In New Mexico, the tapestry of required workplace posters is a vibrant reflection of the state's commitment to employee rights and wellbeing. Employers in New Mexico are required to display posters that cover a range of topics, from the state's minimum wage and anti-discrimination laws to health and safety regulations under the New Mexico Occupational Health and Safety Bureau (NM OHSB). This is somewhat similar to other states, but with a local flavor – for instance, New Mexico has specific requirements for posters related to the Human Rights Act and Minimum Wage Act, tailored to the state's unique legal context.
The importance of these posters goes beyond legal compliance; they are a crucial tool for creating a workplace culture grounded in respect and transparency. By displaying these posters, employers in New Mexico not only adhere to legal standards but also reinforce a work environment where employees are well-informed about their rights and protections. The failure to display these posters can result in legal repercussions, but more importantly, it can undermine the foundational trust between employers and employees. Keeping these posters up to date and visible is a tangible demonstration of an employer's dedication to a fair, safe, and compliant workplace, reinforcing a shared sense of responsibility and respect within the work community.
The following state posters are required by the state of New Mexico:
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Required Posters |
These posters must be displayed in prominent locations within the workplace, such as break rooms or common areas, to ensure they are easily visible to all employees. Regular updates are necessary to ensure compliance with any changes in state laws.
New Mexico Required Workplace Posters
Discrimination is Against the Law
Poster Summary
The Discrimination is Against the Law document in New Mexico provides information about the New Mexico Human Rights Act and the role of the Human Rights Bureau in enforcing it.
Key points include:
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Prohibited Discriminatory Bases: The Human Rights Act prohibits discrimination based on race, color, national origin, ancestry, sex, age, gender, physical or mental disability, serious medical condition, sexual orientation, gender identity, spousal affiliation, and religion.
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Coverage and Prohibitions: The Act prohibits discrimination in employment, housing, credit, and public accommodations. It also prohibits retaliation for reporting discrimination in any of these areas.
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Filing a Complaint: If an individual believes they have been discriminated against, they can contact the Human Rights Bureau and file a complaint within 300 days of the last act of discrimination or harassment.
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Enforcement and Assistance: The Human Rights Bureau investigates complaints of discrimination and harassment and provides assistance in filing complaints or obtaining information about the Human Rights Act.
The document provides contact information for the Human Rights Bureau and encourages individuals to visit the website or contact the Bureau for further assistance.
Human Trafficking
Poster Summary
This is a mandatory posting for all employers in New Mexico, and businesses who fail to comply may be subject to fines or sanctions.
This poster, in English, Spanish, and Navajo, serves as a notice to employees bringing awareness to human trafficking crimes and who to contact in the event that an incident is witnessed.
Job Health and Safety Poster
Poster Summary
The Job Health and Safety Poster in New Mexico emphasizes the rights and responsibilities related to workplace safety and health.
Key points include:
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Employee Rights: Employees have the right to notify their employer or OSHA about workplace hazards, request an inspection if they believe unsafe conditions exist, file a complaint for retaliation, and obtain copies of medical and exposure records. Employers must post this notice in the workplace.
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Employee Responsibilities: Employees must comply with OSHA standards relevant to their actions and conduct on the job.
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Employer Responsibilities: Employers must provide a workplace free from recognized hazards and comply with OSHA standards.
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Contact Information: The New Mexico Department of Workforce Solutions Human Rights Bureau and the Federal Occupational Safety and Health Administration are available for reporting complaints, seeking advice, or obtaining information on workplace health and safety.
Downloads
Minimum Wage Act Summary
Poster Summary
The Minimum Wage Act Summary in New Mexico provides information regarding the minimum wage and related provisions.
Key points include:
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Minimum Wage: As of January 1, 2023, the minimum wage in New Mexico is $12 per hour.
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Overtime Pay: Employees are entitled to receive at least 1.5 times their regular hourly rate for all hours worked over 40 in a workweek.
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Tipped Workers: Tipped employees must be paid an hourly rate of at least $3 per hour. If the combined tips and hourly rate do not reach $12 per hour, the employer is required to make up the difference. Tipped employees have the right to retain all of their tips, and tip pooling is limited to wait staff only.
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No Separate Rate for Students or Minors: The minimum wage rates apply to all employees, regardless of their age or student status.
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Damages and Retaliation: Employers who violate minimum wage or overtime requirements may be required to pay impacted employees the full amount of underpaid wages, plus interest, and an additional amount equal to twice the underpaid wages. Retaliation against employees for wage claim assertion or informing others of their rights is unlawful.
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Enforcement: The Labor Relations Division of the Department of Workforce Solutions investigates claims, recovers back wages, and pursues civil or criminal action against violators.
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Local Minimum Wage Rates: Santa Fe, Santa Fe County, Albuquerque, and Las Cruces may have higher base or tipped minimum wage rates.
Certain jobs or employers may be exempt from minimum wage or overtime provisions.
Employers are required to prominently display this poster for employees to see. For more information or to file a wage claim, individuals can contact the Labor Relations Division or visit the official website.
Notice of Accident (NOA) Forms
Poster Summary
The Notice of Accident document in New Mexico provides instructions and information for workers and employers regarding workers' compensation and reporting workplace accidents or occupational diseases.
Key points include:
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Emergency Medical Care: Workers should seek emergency medical care at any emergency medical facility.
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Workers' Compensation Questions: Workers and employers with questions about workers' compensation can contact an Ombudsman at any New Mexico Workers' Compensation Administration office for information and assistance.
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Notification of Accident or Occupational Disease: The form provides space for workers to report details of the on-the-job accident or occupational disease, including the date, time, and location of the incident or disease.
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Choice of Health Care Provider: The form includes a section for employers to indicate whether the worker is allowed to choose their health care provider, with corresponding rights for the employer or worker to change providers after 60 days.
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Signatures and Copies: The form requires the signature of the employee and the employer or representative, and both parties should retain a copy.
Contact information for various New Mexico Workers' Compensation Administration offices is provided on the form.
Paid Sick Leave
Poster Summary
The Paid Sick Leave document in New Mexico provides information on the Healthy Workplaces Act, outlining employee rights regarding paid sick leave.
Key points include:
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Accrual: Employees earn one hour of sick leave for every 30 hours worked, starting from their first day of work. Up to 64 hours of unused sick leave can carry over year-to-year.
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Use of Sick Leave: Employees can use up to 64 hours of earned sick leave per twelve-month period, with the possibility of a higher limit set by employers. Sick leave is compensated at the employee's usual hourly rate, which must meet at least the minimum wage.
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Reasons for Use: Sick leave can be used for the employee's own illness, injury, health condition, preventive medical care, or to care for family members. It can also be used for meetings related to a child's health or disability or for absences due to domestic abuse, sexual assault, or stalking.
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Requesting and Scheduling Sick Leave: Employers must grant sick leave upon oral or written request, and employers cannot condition sick leave on finding replacement workers. Employees should provide advance notice when possible and make reasonable efforts to schedule leave without disrupting business operations.
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Documentation and Confidentiality: Employers may require reasonable documentation for consecutive workdays of sick leave and must treat related information as confidential.
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Retaliation Prohibited: Employers cannot take adverse actions against employees for exercising their rights under the Act or raising concerns about violations. Examples of retaliation include denial of sick leave, termination, reduction of work hours, threats, or undesirable assignments.
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Complaint Process: The New Mexico Department of Workforce Solutions, Labor Relations Division, enforces the Act, and employees can file complaints within three years of the alleged violation. Employers found in violation may be liable for damages and penalties.
Employees should refer to the full text of the law and regulations for more details, available on the New Mexico Department of Workforce Solutions website.
Unemployment Insurance Notice
Poster Summary
This poster, in English, serves as a notice to employees about the Unemployment Compensation Law of New Mexico, confirms that the employer specified has registered for the mandatory Unemployment Insurance tax, informs employees and where to go and who to contact for unemployment benefits if they qualify.
Downloads
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. 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.
Local Workplace Posters
If your business is in the following jurisdictions, you must also display the following postings.
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Local Jurisdiction |
Required Posting |
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Albuquerque |
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Bernalillo County |
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Bernalillo County |
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Las Cruces |
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Santa Fe |
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Santa Fe County |
Important: Local jurisdictions in New Mexico may have additional posting requirements. Employers must contact their local jurisdiction for specifics.
Federal Workplace Posters
Additionally, New Mexico employers must display the following federally required posters, which can be downloaded here.
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Private employers, state and local governments, and educational institutions |
Federal Contractors |
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Employee Polygraph Protection Act (EPPA) |
Employee Rights on Government Contracts |
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Employee Rights for Workers with Disabilities/Special Minimum Wage |
Workers Rights Under Davis-Bacon Act |
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E-Verify Participation |
Employee Rights Under the National Labor Relations Act |
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E-Verify Right to Work |
Pay Transparency for Nondiscrimination Provision |
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Fair Labor Standards Act (FLSA) |
Your Rights Under the Energy Reorganization Act |
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Family and Medical Leave Act (FMLA) |
Workers Rights Under Executive Order 13658 |
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Job Safety and Health: It's the Law Workplace |
Workers Rights Under Executive Order 13706 |
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Know Your Rights |
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Your Rights Under USERRA |
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Agricultural employers and farm labor contractors:
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Have Employees in More Than One State?
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This content is owned and provided by Accountingprose LLC “AS IS,” and is intended for informational purposes only. It does not constitute legal, accounting, or tax advice, nor does it create an attorney-client relationship. Because laws are constantly changing, we do not represent or warranty that the content is comprehensive of all applicable laws and regulations, and/or accurate as of the date of use. You are solely responsible for complying with all applicable laws and regulations. Accountingprose LLC expressly disclaims any liability associated with your use of the content, and/or your noncompliance with applicable laws and regulations.
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