New Mexico Overtime Laws
New Mexico has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$12.00
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
New Mexico follows federal weekly overtime rules.
State Labor Department
New Mexico Economy and Workforce
New Mexico's economy is powered by oil and gas production, tourism, and federal government spending. The state exported a record $12.0 billion of goods in 2024, with computer and electronic products accounting for $9.7 billion. Intel's semiconductor manufacturing expansion and a thriving film industry, with an annual economic impact exceeding $1 billion, continue to drive economic growth.
Industries with Common Overtime
These New Mexico industries frequently involve overtime work situations:
Oil and Gas Extraction
Workers in drilling, pipeline operations, and refinery work frequently log 50-70 hour weeks during peak production periods.
Film and Television Production
Production crews, set workers, and support staff often work 12-16 hour days during active filming schedules.
Healthcare
Nurses and hospital staff in both urban and rural facilities regularly work extended shifts to cover staffing shortages.
Tourism and Hospitality
Hotel and restaurant workers in Santa Fe, Albuquerque, and resort areas work overtime during peak tourist seasons.
Federal Government Contractors
Workers at national laboratories and military installations often accumulate overtime during project deadlines.
Frequently Asked Questions
New Mexico follows the federal Fair Labor Standards Act (FLSA) for overtime requirements. Non-exempt employees must receive 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. The state minimum wage is $12.00 per hour, making the overtime rate at least $18.00 per hour.
No, agricultural workers are exempt from overtime requirements under both New Mexico and federal law. This includes employees engaged in handling, drying, packaging, processing, freezing, or canning agricultural and horticultural commodities in their unmanufactured state.
Yes, mandatory overtime is legal in New Mexico. Employers can require employees to work overtime hours, and refusing to work mandatory overtime could result in disciplinary action or termination. However, employers must pay the proper overtime rate for all hours worked over 40 in a workweek.
How to File a Wage Claim in New Mexico
If you believe you are owed overtime pay, follow these steps:
First attempt to resolve the issue by asking your employer directly for the wages owed to you.
Download and complete the Wage Claim Form from the New Mexico Department of Workforce Solutions website.
Submit the form by mail, fax, email ([email protected]), or in person at any Department of Workforce Solutions office.
The Labor Relations Division will review your claim and may hold a hearing or bring a lawsuit on your behalf if warranted.
If successful, you may be awarded up to twice the amount your employer owes you, plus costs and attorneys' fees.
Important New Mexico Consideration
New Mexico has a significant population of workers employed by federal facilities, including Los Alamos National Laboratory and Sandia National Laboratories. These federal employees and contractors may be subject to different overtime rules under federal employment regulations rather than state law, and should verify their overtime eligibility with their specific agency or contractor.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.