New Mexico Compensation Time Laws
Posted by Carolyn
New Mexico compensation time laws specifically state that a private employer cannot give compensation time instead of overtime pay. Comp, compensation, or compensatory time as it is sometimes referred to is time off with pay in lieu of overtime pay for overtime hours worked. Overtime laws fall under the Federal Fair Labor Standards Act which says that all non-exempt employees should be paid at a rate of one and a half times their regular rate of pay for all hours worked in excess of forty in a given week. If an employee works more than 40 hours a week, a private employer might arrange for comp time if the time off is taken within the same pay period as the overtime work.
Public employers may allow employees to receive 1.5 hours off in the future for each hour of overtime worked. New Mexico compensation time laws allow employers can require employees to take compensatory time within a reasonable time or lose it. Those in law enforcement or fire protection receive a partial exemption in that those employers in the public sector can establish a work period ranging from seven to twenty eight days, rather than the standard workweek. For those exemptions overtime is paid on excess hours for work period, for fire protection it is based on an average of 7.57 hours a day and for law enforcement officials an average of 6.11 hours a day.
For all others New Mexico compensation time laws fall under the federal provisions and require that one and one half hours be given for all hours worked in excess of forty whether it is in the form of cash payment or compensation time. The maximum number of hours that can be accrued for compensation time is 240. Employers may set the amount, as less but any thing in excess must be paid out at the overtime rate.
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