New Mexico Overtime Laws
By FindLaw Staff | Legally reviewed by Chris Meyers, Esq. | Last reviewed December 27, 2022
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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:
Exempt from FLSA
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.
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:
Research the Law
- Official State Codes
- New Mexico State Laws
- New Mexico Employment Laws
- State Minimum Wage & Overtime Laws
Denied Overtime Pay in New Mexico? Talk to an Employment Attorney Today
Even though New Mexico overtime laws closely follow the FLSA, there may be some nuances that may be hard to discover. If you want to learn more about New Mexico overtime laws or think your employer owes you overtime pay, it may be in your best interests to speak with a New Mexico employment law attorney.
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