New Mexico law exempts bona fide executive employees from its minimum wage and overtime requirements. NM Statute 50-4-21(C)(2) To qualify as an exempt executive employee, an employee must:
- have primary duties that require performing nonmanual work related to managing the business;
- exercise discretion;
- regularly assist executive, or perform specialized work, special assignments; and
- spend less than 20 percent of their time performing nonexempt work.
New Mexico law exempts bona fide administrative employees from its minimum wage and overtime requirements. NM Statute 50-4-21(C)(2) However, New Mexico does not define criteria for an employee to be deemed an administrative employee. The standards set forth by the federal Fair Labor Standards Act regarding administrative employees may provide reasonable guidance.
New Mexico law exempts bona fide professional employees from its minimum wage and overtime requirements. NM Statute 50-4-21(C)(2) However, New Mexico does not define criteria for an employee to be deemed an administrative employee. The standards set forth by the federal Fair Labor Standards Act regarding professional employees may provide reasonable guidance.
Outside salesman exemption
New Mexico’s law does not specifically exempt outside salesmen from its minimum wage and overtime requirements. However, outside salesmen may fall within New Mexico’s minimum wage and overtime exemption for salespersons who are compensated by piecework, by flat rate schedules, or on a commission basis. NM Statute 50-4-21(C)(5).
Computer employee exemption
New Mexico minimum wage law does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage or overtime requirements.
Other minimum wage and overtime exemptions
New Mexico exempt the following employees from its minimum wage and overtime requirements:
- individuals working in domestic service in or about a private home;
- individuals working for educational, charitable, religious or nonprofit organizations where the services are rendered on a voluntarily basis and an employer-employee relationship does not, in fact, exist. The employer-employee relationship does not exist with respect to individuals being served for purposes of rehabilitation by a charitable or nonprofit organization, notwithstanding the payment to the individuals of a stipend based upon the value of the work they perform;
- salespersons or employees compensated upon piecework, flat rate schedules or commission basis;
- G.I. bill trainees while under training;
- individuals working as seasonal employees for an employer that obtains and holds a valid certificate issued annually by the Labor Relations Division of the Workforce Solutions Department. The certificate shall state the job designations and total number of employees to be exempted. The director shall consider the following when approving or disapproving an application for an exemption:
- if the employment is at an educational, charitable or religious youth camp or retreat;
- whether the employment will be of a temporary nature;
- if the individuals will be furnished room and board in connection with such employment, or if the camp or retreat is a day camp or retreat, the individuals will be furnished board in connection with such employment;
- the purposes for which the camp or retreat is operated;
- the job classifications for the positions to be exempted; and
- any other factors that the director deems necessary to consider.
- individuals working in agriculture:
- if the individuals work for an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agricultural labor;
- if the individuals are parents, spouses, children, or other members of the employer’s immediate family; for the purpose of this subsection, the employer shall include the principal stockholder of a family corporation;
- if the employee: 1) works as a hand-harvest laborer and is paid on a piece-rate basis in an operation that has been, and is customarily and generally recognized as having been, paid on a piece-rate basis in the region of employment; 2) commutes daily from the employee’s permanent residence to the farm on which the employee is so employed; and 3) has been employed in agriculture less than thirteen weeks during the preceding calendar year;
- if the individuals, other than an employee described immediately above this paragraph: 1) is sixteen years of age or under and is employed as a hand-harvest laborer, is paid on a piece-rate basis in an operation that has been, and is generally recognized as having been, paid on a piece-rate basis in the region of employment; 2) is employed on the same farm as the employee’s parent or person standing in the place of the parent; and 3) is paid at the same piece-rate as employees over age sixteen are paid on the same farm; or
- if the employee is principally engaged in the range production of livestock or in milk production;
- individuals engaged in the handling, drying, packing, packaging, processing, freezing or canning of any agricultural or horticultural commodity in its unmanufactured state; or
- individuals working for charitable, religious or nonprofit organizations who reside on the premises of group homes operated by such charitable, religious or nonprofit organizations for persons who have a mental, emotional or developmental disability.
Overtime only exemptions
New Mexico exempt individuals working for the state or any political subdivision of the state from its overtime requirements. NM Statute 50-4-21(C)(3).