

Employer Compliance Checklist

• ☑ Pay employees at least semi-monthly
• ☑ Issue final paychecks per New Mexico requirements
• ☑ Provide pay stubs with required information
• ☑ Get written authorization for all voluntary deductions
• ☑ Keep payroll records for at least 3 years
• ☑ Display required workplace posters

Frequently Asked Questions

How often must New Mexico employers pay employees?

New Mexico requires employers to pay employees on a semi-monthly basis. Some exceptions may apply to executive or exempt employees.

When is the final paycheck due in New Mexico?

Final wages for discharged employees are due within 5 days of termination.

Does New Mexico require pay stubs?

Most states, including New Mexico, require employers to provide a written or electronic pay statement showing gross wages, deductions, and net pay.

Can New Mexico employers require direct deposit?

Most states allow employers to offer direct deposit but cannot mandate it as the only payment option without employee consent. Check New Mexico state law for specific requirements.