We Fight for Justice Workers Denied Overtime in New Mexico

At Bustos Law Firm, P.C., our New Mexico unpaid overtime attorneys are knowledgeable, results-focused advocates for workers. With a deep understanding of the FLSA and New Mexico law, we are here to help you get the full and fair compensation you deserve for unpaid overtime, including back pay and potentially even liquidated damages. Contact our New Mexico overtime lawyer today for a free, no obligation consultation. 

New Mexico Follows the Federal Fair Labor Standards Act (FLSA)

New Mexico largely follows the Fair Labor Standards Act (FLSA) for overtime laws. The FLSA requires that non-exempt employees receive overtime pay at one and one-half times their regular rate of pay when they work more than 40 hours in a week. An employer can only classify a worker as exempt from overtime laws if he or she satisfies the salary and duties test of the professional, administrative, or executive exemption. New Mexico’s Minimum Wage Act (N.M. Stat. Ann. § 50-4-22(D)) mirrors the federal standard. However, state law can potentially apply to a broader range of employees in certain contexts. If you were not paid the full overtime rate that you earned, contact an experienced New Mexico employment lawyer for help.

New Mexico Overtime Lawyers fighting for unpaid wages. Call 806-515-4951 for a free consult with Bustos Law Firm, P.C. today.

Damages for Unpaid Overtime in New Mexico 

If you are a worker who was not paid full and proper overtime in New Mexico, it is imperative that you understand the damages that you can pursue through an employment law claim. There are three main categories of damages under the FLSA and New Mexico law: 

  • Unpaid Overtime Wages: In New Mexico, an employer that violates the FLSA (29 U.S.C. § 207) must pay the full amount of overtime compensation owed. Your claim begins with the difference between what you were paid and what the law required. Courts calculate this using your regular rate and total hours worked over 40 in each workweek.
  • Liquidated Damages: The FLSA authorizes liquidated damages equal to the unpaid overtime. Simply explained, that can result in a doubling of back pay. An employer can avoid this penalty only by proving both subjective good faith and objectively reasonable compliance efforts. Otherwise, a worker gets their unpaid overtime doubled. 
  • Legal Costs, Including Attorneys’ Fees: Finally, employees can see legal costs, including attorneys’ fees, as part of their unpaid overtime claim. It is important because the provision of fee-shifting helps to ensure that more money gets into your pocket in a successful case. 

Why Workers Trust Our New Mexico Unpaid Overtime Attorneys

Did you put in long overtime hours? It is a must that you are paid the full overtime wages that you earned. At Bustos Law Firm, P.C., we hold employers accountable for violations of the FLSA and New Mexico law. Our overtime attorney New Mexico invests time, resources, and attention to detail into each and every case that we take on. You can get double back pay for overtime violations. Do not go it alone: Contact an overtime wage and hour lawyer today to get started. 

Unpaid Overtime Claims in New Mexico: Frequently Asked Questions (FAQs)

Q. How is overtime pay calculated in New Mexico?

A. Under the FLSA and New Mexico state law, overtime pay is compensation at one and one-half times your regular rate for hours worked over 40 in a workweek.

Q. How is the “regular rate” calculated for overtime purposes?

A. The regular rate includes all pay for employment, not just base hourly wages. To be clear, bonuses, commissions, and certain incentives must be included unless specifically excluded by statute.

Q. Who is eligible for overtime pay?

A. Employees are eligible unless they meet a specific exemption under the FLSA. The law sets both a salary test and a duties test for an exemption. Employers cannot simply choose who is exempt. 

Q. Do I get overtime for working weekends or holidays in New Mexico?

A. Overtime is based on total hours worked in a workweek, not the day those hours occur. Working weekends or holidays does not automatically lead to higher pay. That type of arrangement is offered by some employers in New Mexico, but it is voluntary. Overtime starts after 40 hours in a week.

Contact Our New Mexico Unpaid Overtime Attorney for a Confidential Consultation

At Bustos Law Firm, P.C., our New Mexico wage and hour lawyers have the skills and experience to help workers navigate unpaid overtime claims. If you were denied the full overtime pay that you earned, we are here to help. Call us at 806-696-8285 or contact us online for a free, no obligation consultation. Our firm handles unpaid overtime claims throughout New Mexico.