New Mexico Overtime Laws

Even though New Mexico has its own state overtime law provisions, they precisely follow the federal overtime law provisions of the Fair Labor Standards Act (FLSA). Essentially, both overtime law provisions require employers to pay employees 1.5 times the employee's regular rate for time worked over 40 hours in a week. However, both New Mexico and the FLSA do not require employers to pay employees overtime for hours worked in excess of eight in one day.

New Mexico Overtime Law Overview

The below chart summarizes important aspects of New Mexico overtime laws.

State and Federal Statutes

Overtime Calculation Methods:

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following classes of employees are not entitled to overtime pay in New Mexico (partial list):
    • Administrative employees
    • Executive employees
    • Professional employees
    • Domestic or household workers
    • Sales personnel compensated on a commission basis

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Employees Providing Federal Investigative Services

Under the New Mexico overtime laws, any employees who are paid a fixed salary for fluctuating hours and also work for an employer in New Mexico whose business is primarily providing investigative services to the federal government have to be paid an hourly rate consistent with federal law.

Notices

Employers in New Mexico must also post the provisions of the state's overtime laws in a conspicuous location in the workplace.

New Mexico Overtime Exemptions

The workers that are exempted from New Mexico overtime laws comprise the following:

  • Administrative employees
  • Executive employees
  • Professional employees
  • Domestic or household workers
  • Sales personnel compensated on a commission basis
  • Employees of agricultural employers
  • Seasonal cotton gin workers where each employee is employed for not more than 14 weeks in a calendar year
  • Government employees
  • Employees paid on piecework, flat-rate, or commission basis
  • Non-college students working after school and during vacation
  • Employees under the age of 18 who are not students or high school graduates
  • G.I. bill trainees
  • Seasonal employees under certificates from the labor commissioner
  • Registered apprentices and learners
  • Foremen, superintendents, and supervisors
  • Volunteers for educational, charitable, religious, or nonprofit organizations
  • Live-in employees of charitable, religious, or nonprofit organizations for emotionally or developmentally disabled persons
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