Workplace Hiring Requirements

A New Mexico business with employees must fulfill basic workplace requirements:

1. Employers must comply with OSHA, Americans with Disabilities Act (ADA), and Human Rights requirements.
2. Employers must register with New Mexico Department of Workforce Solutions and New Mexico New Hires Directory before hiring employees.
3. Employers must display mandatory posters provided by the New Mexico Department of Workforce Solutions and Workers’ Compensation Administration.
4. Employers may be required to obtain workers’ compensation.

Employers must comply with federal and state requirements concerning safety and rights that fall under the Occupational and Safety Health Administration (OSHA), Americans with Disabilities Act (ADA), and the New Mexico Human Rights Act enforced by the New Mexico Department of Workforce Solutions. 

Under OSHA law, employers must provide a safe workplace. This requirement includes posting an OSHA poster.  New Mexico Department of the Environment enforces the New Mexico OSHA requirements, including making worksite inspections after a complaint.

Under the ADA, employers may not discriminate against people with disabilities in recruitment, retention, and promotion; and must provide an accessible environment.

 If you fall under the jurisdiction of the New Mexico Human Rights Act, it is your responsibility to learn and meet the compliance requirements. 

 The links below provide additional information on this subject.

• U.S. Department of Labor – Employer Responsibilities 
• OSHA’S Free Workplace Posters 
• New Mexico OSHA 
• The ADA: Your Responsibilities As An Employer 
• Reaching Out To Customers With Disabilities 
• New Mexico Human Rights Act – Information For Employers

Employers are covered by the New Mexico’s Unemployment Compensation Law and are subject to the state Unemployment Insurance (UI) tax. UI provides temporary financial assistance to qualified individuals who meet state eligibility requirements. UI benefits are 100% financed through employers’ quarterly taxes. All employers must register with the New Mexico Department of Workforce Solutions within 10 days after beginning a business and pay UI taxes on their employees. The information gathered during the registration process will determine if a business is required to pay contributions under the law. 

Upon successful registration and the creation of an account in the UI Taxes Claims System, a business owner will be assigned an Employer Account Number (EAN) and provided access to the system. As a business owner you will be able to report wages paid, pay contributions due, respond to claims for benefits, and manage your account.

 Federal and state law requires employers to report newly hired and re-hired employees in New Mexico. 

•  New Mexico Department of Workforce Solutions, Unemployment Insurance
• New Mexico New Hires Directory

The state and federal government require employers to display several posters dealing with minimum wage, equal opportunity, safety, and other concerns. Information and mandatory posters are provided by the New Mexico Department of Workforce Solutions. 

The New Mexico Workers’ Compensation Administration (WCA) requires a WCA Poster and Notice of Accident or Occupational Disease Disablement form be displayed in a conspicuous location in the workplace. 

• State and Federal Posters
• New Mexico Worker’s Compensation Administration – Publications

Workers’ compensation is a no-fault system that provides the quick delivery of medical and indemnity benefits to injured workers at a reasonable cost to the employer. All businesses that fall under the requirements of the Workers’ Compensation Act must obtain workers’ compensation insurance through a licensed insurance agency.

Employers also must pay a quarterly assessment fee and display posters and forms. Larger employers must conduct an annual safety inspection.

• Employer Guidebook
• Worker’s Compensation Brochure