State Law > New Mexico > New Mexico Overtime Pay Law

New Mexico Overtime Pay Law

 

New Mexico's law regarding overtime pay can be found in Chapter 50, Article 4 of the New Mexico Statutes Annotated.

50-4-22. Maximum hours and overtime. ....

C. No employee covered by the provisions of Subsection A of this section shall be required to work more than forty hours in any week of seven days, unless he is paid one and one-half times his regular hourly rate of pay for all hours worked in excess of forty hours. For an employee who is paid a fixed salary for fluctuating hours and who is employed by an employer a majority of whose business in New Mexico consists of providing investigative services to the federal government, the hourly rate may be calculated in accordance with the provisions of the federal Fair Labor Standards Act and the regulations pursuant to that act; provided that in no case shall the hourly rate be less than the federal minimum wage.

50-4-24. Exempt employers.

A. Any employer of workers engaged in the ginning of cotton for market, in any place of employment located within a county where cotton is grown in commercial quantities, and each employee is employed for a period of not more than fourteen weeks in the aggregate in any calendar year, is exempt from the overtime provisions of Subsection C of Section 50-4-22 NMSA 1978.

B. An employer of workers engaged in agriculture is exempt from the overtime provisions set forth in Subsection C of Section 50-4-22 NMSA 1978. As used in this subsection, "agriculture" has the meaning used in Section 203 of the federal Fair Labor Standards Act.

Eating Establishments

50-4-14. Emergency cases.

Nothing in Section 3 [50-4-13 NMSA 1978] of this act, shall be construed so as to prevent work in excess of ten hours per day in emergency cases; provided that in no one week of seven days shall there be permitted more than seventy-four hours of labor, and provided that work in excess of seventy hours of labor in any one week of seven days, shall be paid for on the basis of time and one-half for such excess.

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