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Labor codes/policies/laws confusion - New Mexico

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  • Labor codes/policies/laws confusion - New Mexico

    Question first, background second:

    Is there a maximum amount of time in any given day that a non-exempt employee is allowed to work? Addit

    Background:
    I work for an employer that has us scheduled 4 days on, 3 days off. The theory is 4 10hr days, with the reality being 4 12-20 hr work days. As employees, we had all been under the impression that there is a minimum 8 hours between shifts required. I've recently found out/been informed that there is no such law/code/statute, state or federal, which was surprising as I'd heard otherwise for years now.

    Coinciding with the revelation of the lack of a minimum time between shifts, my employer is claiming there is some statute or code in NM that says we are not allowed to work more than 16 hrs in a given day, and if we do, we have to come in late the following day, due to being unable to guarantee an 8am arrival time to our first customer the next day. This seems contradictory. After all, if there's no 8 hour minimum between shifts, there is nothing stopping us from making it in early enough the following day to meet our first customer arrival time.

    So is there in fact some statute/code/policy in New Mexico that dictates this?

  • #2
    What type of work do you do?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Satellite TV installations, so nothing super stressful or dangerous requiring X amount of rest.

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      • #4
        Then, there is no law one way or the other, regarding either how many hours can be worked in a row, nor how many hours you must have between shifts. The company can set such a policy however.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Just as an FYI, with limited industry specific exceptions where there is a significant public safety factor (think airline pilot and long haul trucker) NO state limits the number of hours that can be worked in a day. Two states limit the number of hours that can be worked in a week/pay period. I think it's seven states that limit the number of days that can be worked in a week.

          That's pretty much it. (None of the above states are New Mexico.)
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Thank you for the insights thus far.

            I'm noticing that NM has some poor/incomplete resources for viewing labor laws online. Does anyone know a resource that I may be missing, or am I going to need to get dead tree version if I want a copy?

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            • #7
              NM "DOL"
              http://www.dws.state.nm.us/

              NM laws - chapter 50 - employment/labor laws
              http://law.justia.com/newmexico/code..._ch50-e81.html
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Thank you for that 2nd link esp. It appears there is in fact a limitation, quoted here:

                50-4-30. Daily maximum hours of employment; exceptions.

                A.* * *No employee other than a fireman, law enforcement officer or farm or ranch hand whose duties require them to work longer hours, or employees primarily in a stand-by position, shall be required to work for any employer within the state more than sixteen hours in any one day of twenty-four hours except in emergency situations.***

                B.* * *Any person violating any of the provisions of this act [section] shall be guilty of a misdemeanor.***

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                • #9
                  Betty3 does it again.

                  We sit corrected.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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