New Mexico § 50-4-2 - Semimonthly and monthly pay days

§ 50-4-2. Semimonthly and monthly pay days

A. An employer in this state shall designate regular pay days, not more than sixteen

days apart, as days fixed for the payment of wages to all employees paid in this state. The employer shall pay for services rendered from the first to the fifteenth days,

inclusive, of any calendar month by the twenty-fifth day of the month during which

services are rendered, and for all services rendered from the sixteenth to the last

day of the month, inclusive, of any calendar month by the tenth day of the succeeding

month. Where computation of earnings and of amounts due, preparation of payrolls and issuance

of paychecks are at a central location outside New Mexico, the employer shall pay

for services rendered from the first to the fifteenth days, inclusive, of any calendar

month by the last of the month during which services are rendered, and for all services

rendered from the sixteenth to the last day of the month, inclusive, of any calendar

month by the fifteenth day of the succeeding month. B. Except as provided by rules of the department of finance and administration for

payment of salaries and wages to state employees, other than employees of institutions

of higher education, promulgated pursuant to Section 10-7-2 NMSA 1978 , an employer shall pay wages in full, less lawful deductions and less payroll deductions

authorized by the employer and employee. Wages shall be paid in lawful money of the United States or in checks, payroll vouchers

or drafts on banks, convertible into cash on demand at full face value or, with the

voluntary authorization of the employer, employee and financial institution, by deposit

to the account of the employee in any bank, savings and loan association, credit union

or other financial institution authorized by the United States or one of the several

states to receive deposits in the United States, without any reduction or deduction,

except as may be specifically stated in a written contract of hiring entered into

at the time of hiring. An employer shall provide an employee with a written receipt that identifies the

employer and sets forth the employee's gross pay, the number of hours worked by the

employee, the total wages and benefits earned by the employee and an itemized listing

of all deductions withheld from the employee's gross pay. Nothing contained in Sections 50-4-1 through 50-4-12 NMSA 1978 shall in any way limit or prohibit the payment of wages or compensation at more frequent

intervals than those set forth in this section. Where the labor or service to be rendered to an employer is recompensed on a task,

piece or commission basis or other method of calculating the amount of wages to be

paid, other than a definite and fixed amount in cash, the employer and the employee

may agree in writing at the time of hiring that the wages shall be paid on a monthly

basis, on or before the tenth day of the succeeding calendar month. C. Notwithstanding the provisions of Subsection A of this section, an employer may

pay professional, administrative or executive employees or employees employed in the

capacity of outside salesman, as those terms are defined under the federal Fair Labor

Standards Act 1 , one time per month, excluding those employees whose wages are subject to provisions

of collective bargaining agreements. 1

29 U.S.C.A. § 201 et seq.