New Mexico Overtime Calculator
Federal FLSA: 1.5× after 40 h/wk · enter your week below and see the exact split.
| Pay type | Hours | Rate | Pay |
|---|---|---|---|
| Straight time | 40.00 | $20.00/h | $800.00 |
| Overtime (1.5×) | 3.00 | $30.00/h | $90.00 |
Weekly overtime past 40 h/week only — New Mexico has no general daily overtime rule. Weekly overtime applied to 3.00 additional hour(s).
New Mexico overtime rules at a glance
| Rule | New Mexico |
|---|---|
| Daily overtime | No general daily threshold; weekly rules only |
| Weekly overtime | 1.5× after 40 hours |
| Double time | Not required by state law (employer policy may add it) |
| Authority | no general state overtime provision — 29 U.S.C. § 207 (FLSA) applies; Public Works Act adds OT on public projects |
The rules in detail
- 1.5× the regular rate after 40 hours in a workweek (federal FLSA standard)
New Mexico has no general state overtime rule, so the FLSA's 40-hour week applies to private-sector workers.
Enforcement: New Mexico Department of Workforce Solutions.
Worked example
An Albuquerque warehouse worker at $16/hour with a 42-hour week earns 2 × $24 overtime.
What New Mexico employers sometimes get wrong
On public works projects, however, state law requires overtime pay — a carve-out construction workers should know about.
Who is entitled to overtime
Overtime rules protect “non-exempt” employees. The main federal exemptions cover executives, administrators, professionals, outside salespeople and certain computer employees — provided their duties genuinely match the exemption and they clear the salary basis test. Job titles mean nothing: an “assistant manager” who mostly runs a register is still non-exempt in the eyes of the law.
In practice, most hourly workers in New Mexico are non-exempt and must receive overtime whenever the rules above trigger. Independent contractors are not covered — but misclassifying an employee as a contractor is one of the most common wage violations.
How to file an overtime claim in New Mexico
Check your pay stubs and hours against the calculator above first. If you believe you were shorted, you can file a wage claim with New Mexico Department of Workforce Solutions or a complaint with the U.S. Department of Labor’s Wage and Hour Division (dol.gov/agencies/whd). The FLSA lets you recover unpaid overtime going back two years (three for willful violations), often doubled as liquidated damages.
General information, not legal advice. Verify current rules with the U.S. DOL State Overtime Requirements table and New Mexico Department of Workforce Solutions.
Questions people ask
What are the overtime laws in New Mexico?
New Mexico has no general state overtime rule, so the FLSA's 40-hour week applies to private-sector workers. The practical rule: Federal FLSA: 1.5× after 40 h/wk. Source: no general state overtime provision — 29 U.S.C. § 207 (FLSA) applies; Public Works Act adds OT on public projects.
How is overtime calculated in New Mexico?
Multiply your regular hourly rate by 1.5 for every overtime hour. For example, at $20/hour a 45-hour week pays 40 × $20 + 5 × $30 = $950.
Do salaried employees get overtime?
Sometimes. A salary alone does not remove overtime rights — the employee must also perform exempt duties and (for the federal white-collar exemptions) clear the salary threshold. If the exemption tests fail, the employee is owed overtime regardless of pay format.
Does New Mexico require overtime on weekends or holidays?
Federal FLSA rules do not require premium pay for weekends or holidays unless total weekly hours exceed the overtime threshold. Some state or employer policies may be more generous.