New Mexico does not legally define part-time work. Employers operating in New Mexico must operate under the Fair Labor Standards Act (FLSA), however the FLSA does not define part-time work either.
The New Mexico wage and hour laws only require that employers pay employees timely and at least the minimum wage. Employers must compensate employees one-and-one-half times the hourly rate for all hours worked above 40 in a seven-day pay period. However, there is no difference between part-time and full-time employment status.
Employers operating in New Mexico must abide by the Fair Labor Standards Act enforced by the U.S. Department of Labor. Similar to New Mexico state law, the Fair Labor Standards Act does not differentiate between full-time and part-time employment status.
New Mexico employers may decide to provide certain benefits to employees considered to be full-time or part-time. It is at the employers' discretion to set the number of hours designating an employee as full-time. However, if the employer decides to provide certain benefits to full-time employees and not to part-time employees, the employer is then contractually bound to provide such benefits to the employees that work the specified number of hours.