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Question about overtime in New Mexico New Mexico

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  • Question about overtime in New Mexico New Mexico

    Greetigns and thank you for taking the time to read..

    My Father is 56 years old and has been informed he has to work 7 days a week at 12 hours a day. He was also told that he will only be paid overtime when he goes over 8 hours worked a day...i.e. he works 12 hours one day he gets paid 4 hours of over time.

    I thought any time over 40 hours a week was considered overtime by law, am I wrong? This was presented to him in writing.

    Thank you in advance.

  • #2
    New Mexico does not require overtime to be calculated on a daily basis; however, there is nothing to prevent an employer from doing so.

    The only problem I can anticipate would be if he worked over 40 hours in a week without ever going over 8 in a day. If, under those circumstances, they refused to pay him overtime he would be able to file a claim for unpaid overtime.
    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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    • #3
      Many thanks and that scenario you made is also in writing

      8 hours a day and on Saturdays and Sundays if he were to work the evening shift he would receive 10% pay increase on those days, but no overtime.

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      • #4
        He must be paid overtime if he works more than 40 hours in a workweek (excluding the hours that are already being paid as 1.5 overtime because he works over 8 hours in a day--that is not required under New Mexico law).
        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
          Originally posted by Pattymd View Post
          He must be paid overtime if he works more than 40 hours in a workweek (excluding the hours that are already being paid as 1.5 overtime because he works over 8 hours in a day--that is not required under New Mexico law).
          Thank you for your help, I guess the next step is to file a complaint against the company...

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          • #6
            The following is a webpointer to the federal overtime rules.

            http://www.dol.gov/esa/regs/compliance/whd/whdfs23.htm

            Just a thought, but not all employers mess up for the same reason. Some because they are knaves and some because they are merely fools. If you know which you are dealing with, you can tailor your response accordingly.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              DAW's post is dead on! (as usual)

              I have seen some companies deliberately ignore the law, but many act upon what they think is right. The latter, when shown the error of their ways, will make corrections.

              It may take as little as showing them a DOL fact sheet to make them see the light. It might take more than that.

              In any event, if the employer is an honest, law-abiding entity, it will do what is right. If not, it is not a good place to work.
              Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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