New Mexico overtime is generally time-and-a-half after 40 hours in a workweek, under NMSA §50-4-22. — Source
Minimum-wage data used for examples comes from the registry effective January 1, 2023.
New Mexico wage and hour
New Mexico Overtime Calculator
Enter daily hours and a straight-time hourly rate. The calculator applies the verified weekly threshold from the registry and adds only the extra overtime premium, so hours are not paid twice.
Who this rate applies to: Single statewide $12.00/hr in NMSA §50-4-22(A); tipped workers $3.00/hr under current bracketed text. Local ordinances may set higher rates but were not re-verified here.
Source The headline rate may not apply to every worker. New Mexico has worker- or employer-class exceptions in the registry. Use the hourly-rate field for the rate that applies to the worker and verify coverage before relying on the estimate.
Worked example
Weekly overtime calculation
A New Mexico employee works 45 hours at $12.00/hr\nWeekly overtime hours = 45 − 40 = 5\nOvertime premium = 5 × regular rate × 0.50
What this does not determine
- Whether a worker is exempt from overtime under state or federal law.
- Whether an industry-specific threshold, agricultural rule, residential rule, collective-bargaining agreement, or public-contract rule changes the result.
- Whether tips, commissions, bonuses, shift differentials, or multiple hourly rates were included correctly in the regular rate.
- Whether local minimum-wage ordinances or special worker classes change the straight-time rate used in the calculator.
- Penalties, wage-claim deadlines, interest, attorneys' fees, or agency filing strategy.
Sources and verification
New Mexico overtime data is read from src/data/states.json. The verified weekly threshold is 40 hours, the multiplier is 1.5×, and the source is the cited registry source. Values marked unverified in the registry render no calculator.
Common questions
Does New Mexico have its own state overtime law?
Yes. NMSA § 50-4-22(D) requires time-and-a-half for hours over 40 in a workweek. This is a state statute that mirrors the FLSA but gives New Mexico workers an independent state-law remedy. The New Mexico Department of Workforce Solutions enforces it.
Does New Mexico require daily overtime like Colorado?
No. New Mexico has only the weekly-40 threshold under NMSA § 50-4-22(D). Colorado's COMPS Order #40 adds daily overtime after 12 hours in a workday and after 12 consecutive hours. New Mexico workers doing a 13-hour shift have no daily overtime — only the weekly total toward 40 hours counts.
How does the $3.00 tipped minimum wage affect overtime in New Mexico?
New Mexico's tipped minimum wage is $3.00/hr (25% of $12.00). For overtime calculations, the worker's regular rate must reflect their actual effective hourly compensation including tips. If a tipped worker's cash wage plus tips doesn't average at least $12.00/hr, the employer owes a makeup — and overtime is calculated on that $12.00 floor rate.
Where do I file an overtime complaint in New Mexico?
The New Mexico Department of Workforce Solutions (dws.nm.gov) enforces NMSA § 50-4-22. Note that the dws.nm.gov site sometimes returns access errors; the statute text is also available directly from nmlegis.gov. The U.S. DOL Wage and Hour Division handles federal FLSA claims. Both avenues are available to New Mexico workers.