New Mexico
New Mexico Minimum Wage 2026: $12.00 Statewide, Santa Fe $15.40
Independently fact-checked against primary sources (last audited September 29, 2026). · 11 primary sources cited on this page. How we verify our legal content
New Mexico's statewide minimum wage is $12.00 per hour, in effect since January 1, 2023 under NMSA 50-4-22(A)(5). No later state step was found, and the statute has no inflation indexing. Several local governments pay more, most notably the City of Santa Fe, where the rate is $15.40 per hour since March 1, 2026 and is scheduled to rise to $17.50 on January 1, 2027. Albuquerque enacted an ordinance in June 2026 that raises its city minimum wage to $13.00 on January 1, 2027, above the state rate.
Information last verified on September 29, 2026. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This page covers the New Mexico Minimum Wage Act (NMSA 50-4-22), local minimum wage ordinances listed below and the federal Fair Labor Standards Act (FLSA) overlay. It does not cover overtime detail or any other state.
What is the minimum wage in New Mexico in 2026?
The New Mexico minimum wage is $12.00 per hour. NMSA 50-4-22(A)(5) provides that on and after January 1, 2023 wages must be at least twelve dollars ($12.00) an hour. The statute ends its schedule at that figure and has no later step or inflation adjustment, so the rate is the same in 2026 as it was in 2023.
Will New Mexico's minimum wage go up in 2027?
No state increase was found for 2027. Two 2025 bills, HB 246 (Increase Minimum Wage) and HB 522 (Wage Increases for Certain Employees), each ended in Action Postponed Indefinitely on the New Mexico Legislature's site, so neither is law. The Secretary of State's published list of November 3, 2026 constitutional amendments and bond questions shows no minimum wage item. This check covered the 2025 bills and the November 2026 ballot list; it did not enumerate every 2026-session bill.
The 2027 changes on the calendar are local: Albuquerque rises to $13.00 and Santa Fe to $17.50 on January 1, 2027, as described below.
New Mexico cities and counties with higher minimum wages
Some New Mexico local governments have enacted their own minimum wages. This page verified the following localities. It did not check every city and county in the state.
| Locality | Current rate | Effective | Next step |
|---|---|---|---|
| City of Santa Fe | $15.40 (tipped base $3.00 for employees who customarily earn $100 or more a month in tips or commission; tips plus base must reach $15.40) | March 1, 2026 | $17.50 on January 1, 2027, scheduled by the city; from March 1, 2028, a formula of 50 percent CPI and 50 percent HUD Fair Market Rent |
| Santa Fe County (unincorporated, outside Santa Fe, Espanola and Edgewood) | $15.40 regular, $4.62 tipped | March 1, 2026 | Not stated on the county page |
| Albuquerque | $12.00 (state rate prevails; city's calculated 2026 rate is $11.85); tipped cash wage $7.20 | January 1, 2026 | $13.00 on January 1, 2027, $14.00 in 2028, $15.00 in 2029 ($1.00 less where the employer pays at least $2,500 a year in health or child care benefits), under Ordinance O-26-33 enacted June 2026; tipped cash wage 55.5 percent of the city rate from 2027 |
| Bernalillo County (unincorporated) | $10.95, so state $12.00 prevails | 2026 | Not stated |
The Santa Fe figures come from the City of Santa Fe's living wage page, which shows $17.50 as a one-time legislative jump on January 1, 2027. Santa Fe County's rate applies to county-licensed businesses, county contractors and project participants listed on its page, not to every employer in the county. Albuquerque's page and Bernalillo County's posting page each say that the state rate prevails when it is higher than their own. Albuquerque's page gives the city's calculated 2026 rate as $11.85 and says the state's $12.00 prevails.
That changes in 2027. Albuquerque City Council Ordinance O-26-33, signed by the Mayor on June 12, 2026 and published June 16, 2026 (enactment O-2026-018), sets the Albuquerque minimum wage at $13.00 beginning January 1, 2027, $14.00 beginning January 1, 2028 and $15.00 beginning January 1, 2029. For an employee whose employer pays at least $2,500 a year toward health care or child care benefits, the rate is $1.00 less than the otherwise applicable city rate. From January 1, 2030, the rate is adjusted each year for the cost of living. The ordinance covers employers required to hold a City of Albuquerque business license or registration, for work within city limits.
Las Cruces has its own ordinance: from January 1, 2026, employers within city limits must pay at least $13.01 an hour, and at least $5.20 an hour to tipped employees, according to the city's official notice (Las Cruces Municipal Code 14-62). Other cities not listed here may have their own rate. Ask your city or the state whether a local minimum wage applies where you work.
Tipped workers in New Mexico
Under NMSA 50-4-22(C), an employer may pay a tipped employee a lower cash wage if the employee customarily and regularly receives more than $30 a month in tips, and the tips plus the cash wage cannot equal less than the minimum wage. The cash wage is $3.00 per hour, which implies a maximum tip credit of $9.00 against the $12.00 rate. The employee keeps the tips, except that pooling among wait staff is allowed.
Some local tipped rates are higher. Albuquerque's tipped minimum cash wage is $7.20 in 2026, according to the city. Under Ordinance O-26-33, it becomes 55.5 percent of the Albuquerque minimum wage on January 1, 2027, 52 percent on January 1, 2028 and 50 percent from January 1, 2029, and an Albuquerque employer may credit tips only if it informs the tipped employee in advance in writing. Santa Fe County lists a tipped rate of $4.62, and the City of Santa Fe allows a $3.00 base wage for employees who customarily earn $100 or more a month in tips or commission. Check the local rules if you work in any of these places.
Youth, disability and training rates
New Mexico has no separate youth or student minimum wage. A lower rate for secondary school students, added in 2019, was removed by Laws 2021, SB 35, which is titled in part "removing the exception to the minimum wage requirement for secondary school students."
The Act's definition of employee (NMSA 50-4-21(C), as amended by Laws 2021, SB 35) excludes, among others, bona fide executive, administrative and professional employees and supervisors; salespersons and workers paid by piecework, flat rate schedules or commission; registered apprentices and learners otherwise provided by law; certificated seasonal workers at educational, charitable or religious youth camps or retreats; and several categories of agricultural workers. The disability special-certificate provision (NMSA 50-4-23) was not verified for this page. Ask the state Department of Workforce Solutions if you think an exclusion or special rate applies to you.
How New Mexico and federal minimum wage law fit together
The federal minimum wage is $7.25 per hour (29 U.S.C. 206(a)(1)(C)). Under 29 U.S.C. 218(a), the FLSA does not excuse noncompliance with a state law or municipal ordinance that sets a higher minimum wage, and DOL states that the employee gets the higher rate when both apply. The New Mexico rate of $12.00 is above $7.25. For neighboring states, see the Texas and Oklahoma minimum wage pages. For federal coverage, subminimum certificates and pending federal bills, see the federal minimum wage page.
What to do if you are paid less than the minimum wage
The New Mexico Department of Workforce Solutions website blocked our automated checks when this page was verified, so this page does not describe the state's complaint process. Check the agency directly for how to file and any deadline.
Under NMSA 50-4-26(C), an employer that violates 50-4-22 owes the unpaid wages plus interest and an additional amount equal to twice the unpaid wages. One or more employees may sue for themselves and similarly situated coworkers, and if the employees win, the court must also award costs and reasonable attorney fees; the employee does not pay a filing fee (50-4-26(D), (E)). Retaliation for asserting minimum wage rights is prohibited (50-4-26.1). The Labor Relations Division of the Department of Workforce Solutions enforces the Act (50-4-26(B)). A civil action under the Act must be commenced within three years after a violation last occurs, and the period is paused while the Labor Relations Division investigates the employer (NMSA 37-1-5). A lawsuit may cover all violations that were part of a continuing course of conduct, whenever they occurred (NMSA 50-4-32).
The federal remedy is available where the FLSA applies. Under 29 U.S.C. 216(b), an employer that violates the minimum wage requirement is liable for the unpaid wages plus an equal amount as liquidated damages, and a court must allow a reasonable attorney's fee and costs. It is unlawful to retaliate against an employee for filing a complaint (29 U.S.C. 215(a)(3)). An action must be brought within two years, or three for a willful violation (29 U.S.C. 255(a)).
For related topics, see New Mexico final paycheck laws, New Mexico at-will employment laws and unpaid wages. To estimate overtime, use the overtime calculator.
Disclaimer: This page is general legal information, not legal advice. It covers the New Mexico Minimum Wage Act, the local ordinances named above and the federal Fair Labor Standards Act as verified on September 29, 2026. For a specific pay situation, consult a lawyer licensed in New Mexico or the New Mexico Department of Workforce Solutions.
Related pages
- Minimum wage by state
- Federal minimum wage rules
- New Mexico final paycheck laws
- New Mexico at-will employment laws
- Unpaid wages and how to claim them
- Overtime calculator
- Texas minimum wage
- Oklahoma minimum wage
Last updated: September 29, 2026.
Frequently Asked Questions
What is the minimum wage in New Mexico?
$12.00 per hour statewide since January 1, 2023, under NMSA 50-4-22(A)(5). Some localities, such as the City of Santa Fe, pay more.
Is New Mexico's minimum wage going up in 2027?
No state increase was found. Two 2025 bills to raise it were postponed indefinitely. Local rates change on January 1, 2027: Albuquerque rises to $13.00 under Ordinance O-26-33, and the City of Santa Fe is scheduled to rise to $17.50.
What is the minimum wage in Santa Fe, New Mexico?
$15.40 per hour since March 1, 2026, scheduled to become $17.50 on January 1, 2027, per the City of Santa Fe's living wage page.
What is the tipped minimum wage in New Mexico?
$3.00 per hour under state law, if the employee customarily receives more than $30 a month in tips and tips plus cash wage reach at least $12.00. Albuquerque requires a $7.20 tipped cash wage in 2026, and 55.5 percent of the city minimum wage from January 1, 2027.
Does Albuquerque have its own minimum wage?
Yes. In 2026 the city's calculated rate is $11.85, so the state's $12.00 prevails. Under Ordinance O-26-33, enacted in June 2026, the Albuquerque minimum wage becomes $13.00 on January 1, 2027, $14.00 in 2028 and $15.00 in 2029, or $1.00 less where the employer pays at least $2,500 a year in health or child care benefits.
Does Santa Fe County's minimum wage apply to every employer?
No. It applies to county-licensed businesses, county contractors and project participants listed on the county page, and the rate is $15.40 ($4.62 tipped).
What can I recover for unpaid minimum wage under New Mexico law?
Under NMSA 50-4-26(C) and (E), the unpaid wages plus interest, an additional amount equal to twice the unpaid wages, and costs and reasonable attorney fees. Employees may sue together with similarly situated coworkers.
Can I sue for unpaid minimum wage under federal law?
Yes, where the FLSA applies. 29 U.S.C. 216(b) provides unpaid wages, an equal amount as liquidated damages and attorney's fees, generally within two years, or three if willful. A claim under New Mexico's own Act has a three-year limit (NMSA 37-1-5).
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New Mexico Statutes Annotated 1978, Chapter 50
§ 50-4-22Minimum wagesIn force
A. Except as provided in Subsection C of this section, an employer shall pay to an employee a minimum wage rate of: (1) prior to January 1, 2020, at least seven dollars fifty cents ($7.50) an hour; (2) beginning January 1, 2020 and prior to January 1, 2021, at least nine dollars ($9.00) an hour; (3) beginning January 1, 2021 and prior to January 1, 2022, at least ten dollars fifty cents ($10.50) an hour; (4) beginning January 1, 2022 and prior to January 1, 2023, at least eleven dollars fifty cents ($11.50) an hour; and (5) on and after January 1, 2023, at least twelve dollars ($12.00) an hour. B. An employer furnishing food, utilities, supplies or housing to an employee who is engaged in agriculture may deduct the reasonable value of such furnished items from any wages due to the employee. C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-26Enforcement; penalties; employees' remediesIn force
A. An employer who violates any of the provisions of the Minimum Wage Act is guilty of a misdemeanor and upon conviction shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. B. The director of the labor relations division of the workforce solutions department shall enforce and prosecute violations of the Minimum Wage Act. The director may institute in the name of the state an action in the district court of the county wherein the employer who has failed to comply with the Minimum Wage Act resides or has a principal office or place of business, for the purpose of prosecuting violations. The district attorney for the district wherein any violation hereof occurs shall aid and assist the director in the prosecution. C. In addition to penalties provided pursuant to this section, an employer who violates any provision of Section 50-4-22 NMSA 1978 shall be liable to the employees affected in the amount of their unpaid or underpaid minimum wages plus interest, and in an additional amount equal to twice the unpaid or underpaid wages. D.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-21DefinitionsIn force
As used in the Minimum Wage Act: A. "employ" includes suffer or permit to work; B. "employer" includes any individual, partnership, association, corporation, business trust, legal representative or organized group of persons employing one or more employees at any one time, acting directly or indirectly in the interest of an employer in relation to an employee, but shall not include the United States, the state or any political subdivision of the state; provided, however, that for the purposes of Subsection A of Section 50-4-22 NMSA 1978, "employer" includes the state or any political subdivision of the state; and C.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-23Persons with a disability; minimum wage; director powers and duties.In force
A. The director of the labor and industrial division of the labor department, to the extent necessary in order to prevent curtailment of opportunities for employment, shall, by regulation, provide for the employment under special certificates of individuals, including individuals employed in agriculture, whose earning or productive capacity is impaired by physical or mental disability or injury or any other disability, at wages that are lower than the minimum wage applicable under Section 50-4-22 NMSA 1978, but not less than fifty percent of such wage. B.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
§ 50-4-32Continuing course of conductIn force
A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 may encompass all violations that occurred as part of a continuing course of conduct regardless of the date on which they occurred.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
New Mexico Statutes Annotated 1978, Chapter 37
§ 37-1-5Actions for wage and hour violationsIn force
A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 shall be commenced within three years after a violation last occurs. The three-year period shall be tolled during a labor relations division of the workforce solutions department investigation of an employer, but such an investigation shall not be deemed a prerequisite to a person bringing a civil action, nor shall it operate to bar a civil action brought pursuant to Chapter 50, Article 4 NMSA 1978.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at nmonesource.com
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Labor Rels. Div. v. 505 Burgers, LLC (New Mexico Court of Appeals 2024)“…rkforce solutions department investigation of an employer. NMSA 1978, § 37-1-5 (2009). {3} Here, the parties ackn…”
- In Re Farmers Insurance Exchange Claims Representatives' Overtime Pay Litigation (District Court, D. Oregon 2004, 336 F. Supp. 2d 1077)“…O.R.S. 12.110(3), and one year on their New Mexico claim. N.M. Stat. Ann. § 37-1-5 . 27 . The documen…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
United States Code Title 29
§ 206Minimum wageIn forcecited in 49 of our articles
Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates: except as otherwise provided in this section, not less than— $5.85 an hour, beginning on the 60th day after May 25, 2007; $6.55 an hour, beginning 12 months after that 60th day; and $7.25 an hour, beginning 24 months after that 60th day; if such employee is a home worker in Puerto Rico or the Virgin Islands, not less than the minimum piece rate prescribed by regulation or order; or, if no such minimum piece rate is in effect, any piece rate adopted by such employer which shall yield, to the proportion or class of employees prescribed by regulation or order, not less than the applicable minimum hourly wage rate. Such minimum piece rates or employer piece rates shall be commensurate with, and shall be paid in lieu of, the minimum hourly wage rate applicable under the provisions of this section.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 6,250 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Mark D. Tourscher v. Martin Horn, Secretary of the Pa. Dept. Of Corrections John McCullough Superintendent ,(d.c. Civil No. 98-Cv-00176j) (Court of Appeals for the Third Circuit 1999, 184 F.3d 236)“…wage provisions of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206 (a), for the work he was compelled to d…”
- Christensen v. Harris County (Supreme Court of the United States 2000, 529 U.S. 576)“…in the private sector of the economy or the public sector. 29 U. S. C. §§ 206 , 207 (1994 ed. and Supp. III). In 1985…”
- Barrentine v. Arkansas-Best Freight System, Inc. (Supreme Court of the United States 1981, 450 U.S. 728)“…a minimum wage under § 6 of the Fair Labor Standards Act, 29 U. S. C. § 206 , may not be waived through a collectiv…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Ohio Debt Collection Laws: Garnishment Formula, the 6-Year Consumer Debt Rule, and Repossession, Federal Minimum Wage 2026: $7.25 an Hour Since 2009, Minimum Wage by State 2026: All 50 States and DC
§ 215Prohibited acts; prima facie evidenceIn forcecited in 33 of our articles
After the expiration of one hundred and twenty days from June 25, 1938, it shall be unlawful for any person— to transport, offer for transportation, ship, deliver, or sell in commerce, or to ship, deliver, or sell with knowledge that shipment or delivery or sale thereof in commerce is intended, any goods in the production of which any employee was employed in violation of section 206 or section 207 of this title, or in violation of any regulation or order of the Secretary issued under section 214 of this title; except that no provision of this chapter shall impose any liability upon any common carrier for the transportation in commerce in the regular course of its business of any goods not produced by such common carrier, and no provision of this chapter shall excuse any common carrier from its obligation to accept any goods for transportation; and except that any such transportation, offer, shipment, delivery, or sale of such goods by a purchaser who acquired them in good faith in reliance on written assurance from the producer that the goods were produced in compliance with the requirements of this chapter, and who acquired such goods for value without notice of any such…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 1,632 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Frank L. LOEB, Plaintiff, v. TEXTRON, INC., Et Al., Defendants (Court of Appeals for the First Circuit 1979, 600 F.2d 1003)“…available under the FLSA. A relevant starting point may be 29 U.S.C. § 215 (a)(3), which prohibits the retaliatory…”
- United States v. Universal C. I. T. Credit Corp. (Supreme Court of the United States 1952, 344 U.S. 218)“…1060 , *219 1068-1069, as amended, 63 Stat. 910 , 919, 29 U. S. C. §§ 215 , 216 (a), charging the defendant corpo…”
- Mitchell v. Robert DeMario Jewelry, Inc. (Supreme Court of the United States 1960, 361 U.S. 288)“…he three employees in violation of § 15 (a)(3) of the Act, 29 U. S. C. § 215 (a)(3), and' praying for an. order enj…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Federal Whistleblower Laws: Protections and How to Report, Employer Threatening to Call Immigration? Your Rights in the U.S., Wage Theft in the U.S.: Your Rights Regardless of Immigration Status
§ 216PenaltiesIn forcecited in 46 of our articles
Any person who willfully violates any of the provisions of section 215 of this title shall upon conviction thereof be subject to a fine of not more than $10,000, or to imprisonment for not more than six months, or both. No person shall be imprisoned under this subsection except for an offense committed after the conviction of such person for a prior offense under this subsection. Any employer who violates the provisions of section 206 or section 207 of this title shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, or their unpaid overtime compensation, as the case may be, and in an additional equal amount as liquidated damages. Any employer who violates the provisions of section 215(a)(3) or 218d of this title shall be liable for such legal or equitable relief as may be appropriate to effectuate the purposes of section 215(a)(3) or 218d of this title, including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount as liquidated damages.
Official text (excerpt) · last checked 2026-09-03 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 9,526 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):The Supreme Court treats Section 216(b) as the FLSA's private-suit clause. Alden v. Maine (1999) held Article I gives Congress no power to subject nonconsenting states to such private damages suits in their own courts. Christensen v. Harris County (2000) applied Section 216(b)'s requirement that plaintiffs prove a Section 207 violation.
Opinions citing this section in our collection:
- Alyeska Pipeline Service Co. v. Wilderness Society (Supreme Court of the United States 1975, 421 U.S. 240)“…abor Standards Act, § 16 (b), 52 Stat. 1069 , as amended, 29 U. S. C. § 216 (b); Longshoremen's and Harbor Workers…”
- Roadway Express, Inc. v. Piper (Supreme Court of the United States 1980, 447 U.S. 752)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V).” Id., at 6…”
- Hutto v. Finney (Supreme Court of the United States 1979, 437 U.S. 678)“…ther taxable costs. Compare 42 U. S. C. § 2000a-3 (b) with 29 U. S. C. § 216 (b) (1970 ed., Supp. V). [29] See…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Unpaid Wages: How to File a Claim and Recover What You're Owed, Independent Contractor vs. Employee: The IRS, DOL and ABC Tests, Alabama Minimum Wage 2026: $7.25 Federal, No State Rate
§ 218Relation to other lawsIn forcecited in 52 of our articles
No provision of this chapter or of any order thereunder shall excuse noncompliance with any Federal or State law or municipal ordinance establishing a minimum wage higher than the minimum wage established under this chapter or a maximum work week lower than the maximum workweek established under this chapter, and no provision of this chapter relating to the employment of child labor shall justify noncompliance with any Federal or State law or municipal ordinance establishing a higher standard than the standard established under this chapter. No provision of this chapter shall justify any employer in reducing a wage paid by him which is in excess of the applicable minimum wage under this chapter, or justify any employer in increasing hours of employment maintained by him which are shorter than the maximum hours applicable under this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 312 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion (Court of Appeals for the Ninth Circuit 2000, 208 F.3d 1144)“…wage, hour, and child labor legislation. See 29 U.S.C. § 218 (a). 1 *1151…”
- United States v. Klinghoffer Bros. Realty Corp., Irving Jacobson and Albert Klinghoffer (Court of Appeals for the Second Circuit 1961, 285 F.2d 487)“…agreement to accept reduced pay is valid, notwithstanding 29 U.S.C. § 218 . White v. Witwer Grocer Co., 8 Cir.,…”
- Pacific Merchant Shipping Ass'n v. Aubry (Court of Appeals for the Ninth Circuit 1990, 918 F.2d 1409)“…han the maximum workweek established under this chapter. 29 U.S.C. Section 218 (a). The employees and the United State…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Alaska Minimum Wage 2026: $14.00 an Hour, $15.00 in July 2027, Arizona Minimum Wage 2026: $15.15 Per Hour, $15.65 in 2027, Arkansas Minimum Wage 2026: $11.00 an Hour, Tip Credit Rules
§ 255Statute of limitationsIn forcecited in 39 of our articles
Any action commenced on or after May 14, 1947, to enforce any cause of action for unpaid minimum wages, unpaid overtime compensation, or liquidated damages, under the Fair Labor Standards Act of 1938, as amended [29 U.S.C. 201 et seq.], the Walsh-Healey Act, or the Bacon-Davis Act 1 See References in Text note below. — if the cause of action accrues on or after May 14, 1947 —may be commenced within two years after the cause of action accrued, and every such action shall be forever barred unless commenced within two years after the cause of action accrued, except that a cause of action arising out of a willful violation may be commenced within three years after the cause of action accrued; if the cause of action accrued prior to May 14, 1947 —may be commenced within whichever of the following periods is the shorter: (1) two years after the cause of action accrued, or (2) the period prescribed by the applicable State statute of limitations; and, except as provided in paragraph (c), every such action shall be forever barred unless commenced within the shorter of such two periods; if the cause of action accrued prior to May 14, 1947, the action shall not be barred by paragraph (b)…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 2,924 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Kimel v. Florida Board of Regents (Supreme Court of the United States 2000, 528 U.S. 62)“…added to the statute of limitations provision of the FLSA, 29 U. S. C. § 255 , a new subsection (d), which suspended…”
- Oscar Mayer & Co. v. Evans (Supreme Court of the United States 1979, 441 U.S. 750)“…title shall apply to actions under this chapter." Title 29 U. S. C. § 255 provides in relevant part: "Any acti…”
- Phyllis Miller v. Maxwell's International Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak (Court of Appeals for the Ninth Circuit 1993, 991 F.2d 583)“…o a more generous three-year statute of limitations. See 29 U.S.C. § 255 (a) (1988) (three-year statute of limit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Colorado Minimum Wage 2026: $15.16, $15.71 in 2027, Connecticut Minimum Wage 2026: $16.94 an Hour ($17.48 in 2027), Georgia Minimum Wage 2026: $7.25 Federal, $5.15 State Rate
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Sources and References
- NMSA 50-4-22 (New Mexico Minimum Wage Act), NMOneSource(www.nmonesource.com)
- NMSA 50-4-26 and 50-4-26.1 (remedies and retaliation), NMOneSource(www.nmonesource.com)
- Laws 2021, SB 35 (enrolled act amending NMSA 50-4-21 and 50-4-22)(www.nmlegis.gov).gov
- City of Santa Fe: living wage(santafenm.gov).gov
- Santa Fe County: 2026 living wage adjustments(www.santafecountynm.gov).gov
- City of Albuquerque: minimum wage information(www.cabq.gov).gov
- City of Albuquerque Ordinance O-26-33 (O-2026-018), as enacted(legistar.granicus.com)
- Bernalillo County: required workplace postings(www.bernco.gov).gov
- New Mexico Legislature: HB 246 (2025)(www.nmlegis.gov).gov
- New Mexico Legislature: HB 522 (2025)(www.nmlegis.gov).gov
- New Mexico Secretary of State: November 2026 constitutional amendments and bond questions(www.sos.nm.gov).gov
- 29 U.S.C. 206 (federal minimum wage)(www.law.cornell.edu)
- 29 U.S.C. 218 (relation to state law)(www.law.cornell.edu)
- DOL Wage and Hour Division minimum wage FAQ(www.dol.gov).gov
- 29 U.S.C. 215 (prohibited acts)(www.law.cornell.edu)
- 29 U.S.C. 216 (penalties and remedies)(www.law.cornell.edu)
- 29 U.S.C. 255 (statute of limitations)(www.law.cornell.edu)
- NMSA 37-1-5 and 50-4-32 (limitation period; continuing course of conduct), NMOneSource (official compilation; text confirmed from our corpus copy retrieved 2026-07-30 because the live site requires a CAPTCHA)(www.nmonesource.com)
- City of Las Cruces, Official Notice: Minimum Wage Ordinance, effective January 1, 2026(lascruces.gov).gov
- Laws 2009, HB 489 (enrolled): NMSA 37-1-5 and continuing course of conduct (50-4-32)(www.nmlegis.gov).gov