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ARTICLE · 16 APRIL 2019

New Mexico Increases Minimum Wage And Creates Uncertainty In Tip Pooling

Effective January 1, 2020, SB 437 also changes tip pool standards.

United StatesEmployment and HR

On April 1, 2019, New Mexico Governor Lujan Grisham (D) signed Senate Bill (SB) 437, which amends the New Mexico Minimum Wage Act (MWA) by increasing the state minimum wage, increasing the minimum cash wage for tipped employees, and revising tip pool standards.

Currently, New Mexico's minimum wage is $7.50 per hour for covered non-exempt employees. SB 437 requires the rate to increase as follows on January 1: $9.00 (2020); $10.50 (2021); $11.50 (2022); $12.00 (2023).

SB 437 also increases the minimum cash wage (MCW) that must be paid to employees who customarily and regularly receive more than $30.00 a month in tips. The MCW increases from the current rate of $2.13 per hour – the same rate under the federal Fair Labor Standards Act (FLSA) – to: $2.35 (2020); $2.55 (2021); $2.80 (2022); $3.00 (2023). For employers with operations covered by local minimum wage ordinances in Bernalillo County and the City of Santa Fe – where the MCW is $2.13 per hour – the state rate

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