New Mexico — Hiring & Onboarding

New Mexico employers must complete Form I-9, Employment Eligibility Verification, for every individual hired for employment in the United States. The employee completes Section 1 no later than the first day of employment; the employer examines acceptable documents and completes Section 2 within three business days of the employee's start date. Employers must retain each Form I-9 for three years after the date of hire or one year after employment ends, whichever is later. New Mexico has no state-specific I-9 requirements and does not mandate E-Verify use (except where required by federal contract).

Source: USCIS Form I-9 Central

New Mexico prohibits private employers from inquiring about an applicant's arrest or conviction history on an initial employment application—written or electronic. This "ban-the-box" restriction took effect June 14, 2019. The underlying statute, NMSA § 28-2-3.1, did not specify a unique effective date, so the general rule of the New Mexico Constitution, art. IV, § 23 (that laws become effective 90 days after legislative adjournment) controls. The legislative session in 2019 adjourned on March 16, 2019, making the effective date June 14, 2019.

Scope and timing

The prohibition applies to initial employment applications only. After reviewing the employment application, an employer may take an applicant's conviction into consideration upon discussion of employment—in practice, during interviews or the later stages of the hiring process. The statute does not prevent background checks; it only shifts the timing of criminal-history inquiries to a later point in the hiring process, after the application stage.

What employers may and may not do

Employers may not include questions about criminal history (arrests or convictions) on initial job application forms. Employers may, however:

• Notify the public or applicants—for example, in a job posting or during an interview—that the law or the employer's policy could disqualify applicants with certain criminal histories from employment in particular positions.
• Conduct criminal background checks after the initial application review and during discussion of employment.
• Consider conviction information when making hiring decisions, provided the inquiry occurs after the application stage.

Sealed and expunged records

New Mexico law separately prohibits employers from asking applicants for information about criminal records that have been sealed or expunged under the state's Criminal Record Expungement Act, enacted in 2019 alongside the ban-the-box amendment.

No employer-size threshold; remedies under the Human Rights Act

Unlike some state ban-the-box laws, NMSA § 28-2-3.1 does not contain an express employer-size threshold in the plain text of the private-employer provision. Applicants who believe an employer has violated the ban-the-box requirement may seek relief under the New Mexico Human Rights Act (NMSA § 28-1-1 et seq.).

Relationship to public employers

New Mexico's ban-the-box law for public employers (state and local government) has been in place since 2010 under NMSA § 28-2-3. That provision goes further: public employers may not ask about criminal history on an initial application and may only consider a conviction "after the applicant has been selected as a finalist for the position," and even then a conviction may not automatically disqualify someone from public employment. The 2019 amendment extended ban-the-box protections to private-sector applicants, though with a less stringent timing requirement (discussion of employment rather than finalist status).

Exceptions

The Criminal Offender Employment Act expressly exempts law enforcement agencies from its ban-the-box restrictions (NMSA § 28-2-5). Positions that are subject to other state or federal laws requiring criminal-history inquiries—such as certain health-care, childcare, or positions working with vulnerable populations—may have different obligations, though employers should carefully review those mandates to determine whether they override the timing requirements of § 28-2-3.1 or simply permit later inquiries.

Source: NMSA § 28-2-3.1, 2019 HB124 Source: N.M. Const. art. IV, § 23

Who must report: Every employer in New Mexico with employees is required to report the hiring or rehiring of an employee. "Employer" is defined under NMSA § 50-13-2(A) as "a person or entity doing business in the state or transacting business in the state who hires an individual to perform services for compensation in this state." There is no minimum size threshold—any employer with at least one employee must report.

Who is a rehire: A "rehire" is any employee separated from the employer for at least sixty (60) consecutive days who is then re-employed. This definition is explicit in NMSA § 50-13-2(E).

What must be reported: Employers must report the following items for each new hire or rehire:

• The name, address, and social security number of the employee.
• The date services for remuneration were first performed by the employee ("date of hire").
• The employer’s name, address, and federal employer identification number (FEIN).

To which agency and how: Reports are filed with the New Mexico New Hires Directory, operated by the Department of Workforce Solutions (DWS). Employers may report electronically or by submitting a paper form via mail or fax. The statute allows and encourages electronic reporting for employers who hire a large number of employees.

When to report: A report must be submitted within twenty (20) days after the employee's date of hire (first day of paid services). Employers filing electronically may submit reports in two monthly transmissions if the submissions are not less than twelve (12) days and not more than sixteen (16) days apart, per NMSA § 50-13-3(D).

Penalties: An employer who fails to timely report a new hire may be fined up to $25 per unreported employee. If it is found that the failure occurred as part of a conspiracy between employer and employee not to make the required report, the penalty increases to $500 per violation.

Source: NMSA § 50-13-2 to § 50-13-3

New Mexico follows the common-law at-will employment rule: unless an employment contract specifies otherwise, either the employer or the employee may terminate the relationship at any time, with or without cause. The New Mexico Supreme Court confirmed this rule in Hartbarger v. Frank Paxton Co., 115 N.M. 665, 857 P.2d 776 (1993), stating that employment for an indefinite period is presumed to be at-will and terminable by either party.

Two major exceptions to this at-will presumption exist under New Mexico law: (1) where a discharge would violate a clear mandate of public policy (such as retaliation for whistleblowing); and (2) where there is an implied contract, often created by sufficiently explicit employer representations that reasonably lead an employee to expect continued employment absent just cause for discharge. If an employer issues a handbook or policies with clear language limiting termination to "for cause" and does not include an explicit disclaimer of contract, courts may find an implied contract exists, undermining at-will status.

However, neither New Mexico statute nor regulation requires employers to notify new hires in writing or orally of their at-will status, nor is there a posting or onboarding disclosure mandate related to the ability to terminate employment at-will. The law also does not require an employer to provide a reason for discharge at separation. As a point of clarification, NMAC 11.3.300.317 addresses wages in lieu of notice for unemployment insurance purposes and imposes no onboarding or at-will employment notice requirement.

Summary:

• New Mexico is an at-will employment state by judicial rule.
• The presumption of at-will employment can only be altered by contract (express or implied) or by violating public policy.
• No law requires employers to provide notice or any specific disclosure of at-will status to new hires.

Source: Hartbarger v. Frank Paxton Co., 115 N.M. 665, 857 P.2d 776 (1993) Source: NMAC 11.3.300.317

New Mexico employers must display both federal and state workplace posters informing employees and applicants of their rights. Recent changes in both state and federal posting requirements are material as of 2024–2026.

1. Workers’ Compensation Poster (Mandatory Redesign by Dec. 31, 2025) New Mexico employers are required to display the redesigned Workers’ Compensation poster (bilingual) and Notice of Accident (NOA) forms in a conspicuous location. The new poster must be in place by December 31, 2025. Both the poster and NOA forms must be displayed together; improper posting may result in the accident notice period being extended or fines imposed. Source: 11.4.2.10 NMAC Source: NM WCA Employer Guidebook

2. Human Rights Act Poster (Expanded Protected Classes, 2023) Employers with four or more employees must post the latest Human Rights Act anti-discrimination poster. As of July 1, 2023, the poster adds “gender” as a protected category. Source: NM DWS Human Rights

3. Minimum Wage & Wage Pay Act Poster Display of the state minimum wage and overtime poster at each worksite remains required, reflecting any annual minimum wage adjustment. Source: NM DWS Minimum Wage

4. Healthy Workplaces (Paid Sick Leave) Poster All employers must post the required paid sick leave notice in English and Spanish, and upon request in any language spoken by at least 10% of the workplace. Source: NM DWS Paid Sick Leave

5. Job Health and Safety (NM OSHA) Poster Employers must display the state Job Health and Safety Protection poster (updated as of 2026) at each workplace. Source: NM DWS State & Federal Posters

6. Required Posting for Applicants All required state posters must be posted not only for current employees, but also in locations that applicants can view—such as lift lobbies, interview sites, or electronically if hiring is remote. Source: NM DWS Business Notices

7. Federal Poster Changes for 2026 Federal “Job Safety and Health Protection,” and “Employee Rights under USERRA” posters were updated, and two new federal postings—“E-Verify Participation” and “Right to Work”—are also now included in New Mexico’s recommended consolidated poster. Employers should ensure they use current versions. Source: NM DWS State & Federal Posters

8. Consolidated "Seven-in-One" Poster Employers may use the DWS's free consolidated poster but must verify it includes all current required postings and that individual poster law changes (such as the 2025 workers’ comp and 2023 HRA amendments) are reflected. Source: NM DWS Seven-in-One Poster

9. Electronic Provision for Remote Workers Where staff are fully remote, New Mexico permits electronic provision of required posters if they are readily accessible. Source: NM DWS FAQ for Remote Employers

Summary of Changes: Multiple poster requirements—especially workers’ compensation (bilingual redesign), human rights (gender), and state/federal safety postings—have changed effective July 2023–January 2026. Review poster inventory annually.