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

New Mexico Statute Â§ 50-4-22
Fair Labor Standards Act (FLSA) overtime provision

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

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.