New Mexico Minimum Wage: Rates, Tips, and Local Rules

A gallery owner in Santa Fe told me she had been paying her two part-time staff the New Mexico minimum wage for three years and had never once worried about it. She had the state figure right. She had never heard of the city living wage ordinance, which is more than three dollars an hour higher and applies to every employer inside the city limits.

That is the New Mexico trap. The state number has not moved since the beginning of 2023, so employers stop watching it, while five local governments run ordinances on their own calendars. Two local rates sit far above the state floor and one sits just above it. The other two sit below it for regular hours, though Albuquerque has already legislated a climb past it.

So this page is a rate sheet, not an essay: the state rate, all five local rates, the tipped cash wage, who is excluded, and what to change the day a rate moves. Every figure below comes from the state Department of Workforce Solutions or from the city or county that sets the rate, with its effective date attached.

What You Owe Per Hour Right Now

The New Mexico minimum wage is $12.00 an hour for every employer in the state, with no small-employer track and no headcount test. The Department of Workforce Solutions puts the effective date on it directly: $12.00 per hour effective January 1, 2023, up from $11.50 the year before.

The same page carries the sentence that decides most real questions. Certain cities and counties enforce their own minimum wage, and the state will enforce the highest available rate. That means the rate follows the work site, and a business with one employee inside Santa Fe city limits owes the Santa Fe number regardless of where the company is based.

Those six lines are the whole picture. Three ordinances raise the wage above the state floor today. The other two publish 2026 rates below it, and Albuquerque climbs past it when its rate moves to $13.00 on January 1, 2027.

Rates apply to hours worked inside the jurisdiction, so a roofing crew that works two counties in one week is on two different rates in the same pay period.

When the Next Increase Lands

No increase to the New Mexico state rate is scheduled. The 2019 amendment to the Minimum Wage Act set a four-step ladder from $9.00 in 2020 to $12.00 in 2023 and then stopped, with no inflation indexing attached. The statewide figure moves again only if the legislature passes a bill and the governor signs it.

Local rates are the opposite. They move on a published calendar, and the City of Santa Fe and Albuquerque have both legislated what comes next. Budget for one local change a year, plus whatever the legislature does, and track the local and state dates separately.

The City of Santa Fe has the largest known step. In November 2025, the city passed a one-time legislative jump to $17.50 an hour on January 1, 2027, and annual adjustments begin March 1, 2028 under a new formula.

The Santa Fe formula is a blend of 50 percent Western consumer price index (CPI) and 50 percent fair market rent for a two-bedroom unit, as published by the US Department of Housing and Urban Development (HUD). Each adjustment is capped at 5 percent a year, and the rate is never reduced.

Albuquerque now has a legislated ladder of its own. Ordinance O-26-33, signed June 12, 2026, sets the city rate at $13.00 on January 1, 2027, $14.00 in 2028, and $15.00 in 2029, with CPI adjustments each January from 2030. From 2027 the city figure sits above the state floor, so it becomes the rate Albuquerque employers pay.

Santa Fe County adjusts every March 1 by the Western regional consumer price index for urban wage earners and clerical workers. Las Cruces adjusts every January 1 by CPI and publishes the new figure in the autumn beforehand.

Tipped Cash Wage and the Tip Credit

New Mexico allows a tip credit. Statewide you must pay a tipped employee at least $3.00 an hour in cash, and cash plus tips has to reach $12.00, so the maximum credit is $9.00 an hour. The credit applies only to an employee who customarily and regularly receives more than $30 a month in tips.

The Minimum Wage Act adds two rules employers miss. All tips belong to the employee, and tip pooling is permitted only among wait staff, which is narrower than the federal tip pooling rules many payroll systems assume. Back-of-house pooling that works in another state does not automatically work here.

Local ordinances hit tipped pay harder than they hit regular pay. Albuquerque sets its tipped minimum at 60 percent of the prevailing minimum wage, or $7.20 an hour. That is more than double the state cash floor, even though the city regular rate currently sits below the state one. Las Cruces sits at $5.20 and unincorporated Santa Fe County at $4.62.

The City of Santa Fe keeps a $3.00 base wage but changes the eligibility test: the employee must customarily earn $100 or more a month in tips or commission, and the total still has to reach $15.40 an hour.

The Five Local Ordinances

Five New Mexico jurisdictions have a minimum wage ordinance of their own: the City of Santa Fe, Santa Fe County, Las Cruces, Albuquerque, and Bernalillo County. The state lists all five. The temporary preemption that once blocked local wage laws expired on January 1, 2010, so each ordinance applies on its own terms inside its own boundary.

The City of Santa Fe is the highest in the state at $15.40 an hour as of March 1, 2026, applicable to all employers within the city limits. The city describes the current figure as the last one calculated under the old CPI-only method before the new ordinance formula takes over in 2028.

Santa Fe County matches that $15.40 for the unincorporated county, with a tipped base of $4.62, both effective March 1, 2026. Its boundary rule is strict: the ordinance covers businesses outside the incorporated limits of the City of Santa Fe, the City of Espanola, and the Town of Edgewood, and it reaches county contractors as well.

Las Cruces, Albuquerque, and Bernalillo County

Las Cruces pays $13.01 an hour and $5.20 for tipped employees, effective January 1, 2026, up from $12.65 and $5.06 the year before. The 2014 ordinance ties both figures to CPI each January and adopts whichever is higher, the city figure or the state figure, so the city rate has led since 2024.

Albuquerque calculated $11.85 for 2026 and says on its own page that the state $12.00 supersedes it and is the prevailing wage. The city also runs a benefits credit that drops its rate to $10.85 when an employer spends at least $2,500 a year per employee on healthcare or childcare, and the state floor overrides that too.

The new Albuquerque ordinance, O-26-33, changes that picture on January 1, 2027: the city rate moves to $13.00, and the tipped and benefits rules are rewritten. The tipped cash wage becomes 55.5 percent of the city rate in 2027, 52 percent in 2028, and 50 percent from 2029, and the benefits credit rate sits $1.00 below the city rate.

Bernalillo County is the quietest of the five. Its ordinance covers the unincorporated county under county code section 2-218, and the current county notice sets $10.95 an hour effective January 1, 2026, while stating that the state $12.00 supersedes it. Tipped employees there get the state $3.00 cash wage, so employers pay $12.00 and $3.00.

Industry Carve-Outs and Exclusions

New Mexico has no fast food minimum wage and no healthcare minimum wage. Its carve-outs run the other direction: rather than lifting the floor for one industry, the Minimum Wage Act removes whole categories of worker from the definition of employee, which takes them outside both the state wage and the state overtime rule.

Two of those lines catch small employers by surprise. The exclusion for anyone paid on piecework, a flat rate schedule, or commission is unusually broad and sweeps in commissioned sales roles, because the statute names salespersons outright. The agricultural exclusions run through five separate tests, one of which turns on 500 person-days of farm labor in a calendar quarter.

Fast Food, Healthcare, and Agriculture

No New Mexico law sets a separate wage for fast food workers. The fast food wage rules quoted in national coverage belong to California, not to New Mexico, and a quick-service restaurant in Rio Rancho pays the same rate as the hardware store next door.

Healthcare gets no special state rate either, though the City of Santa Fe keeps provisions for Medicaid-dependent nonprofits inside its living wage ordinance. Agriculture is where the real relief sits, and it comes with a companion rule: an employer that furnishes food, utilities, supplies, or housing to an agricultural worker may deduct the reasonable value of those items from wages due.

Student, Youth, and Training Wage

New Mexico has no student or youth minimum wage. The 2019 amendment to the Minimum Wage Act added an $8.50 rate for secondary school students working after school hours or when school is not in session, and a 2021 amendment repealed it effective June 18, 2021, so students are owed the full applicable rate.

The Minimum Wage Act summary poster the state published in 2023 says the same thing in a heading of its own: no separate rate for students or minors, and the rates apply to all employees regardless of age or student status.

One trap remains. The full-text copy of the Act that the Department of Workforce Solutions still offers as a posting option is the version effective January 1, 2020, and it still prints the repealed student rate. Treat that line as history. Whatever you pay, the Child Labor Act and its work permit rules still apply to anyone under 16.

New Mexico has no adult training wage, no learner wage, and no 90-day probationary rate. Local ordinances contain no student rate at all, so a 17-year-old working a summer job inside Santa Fe city limits is owed $15.40 an hour.

Poster Requirements

Every New Mexico employer displays the Minimum Wage Act posting where employees can easily see it, and the sheet to hang is the current one-page summary, free from the Department of Workforce Solutions in English and Spanish. The state still accepts the full text of the Act instead, but its copy dates from January 2020 and prints the $8.50 student rate repealed on June 18, 2021, so it misstates current law.

The summary is the more useful sheet, because it also states the damages an employer owes for underpayment: the full amount of the underpaid wages plus interest, plus an additional amount equal to twice the underpaid wages. It also names the enforcement window, with claims investigated going back at least three years.

Local postings stack on top. Santa Fe County requires its living wage notice next to the business license, Albuquerque requires the annual city notice in English and Spanish, and Las Cruces publishes a dated poster in both languages for each new rate. Keep the retired versions with your pay records, which our guide to payroll recordkeeping covers in detail.

How New Mexico Sits Against the Federal Rate

The federal minimum wage is $7.25 an hour and has not moved since July 24, 2009, as the US Department of Labor state tables show. New Mexico sits $4.75 above it, and the state tipped cash wage of $3.00 sits above the federal $2.13. Where both laws cover an employee, the higher floor wins.

The federal number still matters in exactly one place: the exclusion table above. An employee outside the New Mexico definition of employee is not automatically outside the federal Fair Labor Standards Act, which runs its own coverage tests. A commissioned salesperson excluded from the state act may still be owed $7.25 an hour federally.

What to Do the Day a Rate Rises

A rate change is a payroll project, not a memo. In New Mexico the local governments give you a fixed date and a published number, so the work is entirely schedulable. Run it in this order.

The step employers skip is the last one. A poster showing a stale rate is the first thing an investigator photographs, and it turns a payroll question into a documented notice failure. Keeping rate changes, notices, and acknowledgments in one place is exactly the recurring task FirstHR was built to hold for teams without a dedicated HR person.

Frequently Asked Questions

What is the New Mexico minimum wage right now?

It is $12.00 an hour for every employer, effective January 1, 2023, with no small-employer track. Three local rates run higher for work performed inside their boundaries: the City of Santa Fe at $15.40, unincorporated Santa Fe County at $15.40, and Las Cruces at $13.01. Albuquerque joins them at $13.00 on January 1, 2027. The state says it enforces the highest available rate.

Do I pay the state rate or the city rate?

Whichever is higher for the place the work is performed. A remote employee working from a home inside Santa Fe city limits is owed $15.40 even when the company sits elsewhere in the state. For staff who split time across jurisdictions, the rate follows the hours worked in each one, so put work location on the timesheet.

How much can I count as a tip credit?

Statewide, $9.00 an hour, since the cash floor is $3.00 and the wage is $12.00. The credit only holds if tips actually close the gap that workweek. Albuquerque, Las Cruces, and unincorporated Santa Fe County all set a higher cash floor, which shrinks the credit for employers inside those boundaries.

Is the state rate going up next year?

Nothing is scheduled. The 2019 amendment ended at $12.00 and attached no escalator, so the state rate changes only through new legislation. Local rates keep moving on their own calendars, including legislated jumps on January 1, 2027 to $17.50 in the City of Santa Fe and $13.00 in Albuquerque.

Can I pay a high school student less?

No. The $8.50 secondary student rate added in 2019 was repealed effective June 18, 2021, and the state poster confirms there is no separate rate for students or minors. A student is owed the full state or local rate, and no local ordinance offers a student rate either.

Which poster do I have to hang?

The Minimum Wage Act posting, in every workplace. Hang the current one-page summary, a free download in English and Spanish. The state also accepts the full text of the Act, but its copy dates from January 2020 and still prints the repealed $8.50 student rate. Santa Fe County adds a living wage notice next to the business license, Albuquerque adds its annual city notice, and Las Cruces issues a dated poster with each new rate.

Do the Albuquerque and Bernalillo County ordinances still matter?

For regular hours, not yet. The Albuquerque ordinance takes over on January 1, 2027, when the city rate moves to $13.00. For 2026 the city published $11.85 and states that the $12.00 state rate supersedes it, and the Bernalillo County notice sets $10.95 with the same caveat. Tips are the exception: the Albuquerque tipped minimum of $7.20 an hour binds employers inside city limits.