Overtime Pay in New Mexico

State-specific overview · Employment Law

Quick summary

New Mexico requires overtime pay at 1.5 times the regular rate for hours over 40 per week.

How New Mexico treats Overtime Pay

New Mexico's wage and hour law follows the federal Fair Labor Standards Act standard, requiring employers to pay overtime for all hours worked beyond 40 in a workweek. The overtime rate must be at least 1.5 times the employee's regular rate of pay. Certain employees, including those in executive, administrative, and professional roles, may be exempt from overtime requirements if they meet specific salary and duty tests. Employers must maintain accurate records of hours worked and wages paid.

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The general definition of Overtime Pay

Compensation at an increased rate for hours worked beyond the standard workweek, typically 1.5 times the regular wage.

Overtime pay is extra compensation that employers must provide when employees work more than a certain number of hours per week, usually 40 hours. Under federal law, overtime must be paid at one and a half times the employee's regular hourly rate (called "time and a half"). Some states require overtime for hours over 8 in a single day or for the seventh consecutive day worked. Certain employees, like managers and salaried professionals, may be exempt from overtime requirements. Employers who fail to pay overtime owe back wages plus penalties.

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This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Mexico.