Employment Laws: What are the Employment Laws in New Mexico
If you are an employee in the state of New Mexico, there is good news for you. Both state and federal laws protect your rights at workplace including rights such as working in a discrimination-free environment, right to avail overtime pay and the minimum wage, as well as, right to take leaves. The article discusses some of the major employment laws in New Mexico.
Leave laws in New Mexico
Several employers provide paid leave benefit to their employees including PTO (paid time off) benefits, holidays, sick days, and vacation time. Such facilities are at the discretion of employers in New Mexico. Neither federal nor New Mexico law needs an employer to provide paid leave.
At the same time, employers may have to provide unpaid leave for the following reasons:
- Medical and family leave: The federal FMLA (Family and Medical Leave Act) needs any employer with a minimum of 50 employees to provide a maximum of twelve weeks of unpaid days off every year to their eligible employees for caregiving and illness.
- Military leave: The USERRA (Uniformed Services Employment and Reemployment Rights Act by federal law, as well as, New Mexico law need employers to permit their employees to take leave for state or federal military duty or service.
- Voting: Employees in New Mexico are eligible for taking a maximum of two hours off their work to cast their vote with pay.
- Jury duty: Employers in New Mexico should also enable their employees to take time off from their work for jury service.
- Domestic violence leaves: Employers in New Mexico should permit their employees to avail two weeks of unpaid leave every year for handling legal issues about domestic violence.
New Mexico Discrimination and Harassment Laws
The law restricts an employer from making any decisions on employment based on factors that are mentioned below:
- Sex including pregnancy
- National origin
- Generic information or
All employers in the state with a minimum of 15 employees have to follow these laws. As far as age discrimination is concerned, employers with a minimum of 20 workers should comply with is employment law.
Also, employers should not distinguish at any step in the employment process ranging from hiring decisions to interviews, job listings, benefits, promotions, discipline, compensation, termination, and layoffs.
The state of New Mexico also restricts distinction by the following traits. Any employer who has a minimum of 4 employees should comply with a majority of these employment laws.
For discrimination about sexual orientation and gender identity, employers with a minimum of 15 workers are covered. On the other hand, for discrimination on marital status, an employer should have a minimum of 50 employees.
Also, harassment at a workplace in New Mexico is restricted under the same employment laws. Legally speaking, harassment refers to undesirable actions or comments by the protected trait of the target, which triggers into the creation of an offensive and unfriendly working environment wherein the victim have to bear such acts silently to keep the job.
Although sexual harassment is supposed to be the most widely prevalent form of harassment at a workplace, harassment can also be by protected traits such as disability or age.
In case any employee complains about discrimination or harassment at a workplace, he/she is protected from any kind of retaliatory action. Their employer may not fire, take any kind of negative step, or disciple simply because the employee had complained to the HR department, filed a lawsuit or reported the matter to any government agency.