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Overtime: New Mexico

Overtime requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Quentin Smith and Barbara G. Stephenson, Sheehan & Sheehan, PA

Summary

  • Nonexempt employees in New Mexico are entitled to receive overtime pay at one and one-half times the employee's regular rate of pay. See Overview.
  • The regular rate of pay may not be based on more than 40 hours per week. See The Regular Rate.
  • Employers may establish a fixed workweek for the purposes of calculating overtime pay due to its employees. See Defining the Workweek.
  • New Mexico law does not allow employers to avoid overtime obligations by utilizing alternative work periods. See Alternative Work Periods.
  • New Mexico law also does not allow employers to avoid overtime obligations by allowing for compensatory time instead of overtime pay. See Compensatory Time.