I live in New Mexico. My employer has 24 people on his staff. He says that since he donesn't have 25 employees he is not required to pay us over time wages. This is a food service establishment and from what I understand on the DOL website is that he does have to pay overtime. I have been at this job for over a year and it is really starting to stink to work 50-60 hours a week and not get anything more. Does he have to pay overtime? Thanks.

He's wrong, and yes he does. It is nearly impossible for anything but a little mom-and-pop operation to be exempt from the FLSA.
http://www.dol.state.nm.us/dol_qlid.html

I would file a claim with the NM Dept. of Labor for unpaid overtime. If he's doing this to you, he's doing it to others, and he obviously has no clue.

Good luck.