Holiday Pay Laws in New Mexico
New Mexico (NM) · Holiday pay · Last reviewed July 2026
Paid holidays
Not required
Premium pay
Not required
Set by
Employer policy
Are Employers Required to Pay for Holidays?
Neither federal law nor New Mexico requires private employers to offer paid holidays or to pay extra for working on a holiday. Holiday pay is a benefit you choose to offer, not a legal mandate.
The exception is when a contract, collective bargaining agreement, or your own written policy promises it — at that point it becomes enforceable.
How Most Employers Handle It
Common practice is a set list of paid holidays (often 6–11 days a year), and in some industries, premium pay for employees who work them. Whatever you decide, put it in writing so expectations are clear and consistent.
Tracking Holidays
A time clock with a holiday calendar lets you mark paid holidays and keep them cleanly separated from worked hours when you run payroll.
New Mexico Labor-Law Snapshot
New Mexico does not require private employers to pay a holiday premium, so holiday pay is set by policy. For context, the New Mexico minimum wage is $12.00/hour (about $4.75 above the federal $7.25) and overtime runs about $18.00/hour.
For New Mexico employers these rules interact with timekeeping: accurate, audit-logged hours drive overtime, sick-leave accrual, final pay, and break records. New Mexico sets no statewide meal-break requirement and does not mandate paid rest breaks; a final paycheck is due by the next regular payday when an employee resigns. Confirm current New Mexico figures with the state labor office before relying on any single number.
Official Sources
More New Mexico Guides
Holiday Pay in Other States
New Mexico Holiday Pay: Frequently Asked Questions
Does New Mexico require holiday pay?
No — New Mexico does not require private employers to provide paid holidays or premium pay for working a holiday. It's set by your policy unless a contract says otherwise.
Do you get time and a half on holidays in New Mexico?
Not by law. Holiday premium pay is a voluntary benefit in New Mexico unless an employer policy or contract promises it.
Track New Mexico Hours the Easy Way
Kloqk is a free time clock that handles overtime, breaks, and payroll-ready reports.
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