Does the clock start at the due date like California LC 203?

No. Section 50-4-4(C) continues wages from the date of discharge until paid, capped at the 60th day after discharge. California LC 203 counts calendar days from the due date, capped at 30, with no demand-and-refusal gate.

Is this the same as Louisiana R.S. 23:632?

No. Louisiana is the lesser of 90 days at the daily rate or wages from demand until paid. New Mexico runs from discharge (not demand) and caps at 60 days. Classic 60d @ $10×8h is $4,800 here; the same 90 days is $7,200 in Louisiana and $2,400 under CA LC 203.

Classic contrast with California, Oregon, Idaho, Louisiana, and Maine?

Sixty days from discharge at $10/hour on an 8-hour day: New Mexico 60 × $80 = $4,800. California LC 203 on 60 calendar days late is capped at 30 × $80 = $2,400. Louisiana R.S. 23:632 on 90 days from demand is $7,200. Idaho § 45-607 on 15 days at $20×8h is capped at $750. Oregon ORS 652.150 on unpaid $400 with no written notice is $400. Maine § 626 on $400 unpaid after the 8-day gate is $800 liquidated damages / $1,200.

What if the worker quit instead of being discharged?

NMSA 1978 § 50-4-5: wages or compensation become due at the next succeeding payday. There is no § 50-4-4(C) continuation for a quit. This page returns $0 continuation on quit/resign.

New Mexico Discharged-Employee Continuing Wages Calculator

Q: What is the New Mexico discharged-employee continuing-wage penalty?

NMSA 1978 § 50-4-4(C) (NM Compilation Commission Chapter 50 PDF, HTTP 200): if the employer fails to pay within five days of discharge (fixed wages) or ten days (task, piece, commission), wages continue from the date of discharge until paid at the same rate the employee received at discharge, not past the sixtieth day after discharge. The employee must plead and establish a demand within a reasonable time and that payment was refused.

What this page computes

Enter last day worked (discharge), demand date, paid date (or as-of if still unpaid), hourly rate and usual daily hours. The ticket shows daily rate × min(calendar days from discharge, 60). Not a weekly punch OT calculator. Attorney fees and § 50-4-12 costs are out of scope.

How NMSA 1978 § 50-4-4 / § 50-4-5 pays

§ 50-4-4(A): on discharge, unpaid wages that are a fixed and definite amount become due immediately upon demand and must be paid within five days of discharge.

§ 50-4-4(B): task, piece, commission, or other calculated wages must be settled within ten days of discharge.

§ 50-4-4(C): if those deadlines are missed, wages continue from the date of discharge until paid at the same rate received at discharge, recoverable in a civil action. The employee must plead and establish demand within a reasonable time at the place designated for payment and that payment was refused. No recovery for any period subsequent to the sixtieth day after the date of discharge (NM Compilation Commission Chapter 50, 7-1-24 PDF).

§ 50-4-5: if the employee quits, wages are due at the next succeeding payday — no 50-4-4(C) continuation.

In scope

Missed 5-day (fixed) or 10-day (piece) discharge deadline → continuation from discharge, cap 60 days
Daily rate = hourly × usual daily hours (or daily override) — same rate at discharge
Demand + refusal required (daysUnpaid override counts as demand and refusal)
Quit / resign → $0 continuation
Paid within the 5- or 10-day deadline → $0

Out of scope

California LC 203 usual-day × 30 (separate page)
Louisiana R.S. 23:632 90 days from demand (separate page)
Oregon ORS 652.150 always-8h × 30 + 100% unpaid cap (separate page)
Idaho Code § 45-607 15-day $750 / $500 lien cap (separate page)
Maine 26 M.R.S. § 626 2× liquidated damages (separate page)
19 Del. C. § 1103 10%/day (leftover engine, not this sitemap row)
Vacation-pay Wolf annotations beyond using the typed daily rate; § 50-4-12 fees

Classic statutory contrast

60 days from discharge @ $10/h × 8h day → 60 × $80 = $4,800.
Same 60 calendar days on CA LC 203 → $2,400 (30-day cap). 42 days from discharge @ $10×8h → $3,360 here vs CA $2,400.
La. R.S. 23:632 90 days from demand @ $10×8h → $7,200 (this page caps at 60 → $4,800).
Oregon ORS 652.150 8h×30 with 100% unpaid cap, unpaid $400 no notice → $400.
Idaho § 45-607 15d @ $20×8h → $750. Same 15d here → $2,400.
Maine 26 M.R.S. § 626 $400 unpaid after the 8-day gate → $800 LD / $1,200 (2× unpaid, not daily-rate continuation).
No demand → $0. Quit → $0. Paid by day 5 (fixed) → $0.

Sources

NMSA 1978 Chapter 50 — Employment Law (NM Compilation Commission / NMOneSource PDF 7-1-24_chapter-50-employment-law-2024.pdf, HTTP 200) — § 50-4-4 Discharges; § 50-4-5 Employees quitting
NMSA 1978 § 50-4-4 — Justia reprint (HTTP 200), same 5-day / 10-day / 60th-day text

FAQ

Is this the same as California waiting time?

No. LC 203 is usual day's wages × min(calendar days from due date, 30) with no demand-and-refusal gate. New Mexico continues wages from the date of discharge, capped at 60 days, only after demand and refusal.

Same as Louisiana R.S. 23:632?

No. Louisiana is the lesser of 90 daily-rate days or wages from demand until paid. New Mexico starts at discharge, not demand, and the cap is 60 days not 90. 90d @ $10×8h is $7,200 in Louisiana and $4,800 here.

Same as Oregon ORS 652.150?

No. Oregon is always 8 hours × hourly × min(30 days), then a 100% unpaid-wages cap unless written notice plus a 12-day fail. New Mexico has no 8-hour fiction and no 100% unpaid cap — the cap is 60 days at the rate received at discharge.

Same as Idaho § 45-607?

No. Idaho is 15 days at the last-employed daily rate with $750 / $500 dollar caps. New Mexico is 60 days from discharge and no $750 cap. 60d @ $10×8h is $4,800 here and $750 in Idaho after the 15-day cut.

Same as Maine 26 M.R.S. § 626?

No. Maine adds 2× the unpaid wage base as liquidated damages after an 8-day remedy gate ($400 unpaid → $800 LD / $1,200). New Mexico continues daily-rate wages from discharge, capped at 60 days — not a 2× multiplier.