# New Mexico — State employment law headcount triggers that deviate from federal thresholds

For New Mexico, law category is workers compensation; state threshold is 3 or more; key differences is Sole proprietor or partner: Excluded but may opt in. Officers and LLC members: Included but may opt out if owning 10% or more. Contractors must be licensed by the Construction Industries Division and provide coverage if their employees must be licensed. Real estate salespersons are exempt; coverage / scope is Includes all employees, recorded from its source on 2026-08-14.

- **State:** New Mexico _(verified: appears in the quote below)_
- **Law category:** workers compensation _(our reading, not quoted from the source)_
- **State threshold:** 3 or more _(verified: appears in the quote below)_
- **Key differences:** Sole proprietor or partner: Excluded but may opt in. Officers and LLC members: Included but may opt out if owning 10% or more. Contractors must be licensed by the Construction Industries Division and provide coverage if their employees must be licensed. Real estate salespersons are exempt. _(verified: appears in the quote below)_
- **Coverage / scope:** Includes all employees. _(verified: appears in the quote below)_

## What the source says

> New Mexico | 3 or more | Includes all employees. | Sole proprietor or partner: Excluded but may opt in. Officers and LLC members: Included but may opt out if owning 10% or more. Contractors must be licensed by the Construction Industries Division and provide coverage if their employees must be licensed. Real estate salespersons are exempt.

## Source

- https://www.workcompone.com/blog/minimum-number-of-employees-for-workers-comp-in-every-u-s-state/

Last verified: 2026-08-14. Review by: 2027-02-10.
Part of [State employment law headcount triggers that deviate from federal thresholds](https://referencesource.org/state-employment-law-headcount-triggers/).