Updated July 14, 2023
A New Mexico employment contract agreement is an instrument put into effect by an employer upon the hiring of a new employee. In the contract, an employer is able to outline how the position shall be managed during the individual’s term of employment. The employer should establish the individual’s salary and, if applicable, any commissions, bonuses, and benefits afforded for the services they provide. Employers may also create non-compete or non-disclosure provisions which hold the employee accountable if they divulge company information or wrongfully transact business with other parties.
By Type (4)
Employee Non-Disclosure Agreement (NDA) – An employee who signs an NDA is prohibited from releasing company secrets and other confidential information to the public or third parties.
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Employee Non-Compete Agreement – Signed by an employee as a means to prevent them from using the employer’s proprietary information to compete against them while under contract.
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Independent Contractor Agreement – Outlines a hiring party’s terms and conditions when seeking the services of an independent contractor.
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Subcontractor Agreement – Determines the arrangement between a contractor and a subcontractor (i.e., wage, duties, schedule, etc.).
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Table of Contents |
What is an Employee?
“Employee” Definition – § 7-3-2(B)
“. . . means either an individual domiciled within the state who performs services either within or without the state for an employer or, to the extent permitted by law, an individual domiciled outside of the state who performs services within the state for an employer;”
At-Will Employment
At-Will Employment – Allowed with the exception of “Public Policy” and “Implied Contract” understandings.
Income Tax Rate (Individual)
Individual Income Tax Rate – 1.7% to 4.9% (§ 7-2-7(C))
Minimum Wage ($/hr)
Minimum Wage – $9.00 (§ 50-4-22)
Minimum Wage in Local Municipalities:
- Albuquerque – $8.95
- Bernalillo County – $9.35
- Santa Fe – $14.03
- Santa Fe County – $12.95
- Las Cruces – $12.00