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New Mexico Overtime: What you need to know

Under New Mexico's overtime law, an employer must pay each employee overtime in the amount of 11/2 times the employee's regular pay rate for hours worked in excess of 40 per workweek (NM Stat. Sec. 50-4-22(C)). Since this rate is the same as that prescribed by the federal law, the net effect of the state law is to extend overtime protection to workers not covered by the federal standard. Neither law requires overtime pay for hours worked in excess of 8 hours a day.
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Several occupations and industries are exempt from New Mexico's overtime provisions, including (NM Stat. Sec. 50-4-21):
• 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
• Noncollege 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 mentally retarded or emotionally or developmentally disabled persons
• Executive, administrative, and professional employees as defined by federal law
New Mexico employers must post the provisions of the state overtime law in a conspicuous location in the workplace. A poster that satisfies this requirement is available free of charge from:
For additional information, contact:

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New Mexico Overtime Resources

Overtime Products

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FLSA Overtime: MakingYour Way Through the Exempt/Nonexempt Minefield
This Special Report is designed to provide you with an examination of the overtime regulations, an explanation of how they differ from the old regulations, valuable tips for bringing your workplace into compliance in an affordable manner, and an overall review of who and what the FLSA covers."
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