exempt/non exempt how to classify? New Mexico

[wrenchheadk]

In the state of new mexico, what are the qualifiers for exempt employees. Meaning - how many employees overall are required before you can have some as exempt?

Is there a certain # of employees that are needed?
Is there any way to protect ourselves when we are exempt employees? Protect against unfair request from the employers (no actual examples at this time).

any help that can be given would be greatly appreciated - Thank you in advance.

KH

[DAW]

The number of employees does not matter. What matters is the nature of the job duties done by the employee and sometimes the nature of the industry. Overtime and minimum wage are mostly a function of a federal law called FLSA. Generally speaking all employees are inherently Non-Exempt until and unless the employer can find a specific exempt classification that offers and exceptions. There are in total something like 100 different exempt classifications exceptions defined in the FLSA. Some of the more commonly used exceptions are the so-called White Collar exceptions. Many/most of the other exceptions are industry specific.

[Eng&SafetyMGR]

New Mexico defers to Federal for Exempt status;

http://www.dws.state.nm.us/dws-faq.html

I can't find my FLSA links for some reason but just search the site for "exempt" and you'll find everything you need.

[Pattymd]

Protecting yourself against what?

[wrenchheadk]

understanding the economic situation here in albuquerque is right in line with the rest of the country, I'm worried that my employer will try to take advantage of this situation. Already he has us working 14 hour days, 6 days a week, and forwarding all after hour calls to our personal cell phones. As of Monday 12/22 he cut all of the managers pay, and drop the health insurance. I'm worried that he may impose more "requests" on us.

Personally have a young family - oldest being 4 yrs, youngest being 1 yr. I know that jobs are limited, search every day,

I can understand not making any money, having to make changes to keep the company afloat, and I'm willing to do some part. I'm not willing to give my life over to this company - with the possibility of still having to get a second job and losing more time with the family.

again I know the current job situation and know that I need to do everything I can to keep the one I have, but my employer is one of those guys that will continue to get everything he can.

my biggest fear is that he will usurp my family time to "keep money in his pocket."

maybe I should look harder to find other employment.

thanks.