New Mexico break, overtime and sick leave rules

Meal and rest breaks, overtime and paid sick leave in New Mexico, in plain words. Last reviewed October 31, 2026. Not legal advice.

The rules in New Mexico#

Meal breaks: No general meal break rule for adults.
Rest breaks: No general paid rest break rule for adults.
Overtime: 1.5 times the regular rate after 40 hours in a workweek. No daily overtime, double time or seventh‑day rule.
Paid sick leave: Yes (Healthy Workplaces Act). Employees accrue at least 1 hour per 30 hours worked. Employers may cap use at 64 hours per 12‑month period and must allow carryover of at least 64 hours; accrual itself may not be capped.

Oh! Thyme runs a company in New Mexico on the federal rules. On every shift it checks:

Overtime after 40 hours in a workweek, worked out week by week
Every punch and break, to the minute
Sick leave balances build from approved hours at the rate set for each person, such as 1 hour per 30 worked, stop at their cap, and come down when time off is approved.