Under New Mexico overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in New Mexico — only the weekly total counts. The minimum wage is $12.00. This guide gives the exact new mexico overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against New Mexico Department of Workforce Solutions, Labor Relations Division on 2026-10-08; confirm the current rule with New Mexico Department of Workforce Solutions, Labor Relations Division or an attorney before you rely on it.
New Mexico Overtime Laws at a Glance
| Minimum wage | $12.00 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New Mexico — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This New Mexico Overtime Laws Guide:
New Mexico Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New Mexico — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under New Mexico Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $12.00 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
New Mexico Overtime Laws at a Glance
Rules verified against New Mexico Department of Workforce Solutions, Labor Relations Division on 2026-10-08; confirm the current rule with New Mexico Department of Workforce Solutions, Labor Relations Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $12.00 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New Mexico — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From New Mexico Overtime Laws
New Mexico generally exempts bona fide executive, administrative and professional employees, as well as forepersons, superintendents and supervisors. State law also leaves out salespeople and workers paid by piecework, flat-rate schedules or commission, which is broader than federal law. Under the federal salary-basis test, most white-collar exemptions also require a minimum weekly salary, so you may still qualify for overtime if your pay or duties do not meet that test.
Daily Overtime and New Mexico Overtime Laws
New Mexico has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. New Mexico law has no comp-time option for private employers. Under federal law, private employers generally must pay overtime in cash, not in paid time off later.
Is Overtime Taxed Differently Under New Mexico Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. For tipped workers, overtime is generally figured from the full state or local minimum wage, not the lower cash wage.
The employer may subtract only the same tip credit it uses for regular hours.
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How to Claim Unpaid Overtime Under New Mexico Overtime Laws
A New Mexico worker can file a wage claim for unpaid overtime with the Labor Relations Division of the New Mexico Department of Workforce Solutions, using the state’s wage claim form online, by mail or in person. Workers may also file with the U.S. Department of Labor’s Wage and Hour Division under the federal Fair Labor Standards Act.
The New Mexico Minimum Wage Act generally allows a longer look-back when unpaid wages are part of a continuing pattern, so confirm your filing window with the agency before you file.
Other New Mexico Overtime Laws Rules to Know
Albuquerque, Santa Fe city and county, and Las Cruces each set their own local minimum wage, and that local rate can raise the regular rate used to figure overtime. The New Mexico Minimum Wage Act also bars retaliation against workers who file a wage claim or ask about their pay.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact New Mexico Department of Workforce Solutions, Labor Relations Division
New Mexico — the bottom line
- New mexico overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under new mexico overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- New mexico overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under New Mexico overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New Mexico — only the weekly total counts.
What is the overtime rate in New Mexico?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does New Mexico have daily overtime?
No daily overtime in new mexico — only the weekly total counts.
Can my employer give comp time instead of overtime pay in New Mexico?
New Mexico law has no comp-time option for private employers. Under federal law, private employers generally must pay overtime in cash, not in paid time off later.
How do I claim unpaid overtime in New Mexico?
A New Mexico worker can file a wage claim for unpaid overtime with the Labor Relations Division of the New Mexico Department of Workforce Solutions, using the state’s wage claim form online, by mail or in person. Workers may also file with the U.S.
Official New Mexico Sources & Resources
- New Mexico Department of Workforce Solutions, Labor Relations Division: https://www.dws.state.nm.us/Labor-Relations
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This new mexico overtime laws guide was last verified against official New Mexico sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More New Mexico Workplace Rights Guides
- New Mexico Break Laws: Meal and Rest Breaks
- New Mexico Final Paycheck Law: Deadlines and Penalties
- New Mexico Labor Laws: Every Rule in One Place
- New Mexico Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.