Many workers in northern New Mexico assume one minimum wage applies everywhere. In Santa Fe County, that isn’t always the case. The location of your employer determines which wage law sets your pay floor, and the difference can show up in every paycheck.
What the County Ordinance Requires
Santa Fe County adopted its Living Wage Ordinance in 2014. As of March 1, 2026, covered employers must pay regular employees at least $15.40 per hour. Tipped employees receive a base wage of at least $4.62 per hour. The rate adjusts every year based on the Consumer Price Index for the Western Region.
Where the County Rate Applies
This distinction causes frequent confusion. The county ordinance covers businesses in unincorporated Santa Fe County, meaning areas outside the City of Santa Fe, the City of Española, and the Town of Edgewood. Covered employers include:
- Businesses required to hold a Santa Fe County business license
- Santa Fe County government
- Contractors providing services to the county, including construction
- Businesses in a county economic development project with a participation agreement
Coverage is broad. Full-time, part-time, temporary, and contracted workers all qualify, as do people placed through staffing agencies.
The City of Santa Fe Follows Separate Rules
Workers inside city limits fall under a separate ordinance. The city rate is also $15.40 per hour for 2026, but it handles tipped work differently. City employers may pay tipped employees a $3.00 base wage, provided tips bring total pay up to the full living wage. The city has approved an increase to $17.50 beginning January 2027.
Posting Requirements and Retaliation Protections
Employers must display a compliance notice in English and Spanish next to their business license. They also cannot retaliate against an employee who asserts rights under the ordinance. A worker who raises a pay concern and then sees reduced hours, a demotion, or a termination may have grounds for a separate claim.
Not everyone is covered. Exempt workers include employees of federal and state agencies, registered apprentices, student interns earning academic credit, and immediate family members of the employer.
Steps to Take if Your Pay Falls Short
Start with your records. Compare your hourly rate against the ordinance that governs your work location, and keep copies of pay stubs, schedules, and written communication about wages. The county accepts investigation requests through its Growth Management department. An attorney can also review your situation, including potential back pay and any retaliation that followed a complaint.
Legal Help for Wage Disputes
Our Santa Fe, NM employment lawyer handles wage claims for workers across the county and inside city limits. We’re familiar with both ordinances and how they apply.
Davie & Valdez P.C. represents employees exclusively, never employers. If your paychecks do not reflect the required rate, contact our office to speak with an attorney about your situation.