New Mexico Labor Law Posters: State and Federal Requirements

If you employ anyone in New Mexico, you must display seven state labor law posters plus a set of federal posters that varies with your headcount and industry. Every required poster is free from the issuing agency, and each one has to be posted where employees, and in some cases applicants, can readily read it.

The Seven State Posters Every Employer Needs

The New Mexico Department of Workforce Solutions lists seven mandatory state postings for most employers.¹

Minimum Wage Act Summary, showing the state minimum wage of $12.00 per hour, the tipped cash wage of $3.00 per hour, overtime rules, and employee rights.²
Human Rights Act poster, covering workplace discrimination protections. The Act applies to employers with four or more employees.³
Workers’ Compensation Act poster, which must be displayed together with blank Notice of Accident forms.⁴
Job Health and Safety Protection poster, issued under the state Occupational Health and Safety Act and administered by the Environment Department’s Occupational Health and Safety Bureau.⁵
Paid Sick Leave notice under the Healthy Workplaces Act, posted in a conspicuous and accessible place at each establishment.⁶
Human Trafficking Notice, required for employers covered by the Minimum Wage Act. The poster must be at least 8.5 by 11 inches.
Unemployment Insurance Notice, issued when you first register for unemployment insurance taxes. This is the one state poster that does not need periodic updating.¹

Federal Posters and When They Apply

Federal posting obligations run alongside the state set. Some apply to every employer; others only once you reach a certain size.

Fair Labor Standards Act poster, covering federal minimum wage, overtime, and child labor rules. Required of every FLSA-covered employer regardless of size.⁷
EEOC “Know Your Rights” poster, required at employers with 15 or more employees. It must be placed where applicants and employees customarily see notices.⁸
Family and Medical Leave Act poster, required for private-sector employers with 50 or more employees in 20 or more workweeks, and for all public agencies and schools regardless of size. The poster must be displayed even when no employee currently qualifies for leave.⁹
Federal OSHA Job Safety and Health poster, free directly from OSHA.¹⁰
Employee Polygraph Protection Act poster, required at every private-sector employer. The notice is two pages formatted as a single 11-by-17-inch poster.¹¹
USERRA notice of rights for employees who serve in the uniformed services. Posting is one accepted way to meet the requirement; email or handout also works.¹²

A small employer with three workers still needs the FLSA poster plus the full set of state posters, but would not need the EEOC poster (15-employee threshold) or the FMLA poster (50-employee threshold).⁸ Federal contractors covered by the Davis-Bacon Act or the Service Contract Act must also post applicable wage determinations at the job site.¹³

Language Requirements

Several state posters carry explicit multilingual rules. The Healthy Workplaces Act poster must appear in English, Spanish, and any other language spoken as a first language by at least ten percent of your workforce.⁶ The human trafficking poster carries the same ten-percent rule, and each language section on that poster must be equal in size. The workers’ compensation poster is printed with English and Spanish on a single document.⁴ The federal Department of Labor also provides many of its posters in multiple languages at no cost.

Where to Get Posters and What to Fill In

Every required poster is free from the issuing agency. State posters are available for download from the Department of Workforce Solutions and can be printed on a standard printer.¹ Federal posters come directly from the U.S. Department of Labor and each enforcement agency. OSHA specifically warns employers not to pay third-party vendors for its poster.¹⁰

The workers’ compensation poster is the one most commonly posted wrong. You have to write in the name, phone number, and address of your insurance carrier or claims representative. A blank poster does not comply.¹⁴ The poster also has to be accompanied by blank Notice of Accident forms. Without the forms, the poster alone does not satisfy the law.¹⁵

Where to Display Them

Post in a conspicuous location where employees regularly go during the workday. Breakrooms, hallways near time clocks, and common entry areas all qualify. The EEOC poster must also be visible to job applicants, which usually means somewhere they pass through during the hiring process.⁸ Each worksite needs its own set.

Remote and Hybrid Workforces

If every one of your employees works remotely, the U.S. Department of Labor allows electronic posting to replace physical posting, but only when three conditions are all met: all employees work exclusively from a remote location, employees customarily receive information from the employer electronically, and all employees have ready access to the electronic posting at all times. A poster buried in a little-known intranet folder does not qualify.¹⁶

A hybrid workforce does not qualify for electronic-only posting. You need physical posters at the worksite for on-site staff and should supplement with electronic access for remote workers.

Keeping Posters Current

When a wage rate adjusts or a law changes, replace the outdated poster. There is no grace period. The EEOC poster carries a date in the bottom right corner so you can verify you have the current version. The workers’ compensation poster has to be updated whenever you change insurance carriers, and the new insurer information also has to go on the Notice of Accident forms you provide to employees.¹⁵ The unemployment insurance notice is the only state poster that does not need periodic refreshing.¹

What It Costs to Get This Wrong

Penalties vary by poster, and several are set by statute:

New Mexico OSHA posting violation: civil penalty of up to $7,000 per violation.⁵
Federal OSHA posting violation: up to $16,550 per violation as of January 2025.¹⁷
EEOC “Know Your Rights” violation: up to $698 per offense, adjusted annually for inflation.¹⁸
Workers’ compensation poster: failing to display the poster alongside Notice of Accident forms extends the employee’s deadline for reporting a workplace injury from 15 days to 60 days, which increases employer liability exposure.¹⁵

Beyond the direct fines, missing posters make it harder to defend against claims that an employee was never informed of a right. The posters cost nothing to obtain and an hour to put up correctly.

1
New Mexico Department of Workforce Solutions. State and Federal Posters
2
Justia. New Mexico Code 50-4-22 – Minimum Wages
3
Justia. New Mexico Statutes Chapter 28, Article 1 – Human Rights
4
New Mexico Workers’ Compensation Administration. Workplace Poster
5
New Mexico Environment Department. NM Occupational Health and Safety Act
6
FindLaw. New Mexico Code 50-17-6 – Notice and Posting Requirements
7
U.S. Department of Labor. Fair Labor Standards Act (FLSA) Minimum Wage Poster
8
U.S. Equal Employment Opportunity Commission. Know Your Rights: Workplace Discrimination is Illegal Poster
9
U.S. Department of Labor. Fact Sheet 28D – Employer Notification Requirements Under the Family and Medical Leave Act
10
Occupational Safety and Health Administration. Job Safety and Health Workplace Poster
11
U.S. Department of Labor. Employee Polygraph Protection Act (EPPA) Poster
12
U.S. Department of Labor. Your Rights Under USERRA Poster
13
Acquisition.GOV. 48 CFR 22.404-10 – Posting Wage Determinations and Notice
14
Workers’ Compensation Administration. Workers’ Compensation Act Poster
15
New Mexico Workers’ Compensation Administration. Employer Guidebook
16
U.S. Department of Labor. Field Assistance Bulletin No. 2020-7
17
Occupational Safety and Health Administration. OSHA Penalties
18
Federal Register. 2025 Adjustment of the Penalty for Violation of Notice Posting Requirements