What workers are not entitled to overtime pay?

Under New Mexico’s Wage and Hour Law, not all workers are eligible to receive overtime pay. Certain employees may be exempt from overtime pay, meaning they do not have the right to overtime pay for any hours worked beyond 8 hours in a workday or 40 hours in a workweek. These workers include salaried executive, administrative, and professional employees; certain people in computer-related occupations; outside sales people; and workers employed in certain seasonal and recreational businesses. In addition, certain family members of the employer, such as parents, children, siblings, and spouses, are not entitled to overtime pay. Other workers who are not entitled to overtime pay include commissioned sales people with a written agreement, workers in certain agricultural occupations, and most volunteers. In New Mexico, as in all other states, employers must comply with the law when setting pay policies for their workers. If workers are in doubt about whether or not they are eligible for overtime pay, they should speak to their managers to ensure their rights are protected.

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