Overtime: New Mexico
Federal law and guidance on this subject should be reviewed together with this section.
Authors: Quentin Smith and Barbara G. Stephenson, Sheehan & Sheehan, P.A.
- 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.