New Mexico Overtime Laws
If you believe that you have been paid unfairly or have questions about New Mexico Overtime Laws, contact Travis Hedgpeth today.
Getting paid correctly and fairly is the right of every citizen who lives in New Mexico. Unfortunately, many employers don’t follow the laws or ignore them completely. That’s a big problem for many New Mexico employees. Many work extra hours and don’t get paid for them or get paid their regular, hourly wage, which is unfair and illegal.
New Mexico overtime laws were enacted to protect employees. They precisely follow Federal overtime laws enacted by the FLSA (Fair Labor Standards Act). Below is a brief overview of New Mexico’s overtime laws to help you understand your rights as an employee in our state.
Statutes (Both Federal and State)
The statutes governing New Mexico’s overtime laws include:
- The FLSA’s overtime provision
- New Mexico statute § 50-4-22
The Methods Used to Calculate Overtime Pay in New Mexico
New Mexico labor laws, Overtime, is laid out by the state’s statute. They include provisions for both hourly employees and salaried employees. The exact provisions include:
- Hourly Employees who work more than 40 hours in a single workweek are entitled to 1.5 times their regular pay, or time and a half.
- Employees who are hourly workers plus bonus and commission are entitled to their hourly rate times the total hours they have worked. Plus, they are entitled to the equivalent of their standard workweek bonus/ commission. This will be divided by the total hours of any workweek. Also, they are entitled to half of their regular hourly rate for each hour of Overtime worked.
- Salaried workers who work over 40 hours in a workweek will be paid time and a half for every hour over 40.
Employees NOT entitled to Overtime include:
- Administrators
- Domestic workers
- Executive employees
- Professional employees
- Commission-based salespeople
If you believe that you have been paid unfairly or have questions about New Mexico Overtime Laws, contact Travis Hedgpeth today.
