{"id":375159,"date":"2017-09-14T15:20:00","date_gmt":"2017-09-14T20:20:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/new-mexico-law\/new-mexico-overtime-laws.html"},"modified":"2022-12-27T15:04:48","modified_gmt":"2022-12-27T20:04:48","slug":"new-mexico-overtime-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/new-mexico-law\/new-mexico-overtime-laws.html","title":{"rendered":"New Mexico Overtime Laws"},"content":{"rendered":"\n
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New Mexico Overtime Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Chris Meyers, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Even though New Mexico has its own state overtime law provisions<\/a>, they precisely follow the federal overtime law provisions of the Fair Labor Standards Act<\/a> (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.<\/p>\r\n

New Mexico Overtime Law Overview<\/h2>\r\n

The below chart summarizes important aspects of New Mexico overtime laws.<\/p>\r\n\r\n

State and Federal Statutes<\/b><\/p>\r\n<\/td>\r\n

Overtime Calculation Methods:<\/b><\/p>\r\n<\/td>\r\n

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  • Hourly<\/b>: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.<\/li>\r\n<\/ul>\r\n
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    • Hourly Plus Bonus and\/or Commission<\/b>: 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.<\/li>\r\n<\/ul>\r\n
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      • Salary:<\/b> Regular rate = Salary divided by the number of hours the salary is intended to compensate.
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        • 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.<\/li>\r\n
        • If the regular hours = 40: Pay time and a half for hours over 40.<\/li>\r\n<\/ul>\r\n<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Exempt from FLSA<\/b><\/p>\r\n<\/td>\r\n