What provisions does the FLSA provide for overtime pay?
The Fair Labor Standards Act (FLSA) is a law that covers wage and hour requirements, including overtime pay, for workers in the United States. In New Mexico, all covered employers must abide by the provisions of the FLSA. Under the FLSA, most workers are entitled to overtime pay at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. So if a worker is making $10 an hour, then they are entitled to $15 an hour for overtime work. In addition, employees working in certain industries, such as hospitality and amusement, are entitled to overtime pay for all hours worked over 8 in a workday. The FLSA also contains provisions for certain employees to be exempt from overtime pay, such as executive, administrative, professional, computer, and outside sales employees. However, even if an employee is exempt from overtime pay, they are still entitled to receive their regular rate of pay for all hours worked. The FLSA also requires that employers keep accurate records of employees’ hours worked and the wages paid. These records must be available for inspection by the U.S. Department of Labor’s Wage and Hour Division. In summary, the FLSA provides workers in New Mexico with the right to receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek, or over 8 in a workday for certain industries. Certain employees may also be exempt from overtime pay, but still must be paid their regular rate of pay for all hours worked.
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