Looking for a job may be a challenging process, and understanding wage and hour laws are at the heart of expectations. Work experience, knowledge, expectations for your salary, could be some of the greatest concerns for every person who is trying to land a new job. No matter if this is your first job after education, or you’re in between jobs, there is certain information about wage and hour laws that every citizen of New Mexico should know.
For instance, the minimum wage in this state is $10.50 per hour. Knowing the basic information can save you from many troubles later. If you lost your job recently, and your employer refuses to pay you for your overtime, or if you have any other concern that might keep you awake at night, maybe it’s time to talk to a New Mexico employment law attorney.
What Is the Minimum Wage in New Mexico?
As mentioned before, the minimum wage in New Mexico is $10.50 per hour. Does this minimum wage differ in the state for tipped employees? The FLSA permits employers to pay a lower hourly minimum wage, but if they allow the employee to get the wage and the tips they earn (the tips should add at least to a full minimum wage for each hour worked).
If the employer doesn’t give the employee the tips, then they must make up the difference. Employers can pay tipped employees an hourly wage of $2.13, as long as the employee’s tips make the total hourly wage up to the state minimum wage.
When Am I Entitled to Earn Overtime?
In the state of New Mexico, eligible employees must get overtime if they work more than forty hours per week. Not every job is eligible for overtime. Overtime pay is one and a half times an employee’s normal hourly wage. So the New Mexico’s overtime minimum wage is $15.75 per hour (one and a half times the regular state minimum wage of $10.50 per hour).
If you are earning more than the New Mexico minimum wage rate, you should get at least 1.5 times your regular hourly wage for all overtime worked. New Mexico exempts farm and agricultural workers and part-time cotton ginning workers from overtime pay.
Do I Have the Right to a Lunch or Rest?
New Mexico does not expect employers to provide lunch or rest breaks for their employees. You might be entitled to be paid if you have to do any work during a break (having to answer the phone while you eat lunch). In general, you are entitled to be paid for any short breaks (5-20 minutes). In such a case this time is considered part of your workday.
Wage and Hour Laws
Wage and hour laws establish the basic standards for pay and time worked; these laws are covering issues like minimum wage, tips, overtime, rest and meal breaks, what is counted as time worked, when you should be paid, the things your employer must pay for, and so on. Because of their importance, wage and hour laws should be understood by all employees in the state.
Where Do These Laws Come From?
The Fair Labor Standards Act (FLSA) is the federal law for wages and hours. Most states have their wage and hour laws and some local governments such as counties and cities, have their laws as well.
If an employer is subject to more than one law, they should follow the law that is more generous to the employee. For instance, if the federal minimum wage is $7.25 per hour, employers in states that have set a higher minimum wage must pay the higher amount.
Do You Need to Hire an Employment Law Attorney?
Many people don’t think that they should consult an employment law attorney, but these lawyers can be of great help to you. They will inform you about your rights, precisely tell you about your overtime pay, minimum wage, and other important things that you as an employee should know.
You may have a case against your employer if they refuse to pay you overtime or aren’t allowing you to have short breaks, or they refuse to give your tip. This means that you could file a lawsuit against the employer and seek what is yours. Many workers won’t do this out of fear, but the law is on your side and you should seek your rights.
Our team at FBD Law will explain everything to you and we’ll gladly stand by your side. Allow our team to review your case; call our office today.