Our employee handbook states you should take a minimum of a 30 minute lunch. I have an employee who will take anywhere from 20 minute lunch to an hour, or no lunch at all. I couldn't find a law regulating a mandatory lunch period for NM, but was wondering if there is some way my company can get penalized by the DOL for the employee's actions? If she is off the clock for less than 30 minutes, don't we have to pay her for the entire time?

You are right that New Mexico does not require that employers provide a meal or rest periods. However, federal law says that if a break is given, an employee must be paid for the time off if the period is 20 minutes or less. (The number of minutes is somewhat vague as it will depend on the situation. However, in most cases, 20 minutes is the standard.)

It is clear that if a person is out for 30 minutes or more, it can be unpaid time off.