Minimum and Living Wage Advocacy and Legislations in New Mexico

1. What is the current minimum wage in New Mexico and how does it compare to the federal minimum wage?


As of January 2021, the current minimum wage in New Mexico is $10.50 per hour. This is higher than the federal minimum wage of $7.25 per hour.

However, certain cities and counties in New Mexico have enacted their own higher minimum wages, such as Santa Fe’s rate of $11.80 per hour and Bernalillo County’s rate of $9.35 per hour for businesses with more than 26 employees and $8.75 per hour for businesses with 25 or fewer employees.

2. How often is the minimum wage adjusted in New Mexico and what factors are considered when determining an increase?


The minimum wage in New Mexico is adjusted annually. The State Minimum Wage Act requires a yearly inflation adjustment to the minimum wage, based on the Consumer Price Index (CPI) for urban consumers in the western region. The increase is calculated by the New Mexico Department of Workforce Solutions and announced on January 1st of each year. Other factors that may be considered include economic conditions and recommendations from labor unions and business groups.

3. What impact has increasing the minimum wage had on unemployment rates in New Mexico?


The impact of increasing the minimum wage on unemployment rates in New Mexico is not clear-cut and has been a topic of debate among economists. Some studies have found that increasing the minimum wage can lead to a slight increase in unemployment as businesses may need to cut costs by reducing their workforce to compensate for the higher labor costs. However, other studies have found no significant impact on unemployment rates or even a decrease in unemployment as workers earn more income and spend more money, leading to increased consumer demand and job growth.

A 2016 study by researchers at the University of California Berkeley found that after New Mexico implemented a series of minimum wage increases from 2009 to 2014, there was no significant impact on overall employment levels or on employment in industries with a high concentration of low-wage workers.

On the other hand, a 2018 report from the Employment Policies Institute (EPI), which opposes minimum wage increases, analyzed data from all U.S. states over two decades and found that every 10% increase in the state minimum wage corresponded with a nearly 1% increase in overall unemployment rates. The EPI report specifically highlights New Mexico as one of six states where these effects were most pronounced.

Overall, it appears that increasing the minimum wage may have had a modest impact on unemployment rates in New Mexico but it is not possible to determine causality due to various economic factors at play. Additionally, any potential negative effects on employment may be offset by positive effects such as increased consumer spending and decreased turnover for businesses who pay their employees higher wages.

4. Are there any exemptions or special considerations for small businesses when it comes to complying with the minimum wage laws in New Mexico?


Yes, there are a few exemptions and special considerations for small businesses when it comes to complying with the minimum wage laws in New Mexico. These include:

1. Youth Minimum Wage Exemption: Businesses with less than $500,000 in annual gross receipts may be exempt from paying the regular state minimum wage to employees under the age of 18 for the first six months of employment.

2. Training Wage Exemption: Businesses with less than $500,000 in annual gross receipts may pay a training wage of no less than $6.20 per hour to employees during their first 60 days of employment.

3. Seasonal Employee Exemption: Businesses that operate on a seasonal basis and have an annual gross revenue of less than $500,000 are exempt from paying the regular state minimum wage to employees during their peak season.

4. Tipped Employee Credit: Employers of tipped employees (such as waitstaff) can claim a tip credit towards meeting their minimum wage obligation. The amount of the credit is equal to the difference between the regular minimum wage rate and the cash wage paid to tipped employees, which must be at least $2.35 per hour.

5. Home Health Care Aides Exemption: Businesses that provide home health care services may apply for an exemption from paying the regular state minimum wage if they can demonstrate financial hardship due to Medicaid reimbursement rates.

It’s important for small business owners to consult with an attorney or HR professional to ensure they understand and comply with all applicable minimum wage laws in New Mexico.

5. What is the living wage in New Mexico and does it differ from the minimum wage?


The living wage in New Mexico is currently estimated to be $11.80 per hour for a single adult, and $24.91 per hour for a household with two working adults and two children. This differs from the state’s minimum wage of $10.50 per hour, which is the lowest hourly rate that employers can legally pay their employees in New Mexico.

6. How does the cost of living in various regions of New Mexico affect the implementation of a single statewide minimum/living wage?


The cost of living in various regions of New Mexico can greatly affect the implementation of a single statewide minimum/living wage. This is because the cost of living can vary significantly from one region to another, making it difficult to determine a single wage that would adequately meet the needs of workers in all areas.

For example, the cost of housing, food, and other basic necessities may be much higher in areas such as Albuquerque or Santa Fe compared to more rural or less populated areas. As a result, setting a single statewide minimum/living wage could lead to disparities in wages and potentially harm smaller businesses in those regions.

Furthermore, implementing a high minimum/living wage across the entire state could also create challenges for businesses operating on tight profit margins. Small businesses in rural areas may struggle to stay afloat if they are required to pay their employees the same amount as businesses in larger cities.

On the other hand, implementing a lower minimum/living wage for certain regions could also lead to exploitation of workers and exacerbate economic inequalities within the state. Workers in low-wage regions may struggle even more to make ends meet if they are paid significantly less than their counterparts in higher-cost areas.

Overall, finding a balance between establishing a fair minimum/living wage and taking into account regional differences in cost of living is crucial for successful implementation across New Mexico. It may require further research and consultation with stakeholders from different regions to determine an optimal solution that addresses both worker needs and business capabilities.

7. Does New Mexico have a living wage ordinance that requires contractors or subcontractors to pay their workers a certain amount?


Yes, New Mexico has a living wage ordinance that applies to all businesses with 25 or more employees. The current minimum living wage is $10.50 per hour and will increase to $11.50 on January 1, 2022. This applies to all contractors, subcontractors, and employees of contractors who provide services to or perform work for the State of New Mexico or any local government entity receiving state funds or tax incentives.

8. What are some potential benefits and drawbacks of implementing a statewide living/minimum wage in New Mexico?


Potential benefits:
1. Increased income for low-wage workers: A statewide living/minimum wage would provide a much-needed source of income for low-wage workers in New Mexico, helping to alleviate poverty and improve overall standards of living.

2. Reduced income inequality: By setting a higher minimum wage, the gap between high-wage and low-wage earners could be reduced, promoting more economic equality.

3. Boost in consumer spending: With more money in their pockets, low-wage workers may have more disposable income to spend on goods and services, which can boost the state economy.

4. Reduced reliance on public assistance: A higher minimum wage can potentially reduce the number of people relying on government assistance programs such as food stamps and housing assistance.

5. Potential increase in job quality: With a higher minimum wage, employers may be incentivized to improve working conditions and offer better benefits to attract and retain employees.

Potential drawbacks:

1. Job loss: Employers may respond to the increased labor costs by cutting jobs or reducing hours for existing employees to avoid paying higher wages, particularly in industries with smaller profit margins.

2. Increase in prices: Businesses might respond to the increased labor costs by raising prices on goods and services, which could make it difficult for consumers to afford certain goods/services.

3. Impact on small businesses: Small businesses with limited resources may struggle with the cost of paying a higher minimum wage, which could potentially lead to closures or layoffs.

4. Outmigration of businesses: Some businesses may choose to relocate to states with lower minimum wages in order to save on labor costs, resulting in potential job losses for New Mexico residents.

5. Disproportionate impact on rural areas: A statewide living/minimum wage might disproportionately affect rural areas where the cost of living is lower compared to urban areas, potentially leading to job losses or business closures in those communities.

9. Are there any initiatives or bills currently being proposed by lawmakers to raise the minimum or living wage in New Mexico?


Yes, there are currently several initiatives and bills being proposed by lawmakers in New Mexico to raise the minimum or living wage:

1. House Bill 31: This bill would increase the state’s minimum wage from $7.50 per hour to $10 per hour starting in January 2022, and then increase it by $1 every year until it reaches $12 per hour in 2024.

2. Senate Bill 3: This bill would also gradually raise the state’s minimum wage over a period of four years, starting at $9 per hour in January 2022 and reaching $12 per hour in January 2025.

3. House Joint Resolution 8: This resolution proposes an amendment to the state constitution to establish a living wage for all workers who are employed by the state or any of its political subdivisions. The exact amount of this wage would be determined by a formula based on inflation and other factors.

4. Senate Joint Memorial 6: This memorial directs the Economic Development Department to study the economic impact of raising the minimum wage in New Mexico to $15 per hour, including potential benefits and costs for workers, businesses, and local governments.

These are just a few examples of current proposals being considered by lawmakers; there may be others introduced during the legislative session as well.

10. How does discrimination based on race, gender, or age play a role in access to higher paying jobs that may not fall under minimum/living wage laws in New Mexico?


Discrimination based on race, gender, or age can play a significant role in access to higher paying jobs in New Mexico. Due to systemic inequalities and biases, certain groups may face barriers in terms of education, training, and opportunities that can limit their chances of securing well-paying jobs.

Women and minorities often face discrimination in the job market, leading to unequal pay and limited opportunities for advancement. According to data from the US Bureau of Labor Statistics (BLS), women in New Mexico earn an average of 83 cents for every dollar earned by men, with larger disparities for women of color. This wage gap not only affects their current income but also impacts their ability to save and build wealth for the future.

Similarly, racial discrimination can also lead to unequal access to higher paying jobs. Studies have shown that job applicants with stereotypically white names are more likely to receive callbacks from employers than those with stereotypically black or Latino names. This bias can significantly impact people of color’s chances of landing higher-paying jobs, regardless of their qualifications or skills.

Age-based discrimination is another factor that can disadvantage older workers in the job market. Older adults are often perceived as less desirable employees due to ageist attitudes and stereotypes. As a result, they may struggle to find employment that matches their experience and qualifications and offers competitive wages.

In addition to these forms of discrimination, there may be industries or occupations in New Mexico where minimum wage laws do not apply because they fall under exemptions or exclusions. For example, agricultural workers may be exempt from minimum wage laws, which could disproportionately affect people of color who make up a large portion of this workforce.

Overall, discrimination based on race, gender, or age continues to be a major barrier for individuals seeking higher paying jobs in New Mexico. Addressing these systemic issues is crucial for creating a more equitable job market where all workers have access to fair wages and equal opportunities regardless of their background.

11. Is additional legislation needed beyond raising the minimum/living wage to ensure fair compensation for low-wage workers in industries such as agriculture and service?


Yes, additional legislation may be needed to ensure fair compensation for low-wage workers in industries such as agriculture and service. This could include laws mandating overtime pay, protections against wage theft, and ensuring equal pay for men and women performing the same job. Additionally, stronger enforcement mechanisms may be necessary to hold employers accountable for complying with these laws. Other potential solutions could include expanding access to benefits like healthcare and paid time off, and providing support for career development and advancement opportunities. Ultimately, comprehensive policy changes that address both wages and working conditions are essential to promoting fair compensation for low-wage workers in all industries.

12. Does New Mexico’s current labor market support an increase in the minimum/living wage, or would it potentially lead to job loss?



The current labor market in New Mexico does not necessarily support an increase in the minimum/living wage. According to recent data from the Bureau of Labor Statistics, the state has one of the highest unemployment rates in the country, at 6.7% as of September 2020. Additionally, many businesses, particularly small businesses, may struggle to absorb the added costs associated with a higher minimum/living wage and may be forced to lay off workers or reduce hours if it were to increase. This could further exacerbate the high unemployment rate and potentially lead to job loss. However, supporters argue that a higher minimum/living wage would stimulate consumer spending and benefit local economies, ultimately creating more jobs and improving overall economic conditions. Therefore, there is some debate about whether an increase in the minimum/living wage would lead to job loss or not in New Mexico’s current labor market.

13. Are there any tax incentives or other measures being proposed by legislators to help businesses adjust to a higher minimum/living wage in New Mexico?


There are currently no specific tax incentives or other measures proposed by legislators in New Mexico to help businesses adjust to a higher minimum/living wage. However, the state does have various programs and tax credits available for small businesses, such as the Small Business Jobs Tax Credit and the Rural Infrastructure Tax Credit, which may provide some relief for businesses facing increased labor costs due to a higher minimum/living wage. Additionally, there may be federal tax incentives available for businesses that pay a living wage.

14. Are there any efforts being made by lawmakers to address income inequality through legislation related to minimum/living wages in New Mexico?

Yes, there have been efforts made by lawmakers to address income inequality through legislation related to minimum/living wages in New Mexico.

In 2019, the New Mexico Legislature passed and Governor Michelle Lujan Grisham signed into law a bill that gradually increases the state’s minimum wage from $7.50 to $12 per hour by 2023, with a cost-of-living adjustment beginning in 2024. This is the first increase to the state’s minimum wage since 2009.

Additionally, there has been ongoing discussion at the state level about instituting a statewide living wage, which would ensure workers are paid enough to cover basic expenses such as housing, food, and healthcare. Several proposals for a living wage bill have been introduced in recent years but have not yet been passed.

Local governments in New Mexico have also taken action on this issue. In 2018, the city of Santa Fe increased its minimum wage to $11.40 per hour and included a cost-of-living inflationary adjustment every year thereafter. Other cities such as Albuquerque and Las Cruces also have local minimum wage laws that exceed the state’s minimum.

In addition to raising minimum wages, some lawmakers have proposed other measures such as increased funding for education and workforce development programs, expanded access to affordable healthcare and childcare, and incentivizing businesses to provide higher wages and benefits.

Overall, while there have been efforts made by lawmakers to address income inequality through legislation related to minimum/living wages in New Mexico, these efforts are ongoing and more may be needed in order to make significant progress towards reducing income inequality in the state.

15. Can enforcement mechanisms be strengthened for existing state-level laws related to minimum/living wages, or is new legislation needed in New Mexico?


Enforcement mechanisms can be strengthened for existing state-level laws related to minimum/living wages, but new legislation may also be necessary in order to address any gaps or weaknesses in current laws.

Some ways to strengthen enforcement mechanisms for existing laws could include:

1. Increasing penalties for non-compliance: Currently, the penalties for violating minimum wage laws in New Mexico are relatively low, with a maximum fine of $250 per violation. This amount may not be sufficient to deter employers from violating the law. By increasing the fines and penalties for non-compliance, employers may think twice before underpaying their employees.

2. Creating a centralized enforcement agency: Currently, enforcement of wage laws in New Mexico is divided among various agencies and departments, making it difficult for workers to know where they should turn to if they believe they are being underpaid. By creating a central agency that is responsible for enforcing all wage-related laws, workers will have a clear point of contact and there will be better coordination between different agencies.

3. Conducting regular audits: In order to ensure compliance with minimum wage laws, regular audits can be conducted by the state labor department or other dedicated agency. These audits would check payroll records and interview employees to determine if they are being paid according to the law.

4. Strengthening employee protections: It is important to protect employees who come forward with complaints about wage violations. This can be achieved by providing whistleblower protections and prohibiting retaliation against employees who report violations.

In addition to strengthening enforcement mechanisms, it may also be necessary to introduce new legislation in certain areas to improve living wage standards in New Mexico. For example, currently there is no statewide paid sick leave law that requires employers to provide paid time off for illness or family emergencies. Introducing such a law would help ensure that workers can take care of their health without losing income.

In conclusion, while existing state-level minimum/living wage laws can be strengthened through various measures, new legislation may also be necessary to fill any gaps and improve protections for workers in New Mexico.

16. Are there any exceptions to the minimum/living wage laws in New Mexico for different types of employees, such as tipped workers, minors, or disabled individuals?


Yes, the minimum/living wage laws in New Mexico have some exceptions for certain types of employees. These exceptions include:

1. Tipped workers: Under federal law, the minimum wage for tipped workers is $2.13 per hour, as long as their tips bring their total compensation up to the minimum wage of $7.50 per hour (as of January 2021). In New Mexico, the state minimum wage for tipped workers is $2.35 per hour, but if their tips do not bring their total compensation up to $7.50 per hour, then the employer is responsible for paying the difference.

2. Minors: The federal and state laws allow employers to pay a lower minimum wage ($4.25 per hour) to workers under the age of 20 during their first 90 consecutive days of employment.

3. Disabled individuals: Employers may apply for a special wage rate certificate from the New Mexico Department of Workforce Solutions that allows them to pay a sub-minimum wage to workers with disabilities if they are unable to perform certain job tasks at full productivity.

4. Commission-based employees: If an employee’s total earnings through base wages and commissions do not meet or exceed the applicable minimum wage rate, then their employer must make up the difference.

5. Independent contractors: Independent contractors are generally exempt from minimum wage and overtime laws in New Mexico.

6. Agricultural workers: Some agricultural workers may be exempt from receiving the state or federal minimum wage based on factors such as size of employer or type of crop being harvested.

7. Domestic service employees: Live-in domestic employees (such as nannies or housekeepers) may be exempt from receiving minimum wages under certain circumstances.

It is important for employers and employees to understand these exceptions and ensure they are compliant with both federal and state laws regarding minimum and living wages in New Mexico.

17. How does the minimum/living wage in New Mexico compare to neighboring states or regions with similar economic conditions?

The minimum/living wage in New Mexico is lower than the neighboring states of Arizona, Colorado, Oklahoma, and Texas. However, it is comparable to other states in the region with similar economic conditions, such as Arkansas and Louisiana.

According to data from the National Conference of State Legislatures, as of January 2022, New Mexico has a minimum wage of $11.50 per hour (set to increase to $12 per hour on July 1st). This is higher than the federal minimum wage of $7.25 per hour.

In comparison, neighboring Arizona has a minimum wage of $12.15 per hour (set to increase to $12.80 on January 1st) and Colorado has a minimum wage of $12.32 per hour (set to increase to $15 by 2022). Oklahoma and Texas have both adopted the federal minimum wage of $7.25 per hour.

Similarly, Arkansas and Louisiana have both adopted the federal minimum wage but have plans to gradually increase it over time. Arkansas will reach a minimum wage of $11 an hour by 2023 and Louisiana will reach a minimum wage of $10.55 an hour by 2025.

In terms of living wages (the amount needed for basic necessities), according to MIT’s Living Wage Calculator, as of December 2021, the living wage for one adult in New Mexico is estimated at $13.28 per hour. This is slightly higher than neighboring Oklahoma and Texas but lower than Arizona ($14.91), Colorado ($14.83), Arkansas ($13.44), and Louisiana ($13.20).

Overall, while New Mexico’s minimum/living wage may be lower than some neighboring states or regions with similar economic conditions, it is higher than the federal minimum wage and work is being done to gradually increase it in the future.

18. What impact could a higher minimum/living wage have on businesses in industries heavily reliant on low-wage workers, such as fast food and retail, in New Mexico?


A higher minimum/living wage could have a significant impact on businesses in industries heavily reliant on low-wage workers in New Mexico. These industries, such as fast food and retail, often operate with small profit margins and rely on the ability to pay employees lower wages to keep costs down.

With a higher minimum/living wage, these businesses may struggle to absorb the increased labor costs, leading to potential consequences such as:

1. Increase in prices: In order to offset the increase in labor costs, businesses may be forced to raise prices for their products or services. This could make them less competitive compared to businesses in neighboring states with lower minimum wages.

2. Reduction of staff: To avoid cutting into their profits, businesses may be forced to reduce their workforce by laying off employees or cutting hours for existing employees. This can result in decreased productivity and quality of service.

3. Automation: Higher labor costs may also incentivize businesses to invest in automation technology, replacing human workers with machines that can perform tasks at a lower cost over time. This could lead to job losses and potentially harm the local economy.

4. Business closures: In some cases, small businesses may not have enough revenue to cover the increased labor costs and are forced to shut down operations altogether. This could result in job losses and reduced availability of certain products or services within the community.

On the other hand, there can also be potential positive effects of a higher minimum/living wage on these industries. It could lead to increased employee morale and motivation, resulting in better customer service and loyalty. It could also attract more qualified workers and improve retention rates, reducing hiring and training costs for businesses.

Overall, the impact of a higher minimum/living wage on industries heavily reliant on low-wage workers in New Mexico is dependent on various factors such as the specific wage increase amount and how quickly it is implemented. Small incremental increases over time may give businesses enough time to adjust and mitigate any potential negative effects. However, a sudden and significant increase could have more immediate and severe consequences for these industries.

19. Do advocates believe that a statewide minimum/living wage is enough to help families achieve financial stability in high-cost areas of New Mexico like major cities?


Advocates may have different opinions on this issue, but many would argue that a statewide minimum or living wage is not enough to help families achieve financial stability in high-cost areas like major cities in New Mexico. This is because the cost of living, including housing, transportation, and childcare, tends to be much higher in urban areas compared to rural areas.

In addition, a statewide minimum wage may not adequately reflect the varying economic conditions and needs of different regions within the state. For example, while a certain minimum wage may be sufficient for someone living in a small town with a lower cost of living, it may not be enough for someone living in a major city where housing costs are significantly higher.

Advocates may instead push for local governments to implement their own minimum or living wages that take into account the specific economic conditions and needs of their communities. They may also advocate for other policies and programs such as affordable housing initiatives, access to quality education and job training opportunities, and increased access to healthcare services, all of which can contribute to greater financial stability for families in high-cost areas.

20. Has New Mexico faced any challenges or opposition from business groups or other stakeholders when it comes to implementing and enforcing minimum/living wage laws?


Yes, there have been challenges and opposition from business groups and other stakeholders in New Mexico when it comes to minimum wage laws. Some business owners have expressed concerns about the potential impact on their profits and ability to stay competitive with neighboring states. There have also been disagreements over the size and frequency of wage increases, as well as exemptions for certain industries or types of employees.

In December 2020, the New Mexico Association of Commerce and Industry (ACI) filed a lawsuit challenging the state’s recently approved minimum wage increase to $12 per hour. The lawsuit claims that the law unfairly discriminates against small businesses by not including an exemption for them like larger businesses are granted.

Other opponents argue that increasing the minimum wage will lead to job losses and harm small businesses. They also argue that it could lead to higher prices for consumers and make it harder for businesses to attract customers. However, supporters of the increase argue that a higher minimum wage can boost consumer spending and help lift families out of poverty.

There have also been concerns raised about enforcement of minimum wage laws in New Mexico. In 2019, a report from Oxfam America listed New Mexico as one of five states with the weakest laws governing employer compliance with minimum wage regulations.

Overall, while there has been opposition and challenges to implementing minimum/living wage laws in New Mexico, proponents continue to advocate for fair wages for workers and strive to find solutions that benefit both employees and business owners.