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New Mexico Overtime Laws

New Mexico Overtime Laws


Quick Guide to New Mexico’s Overtime Laws

New Mexico Overtime Laws

New Mexico’s overtime laws are provided under the state’s legislature, and most employees are covered by these NM overtime laws unless their employment falls under the Fair Labor Standards Act. 

Under §50-4-22(d) of the statutes on NM overtime laws, an employee must work at least 40 hours before receiving one and one-half (1 ½) times the hourly wage.  More analysis of New Mexico’s overtime laws is discussed throughout this article as well. 

You will find information in this article about New Mexico overtime laws on overtime minimum wage, wage claims for violations of overtime laws from an employer, exemptions under the FLSA, and more.  

What is the minimum overtime wage under NM Overtime Laws?

According to NM overtime laws on minimum wage, the current overtime minimum wage is $11.25 exactly.  If you have worked more than 40 hours a week, unless you’re in a certain profession, your employer is required to pay you overtime rates according to New Mexico overtime laws.  

If you believe your employer has violated New Mexico’s overtime laws, you will find information about filing a claim at the end of this article.  

Are there exemptions under New Mexico Overtime Laws?

If an employee is covered by the Fair Labor Standards Act, they may receive an overtime minimum wage of $10.88 according to New Mexico’s overtime laws.  NM overtime laws provided by the following document under the Department of Workforce Solutions also provides exemptions for minimum wage and New Mexico overtime laws unless they fall under the FairPay Act and make less than $23,660 per year: 

The exemptions for minimum wage under New Mexico’s overtime laws are listed below: 

• domestic employee in a private home

• a bona fide executive, administrative or professional person

• an individual employed by the United States

• voluntary services for educational, charitable, religious or nonprofit services

• salespersons or similar employees in NM that receive mainly commission

• students working after school hours or on vacation

• registered apprentices and learners 

• persons 18 or under that are not registered in some type of schooling

• persons 18 or under that have not graduated from secondary school

• G.I. bill trainees while under training

• certain seasonal employees

• certain employees employed in agriculture in New Mexico

• an employee in handling, drying, packing, packaging, processing, freezing or canning of any type of Agriculture or horticultural commodity

• employees of charitable, religious or nonprofit organizations who reside on the premises of the organizations

There may be other exemptions under New Mexico’s overtime laws as well.  Contact the Department of Workforce Solutions if you have any questions about NM overtime laws.  

Filing a Wage Claim for Violation of New Mexico Overtime Laws

In order to file a wage claim for unpaid wages set by NM overtime laws, and employee should visit the following website

You will find forms required by New Mexico’s overtime laws, and depending on your location, you may have to file the form to a different address.  The mailing address is located on the form for your area, and if your claim for violation of NM overtime laws is approved, there will be a hearing and legal action if the employer refuses to pay certain wages.  

Before filing a claim for a violation of New Mexico overtime laws, an employee is always encouraged to try and settle the dispute with the employer before taking legal action, and rights under the Public Employee Bargaining Act allow the employee to bargain for higher wages and benefits.