Claiming Unpaid Overtime Wages in New Mexico
Am I eligible to collect unpaid overtime from my employer?
The New Mexico overtime minimum wage is $13.50 per hour, one and a half times the regular minimum wage of $9.00. If you earn more then the New Mexico minimum wage rate of $9.00, you are entitled to at least 1.5 times your regular hourly wage for all overtime worked.
If your employer has failed to pay you a proper overtime wage for any amount of qualifying overtime worked, you are eligible to receive back wages and possibly additional damages from your employer.
The Fair Labor Standards Act (FLSA) explicitly protects New Mexico workers who file an overtime complaint from being penalized by their employer for filing the complaint with threats, suspension, or firing. The statute of limitations for filing an overtime claim is two years, although this is increased to three years in the case that your employer willfully and knowingly broke the law in failing to compensate you for overtime worked.
How can I collect back wages if my employer owes me overtime?
After checking to ensure that your job is not exempt from overtime under New Mexico law, the next step to take in filing an unpaid overtime claim is submitting an official complaint including all pertinent information to your local Department of Labor office. If the New Mexico Department of Labor cannot solve your overtime case, you can file a civil claim with the New Mexico state court system by levying an unpaid overtime lawsuit against your employer.
Contacting the Department of Labor in New Mexico Regarding Unpaid Overtime
If you believe you are owed unpaid overtime, or think your employer is not complying with other labor laws, your first point of contact is your local field office of the Federal Department of Labor. There are one field offices located in New Mexico.
Contact the office nearest to you, and they will be able to advise you of your legal rights and your next steps. You may want to have your employer's information and any relevant paystubs available. Remember, it is illegal for your employer to punish you for speaking to the Department of Labor! You can find contact information for the New Mexico Department of Labor here.
Mailing Address: US Dept. of Labor Wage and Hour Division P.O. Box 907 Albuquerque, NM 87103-0907 Physical Address: 500 Gold, SW - Suite 12000 Albuquerque, NM 87102
George Watkins, District Director
P: (505) 248-6100
New Mexico Min Wage - $9.00 per hour as of 2020