WAGE AND HOUR DEMAND LETTER
New Mexico Minimum Wage Act and FLSA Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, New Mexico ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Mexico State Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
Demand for Unpaid Wages Under FLSA and New Mexico Law
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO FRE 408
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq., and the New Mexico Minimum Wage Act, N.M. Stat. Ann. Section 50-4-19 et seq., and the New Mexico Wage Payment Act, N.M. Stat. Ann. Section 50-4-1 et seq.
Please direct all further communications regarding this matter to our office.
I. NEW MEXICO-SPECIFIC LEGAL FRAMEWORK
A. New Mexico Minimum Wage
New Mexico's minimum wage is $12.00 per hour as of January 1, 2023. N.M. Stat. Ann. Section 50-4-22. Some localities have higher minimum wages:
- Santa Fe: $14.60 per hour (adjusted annually)
- Albuquerque: $14.65 per hour (adjusted annually)
- Bernalillo County: $12.00 per hour
- Las Cruces: $12.36 per hour
New Mexico allows a tip credit with a tipped minimum wage of $3.00 per hour, provided tips bring the employee to the full minimum wage. N.M. Stat. Ann. Section 50-4-22(D).
B. Overtime Requirements
New Mexico follows FLSA overtime requirements. Non-exempt employees must be paid 1.5 times the regular rate for all hours worked over 40 in a workweek. N.M. Stat. Ann. Section 50-4-22(C). New Mexico does not require daily overtime.
C. Meal and Rest Break Requirements
New Mexico law does not mandate meal or rest breaks for adult employees. However, if breaks under 20 minutes are provided, they must be compensated. 29 C.F.R. Section 785.18.
D. Wage Payment Requirements
Under the New Mexico Wage Payment Act:
- Regular Pay Periods: Wages must be paid at least semi-monthly on regular paydays. N.M. Stat. Ann. Section 50-4-2.
- Termination - Discharge: All wages due must be paid within 5 days of discharge. N.M. Stat. Ann. Section 50-4-4.
- Termination - Resignation: Wages are due on the next regular payday. N.M. Stat. Ann. Section 50-4-5.
E. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| New Mexico wage claims | 3 years | N.M. Stat. Ann. Section 37-1-4 |
F. Liquidated Damages and Penalties
FLSA Liquidated Damages: Equal to the amount of unpaid wages (doubling recovery). 29 U.S.C. Section 216(b).
New Mexico Penalties: Under N.M. Stat. Ann. Section 50-4-26, employers who fail to pay minimum wage or overtime are liable for:
- The unpaid wages; plus
- Liquidated damages in an amount equal to the unpaid wages; plus
- Attorney's fees and costs.
G. Attorney's Fees
Both the FLSA and New Mexico law provide for recovery of reasonable attorney's fees and costs to the prevailing employee. 29 U.S.C. Section 216(b); N.M. Stat. Ann. Section 50-4-26(C).
II. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es)] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly / Monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
C. Specific Violations
[Company Short Name] violated federal and New Mexico wage and hour laws by:
- [ ] Failing to pay the minimum wage required under New Mexico law
- [ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
- [ ] Misclassifying our client as exempt from overtime
- [ ] Misclassifying our client as an independent contractor
- [ ] Failing to pay for all hours worked (off-the-clock work)
- [ ] Making unlawful deductions from wages
- [ ] Failing to pay all wages due within 5 days of discharge
III. LEGAL ANALYSIS
A. FLSA Violations
[Describe specific FLSA violations - minimum wage, overtime, misclassification, etc.]
B. New Mexico Minimum Wage Act Violations
[Company Short Name] violated the New Mexico Minimum Wage Act by [describe violation]. N.M. Stat. Ann. Section 50-4-22.
C. New Mexico Wage Payment Act Violations
[Company Short Name] violated the New Mexico Wage Payment Act by:
- [ ] Failing to pay wages on regular paydays. N.M. Stat. Ann. Section 50-4-2.
- [ ] Failing to pay all wages due within 5 days of discharge. N.M. Stat. Ann. Section 50-4-4.
IV. DAMAGES CALCULATION
A. Unpaid Wages
| Category | Calculation | Amount |
|---|---|---|
| Unpaid Overtime | [X hours] x $[regular rate] x 0.5 | $[Amount] |
| Unpaid Minimum Wage | [X hours] x $[shortfall] | $[Amount] |
| Off-the-Clock Work | [X hours] x $[rate] | $[Amount] |
| Total Unpaid Wages | $[Amount] |
B. Liquidated Damages
- FLSA liquidated damages (equal to unpaid wages): $[Amount]
- New Mexico liquidated damages (equal to unpaid wages): $[Amount]
Note: Employee may elect either FLSA or New Mexico liquidated damages, not both.
C. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Liquidated Damages (100%) | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL | $[Amount] |
V. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name] arising from the wage and hour violations described herein.
This demand will remain open for twenty-one (21) calendar days from the date of this letter, until [Response Deadline Date].
If we do not receive a satisfactory response by that date, we will file suit without further notice in the appropriate New Mexico District Court or United States District Court for the District of New Mexico.
VI. DOCUMENT PRESERVATION
This letter constitutes formal notice of our client's claims and intent to file suit. [Company Short Name] must immediately implement a litigation hold to preserve all documents and electronically stored information relevant to these claims.
VII. CONFIDENTIALITY
This letter is a confidential settlement communication made in anticipation of litigation and is protected under Federal Rule of Evidence 408 and New Mexico Rule of Evidence 11-408.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[New Mexico State Bar No.]
Enclosures:
- [ ] Authorization to Represent
- [ ] Pay stubs / wage statements
- [ ] Time records (if available)
cc: [Client Name] (via email)