Are employers allowed to set a different hourly wage for part-time and full-time employees?

Yes, employers in New Mexico are allowed to set a different hourly wage for part-time and full-time employees. According to the New Mexico Department of Workforce Solutions, an employer may offer part-time employees lower wages than they would pay full-time employees for the same job. The employer must also pay part-time employees at least the same rate paid to all other employees who are similarly employed. To distinguish full-time and part-time employees, the employer may require the number of hours the employee must work or the number of days per week the employee must work. For example, an employer may consider an employee to be full-time if they work at least 35 hours, and an employee to be part-time if they work less than 35 hours. Employers should ensure that they are not underpaying any employee due to their employment status. They must have a clear and fair policy in place explaining the differences between a full-time and part-time wage. Furthermore, employers should review their policies periodically to ensure they comply with federal and state wage and hour laws.

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