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Paid After Payday. New Mexico New Mexico

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  • Paid After Payday. New Mexico New Mexico

    We get paid twice a month on the 5th and 20th. If payday falls on a Sunday does the labor law require you to be paid on the business day prior to that date or can they legally pay us on Monday. I thought they were meant to pay wages either on the date of the payday or the first business day prior, never after. Is this correct?

  • #2
    In an admittedly quick look I was unable to find any law in your state that mandated how an employer manage payroll when payday falls on a Sunday or holiday. There are states that require that, when that happens, you be paid on the day before rather than the day after but I cannot see, at least initially, that your state is one of them. Maybe Betty or hrforme will know more.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      I can't find anything either regarding that for New Mexico.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        The only stipulation I know of in New Mexico is that pay days cannot be more than 16 days apart, except for professional, administrative or executive employees or employees employed in the capacity of outside salesman.

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        • #5
          I found that info also but it didn't *exactly* answer the OP's *actual* question so I didn't post it.

          NM- 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. .......

          It doesn't come right out & answer exactly what the OP asked. (that actual question)
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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          • #6
            But it does point out to the OP that the employer can pay on a Monday if the original payday falls on a Sunday and still be within the state law.

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            • #7
              But it also notes regular *fixed* paydays - it's just saying paydays can't be *designated* more than 16 days apart. I'm still not sure of answer though "may" be ok. I not comfortable saying they definitely can.

              OP could ask NM "DOL".
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                For this sort of thing, it's generally a case of, if the state law does not directly address it, then it's up to the employer.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  I agree with that - it doesn't say they can't & "probably" ok. Some states come right out & say how that is handled. Sometimes though it can be "indirectly" in the payment law & then you're not sure.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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