Hours worked
New Mexico’s minimum wage law requires employers to pay employees for all hours worked but does not address what constitutes hours worked for purpose of its minimum wage and overtime requirements. Its law governing the employment of day laborers defines hours worked as time spent by a day laborer actually working. This includes any time spent preparing for work at the employer’s premises or designated workplace that is required by the employer. NM Regs. 11.6.1.7(G) New Mexico also relies on the federal Fair Labor Standards Act for guidance related to hours worked. NM Investigations Manual – Labor Relations Division
Workweek
New Mexico labor laws do not address what constitutes a workweek for purposes of it minimum wage or overtime requirements. Because most employers and employees are subject to the federal Fair Labor Standards Act, the standards set for by that law relate to what constitutes a workweek may provide reasonable guidance.
Waiting time
New Mexico labor laws do not specifically address when employers must count employee waiting time as hours worked for purposes of its minimum wage and overtime requirements. New Mexico relies on the federal Fair Labor Standards Act for guidance related to waiting time. NM Investigations Manual – Labor Relations Division
On-call time
New Mexico labor laws do not specifically address when employers must count employee on-call time as hours worked for purposes of its minimum wage and overtime requirements. New Mexico relies on the federal Fair Labor Standards Act for guidance related to on-call time. NM Investigations Manual – Labor Relations Division
New Mexico labor laws governing the employment of day laborers requires employers to pay day laborers for on-call time if the laborer is required to remain at the day laborer service agency’s premise or at a third-party employer’s premises while waiting to work. NM Admin. Code 11.6.1.7(G)
Sleeping time
New Mexico labor laws do not specifically address when employers must count employee sleeping time as hours worked for purposes of its minimum wage and overtime requirements. New Mexico relies on the federal Fair Labor Standards Act for guidance related to sleeping time. NM Investigations Manual – Labor Relations Division
Travel time
New Mexico law requires employers to count an employee’s travel time as hours worked if the travel is part of the employee’s principal activity, including traveling from job site to job site. NM Admin. Code 11.1.4.7(I). Also, New Mexico relies on the federal Fair Labor Standards Act for guidance related to travel time. NM Investigations Manual – Labor Relations Division
Meeting, lecture, and training time
New Mexico labor laws do not specifically address when employers must count time spent by employees at meetings, lectures, or training as hours worked for purposes of its minimum wage and overtime requirements. New Mexico relies on the federal Fair Labor Standards Act for guidance related to time spent by employees at meetings, lectures, or training. NM Investigations Manual – Labor Relations Division
Show up or reporting time
New Mexico law does not require employers to pay employees for reporting or showing up to work if no work is performed. An employer is also not required to pay an employee a minimum number of hours if the employer dismisses the employee from work prior to completing their scheduled shift. Employers are only required to pay employees for hours actually worked.
