New Mexico Overtime Exemptions and Wage Claim Preference

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New Mexico has updated the mandatory state Minimum Wage Act poster to reflect changes in coverage and enforcement provisions. The posting now references the exclusion of workers in agriculture and certain airline employees from overtime pay requirements. The posting also includes new remedial options available to employees for violations of the Minimum Wage Act.

There are several qualifications to the new airline employee exemption. The employees must be parties to a written shift-trading agreement, their work schedule must fall within statutory limits and the overtime is not required by the employer. This exemption will expire on July 1, 2015.

Another new New Mexico law makes wage claim lawsuits a court hearing priority. Specifically, civil actions and appeals to collect unpaid or underpaid wages are given court hearings at the earliest possible date and are entitled to a preference over all other civil actions, to the same extent as civil actions to collect unemployment contributions.

Finally, beginning July 1, 2014, New Mexico employers will also be required to post a new poster relating to Human Trafficking and victim resources. Employers can pre-order a new New Mexico All-On-One Labor Law poster with the updated Minimum Wage Act and new Human Trafficking posting available soon. Meanwhile, employers can print and post the new Minimum Wage posting next to their current New Mexico All-On-One Labor Law poster.