State Law > New Mexico > New Mexico Meal and Rest Periods Law

New Mexico Meal and Rest Periods Law

 

New Mexico does not have a law regarding meal and rest periods, but it does provide protection under the following sections of the New Mexico Statutes Annotated.

63-3-21. Railroad employment.

It shall be unlawful for any railway company within the state of New Mexico or any of its officers or agents to require or permit any employee engaged in or connected with the movement of any rolling stock, engine or train, to remain on duty for a longer period than sixteen consecutive hours and whenever any such employee of such railway company shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-four hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty; provided, however, that the provisions of this and the succeeding sections [63-3-22] shall not apply in cases of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the railway company or its officer or agent in charge of such employee at the time such employee left a terminal point and which could not have been foreseen: provided further, that the provisions of said sections shall not apply to the time necessary for train crews to take passenger trains and freight trains loaded with livestock or perishable freight to the next nearest division point, nor shall it apply to the time necessary for trainmen to reach a resting place when an accident, wreck, washout, snow blockade or other unavoidable cause has delayed their train: provided further, that the provisions of the said sections shall not apply to employees of sleeping car companies nor to crews of wrecking or relief trains.

28-20-1. Breastfeeding rights.

A mother may breastfeed her child in any location, public or private, where the mother is otherwise authorized to be present.

Chapter 28, Article 20 NMSA 1978.

USE OF A BREAST PUMP IN THE WORKPLACE.

A. In order to foster the ability of a nursing mother who is an employee to use a breast pump in the workplace, an employer, including the state and its political subdivisions, shall provide:

(1) a space for using the breast pump that is:

(a) clean and private;

(b) near the employee's workspace; and

(c) not a bathroom; and

(2) flexible break times.

B. An employer shall not be liable for:

(1) storage or refrigeration of breast milk;

(2) payment for a nursing mother's break time in addition to established employee breaks; or

(3) payment of overtime while a nursing mother is using a breast pump.
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