Overtime Calculator New Mexico

New Mexico overtime law matches the federal FLSA: 1.5 times pay after 40 hours a week, no daily overtime rule. Enter your rate and hours for an accurate New Mexico paycheck estimate.

Rules verified November 2026 · Sources: U.S. Department of Labor, New Mexico Department of Workforce Solutions

By Mudassir Khan

Quick answer

New Mexico requires 1.5 times the regular rate for hours over 40 in a workweek, matching the federal Fair Labor Standards Act, with no daily overtime rule. The state minimum wage is $12.00 an hour in 2026, and wage claims go to the Department of Workforce Solutions, Labor Relations Division, within 3 years.

Your New Mexico week

Federal FLSA rules, New Mexico framing. Each workweek stands alone.

$/hr
hrs
Gross pay this week (45.0 hrs)$950.00
Regular pay (first 40 hrs)$800.00
Overtime pay at 1.5x (5.0 hrs)$150.00
your overtime rate$30.00/hr

New Mexico wage claims go to the Department of Workforce Solutions, with a 3 year window. Estimates only. Not tax, legal, or payroll advice. Confirm with your employer or a qualified professional.

How overtime works in New Mexico

1 · State law mirrors the FLSA

The New Mexico Minimum Wage Act requires 1.5 times the regular rate for hours over 40 in a workweek, exactly like the federal rule. No daily overtime and no stricter weekly rule sit on top of it.

2 · Watch the city rates

The state floor is $12.00, but several cities go higher: Santa Fe and Santa Fe County set $15.40 from March 1, 2026, and Las Cruces set $13.01. Employers must pay the highest rate that applies to the work location.

3 · The 3 year window

New Mexico gives 3 years to bring a wage and hour claim, longer than the federal 2. Courts can award double the unpaid wages plus interest for minimum wage and overtime violations.

The New Mexico formula (federal math)
Gross = (40 × rate) + (hours over 40 × rate × 1.5)

Rules at a glance, 2026

RuleNew Mexico
Overtime ruleState law mirrors the FLSA: 1.5 times pay after 40 hours in a workweek
Minimum wage 2026$12.00 an hour statewide (tipped cash wage $3.00; Santa Fe $15.40, Las Cruces $13.01)
State income taxGraduated, top 5.9%
Claim agencyNew Mexico Department of Workforce Solutions, Labor Relations Division
Claim deadline3 years

Worked examples

WorkerMathGross
$12/hr, 45 hours$480 + 5 × $18$570.00
$27/hr, 50 hours$1,080 + 10 × $40.50$1,485.00
$20/hr, 44 hours$800 + 4 × $30$920.00
$12/hr, 60 hours$480 + 20 × $18$840.00

Example 1 runs off the $12 state floor. Santa Fe workers use the higher $15.40 city rate instead, so the same 45 hour week there pays $616 in regular pay plus 5 overtime hours at $23.10.

New Mexico specifics worth knowing

The city rates change the math. Santa Fe's $15.40 living wage and Las Cruces's $13.01 minimum both beat the $12 state floor in 2026. Overtime for a Santa Fe minimum wage worker runs off $15.40, not $12, so location decides the premium.

Violations can cost double plus interest. Courts can order the full underpaid wages plus interest, plus an additional amount equal to twice the underpaid wages. That multiplier makes underpayment far more expensive than just making it right.

Final pay on discharge is fast. When an employee is fired, unpaid wages become due immediately on demand and must be paid within 5 days. Missing that date starts the clock on the continuing wage penalty.

Like New Mexico, Texas runs on the same overtime math: our Texas overtime calculator shows it at a $7.25 floor, and the Oklahoma overtime calculator covers another neighbor on federal rules. The federal baseline is explained in the FLSA overtime rules guide.

Common mistakes

Mistake 1: Using the $12 state rate in Santa Fe or Las Cruces. The city rates are higher, $15.40 in Santa Fe and $13.01 in Las Cruces. Minimum wage overtime math must run off the city rate, not the state floor.
Mistake 2: Expecting daily overtime. New Mexico has no daily overtime rule. A 12 hour shift earns nothing extra unless the week passes 40 hours.
Mistake 3: Treating the window as 2 years. New Mexico allows 3 years for wage and hour claims, longer than the federal 2. The extra year can rescue an older dispute.
Mistake 4: Settling for just the missing wages. The law allows double the underpaid amount plus interest. Accepting only the missing premium can leave the penalty on the table.

Frequently asked questions

Does New Mexico have its own overtime law?

Yes, and it mirrors the federal rule: the New Mexico Minimum Wage Act requires 1.5 times the regular rate for hours over 40 in a workweek, for nonexempt employees. There is no daily overtime rule.

Where do I file an unpaid overtime claim in New Mexico?

With the Labor Relations Division of the New Mexico Department of Workforce Solutions, or in court. You have 3 years from the violation to bring the claim.

What is the minimum wage in New Mexico in 2026?

$12.00 an hour statewide, with a $3.00 cash wage for tipped workers. Santa Fe and Santa Fe County set $15.40, and Las Cruces set $13.01.

Is there daily overtime in New Mexico?

No. New Mexico has no daily overtime rule. Only the weekly line matters: hours over 40 in a workweek earn 1.5 times the regular rate, no matter how long any single day was.

Does New Mexico tax overtime pay?

Yes, as ordinary wage income. The top individual rate is 5.9% in 2026.

Can a salaried New Mexico employee earn overtime?

Yes, if nonexempt. A salary alone does not remove overtime rights in New Mexico. Only employees who pass the FLSA exempt duties and salary tests can be denied overtime pay.

Want the same math without the New Mexico framing? Use the overtime pay calculator. Want the same math without the New Mexico framing? Use the overtime pay calculator. Curious what the no tax on overtime deduction does to a New Mexico paycheck? Try the deduction calculator, with a 5.9% top state rate the federal deduction matters here.