New Mexico Statutes

N.M. Stat. § 37-1-5 (2026)

Actions for wage and hour violations.

✓ current as of May 2026

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A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 shall be
commenced within three years after a violation last occurs. The three-year period shall
be tolled during a labor relations division of the workforce solutions department
investigation of an employer, but such an investigation shall not be deemed a
prerequisite to a person bringing a civil action, nor shall it operate to bar a civil action
brought pursuant to Chapter 50, Article 4 NMSA 1978.

History: 1941 Comp., § 27-125, enacted by Laws 1947, ch. 44, § 1; 1953 Comp., § 23-
1-5; 2009, ch. 104, § 1.

                                      ANNOTATIONS

The 2009 amendment, effective June 19, 2009, deleted all of the former language of
this section, which provided for a one year statute of limitations period, and added the
current language.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 48A Am. Jur. 2d Labor and Labor
Relations § 3250 et seq.

Notes of Decisions

Cited in 8 cases (4 in the last 5 years), 2003–2026 · leading case: Andrew v. Schlumberger Tech. Corp., 808 F. Supp. 2d 1288 (D.N.M. 2011).

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Andrew v. Schlumberger Tech. Corp., 808 F. Supp. 2d 1288 (D.N.M. 2011). · cites it 26× “1978, § 37-1-5 in force at the time Defendant Schlumberger Technology Corporation allegedly violated the Plaintiffs’ rights, were retroactively revived when the New Mexico Legislature amended the statute to provide for a three-year time period in which to file suit.”

In Re Farmers Ins. Exch. Claims Representatives' Overtime Pay Litig., 336 F. Supp. 2d 1077 (D. Or. 2004). “N.M. Stat. Ann. § 37-1-5 . 27 . The document was referred to throughout trial as the "Price Memo,” but Stephen Price testified in deposition that he did not author the memorandum, it “was prepared by a committee, including lawyers, counsel,” * * *.”

In Re Farmers Ins. Exch. Claims Representatives' Overtime Pay Litig., 300 F. Supp. 2d 1020 (D. Or. 2003). “N.M Stat. Ann. § 37-1-5. 25 . The document was referred to throughout trial as the “Price Memo,’’ but Stephen Price testified in deposition that he did not author the memorandum, it “was prepared by a committee, including lawyers, counsel, * * Deposition of Stephen Price, p.”

Blanton v. United Healthcare Servs., Inc. (D.N.M. 2025). · cites it 10× “1978, § 37-1-5 provides in full: A civil action to enforce any provision of Chapter 50, Article 4 NMSA 1978 shall be commenced within three years after a violation last occurs.”

Felps v. Mewbourne Oil Co., Inc. (D.N.M. 2020). · cites it 7× “1978, § 37-1-5 (2009). Plaintiff, however, alleges that Defendants engaged in a continuing course of conduct.”

Labor Rels. Div. v. 505 Burgers, LLC (N.M. Ct. App. 2024). · cites it 6× “NMSA 1978, § 37-1-5 (2009). {3} Here, the parties acknowledged that the limitations period began to run in February 2015.”

Collopy v. Wexford Health Sources, Inc. (D.N.M. 2024). “1978 § 37-1-5. Collopy does not explain why timesheets and payroll records from outside the limitations period are necessary to show commonality or typicality among putative class members.”

Lawrence (W.D. Pa. 2026). “Although the NMMWA has a three-year statute of limitations, see N.M. Stat. § 37-1-5, the class definition Mr.”

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