Employment · New Mexico

Can I sue for unpaid overtime in New Mexico?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in New Mexico?

free route

The Labor Relations Division of the Department of Workforce Solutions enforces payment of wages, minimum wage and overtime under the Wage Pay Act and the Minimum Wage Act, and it takes claims for unpaid wages and investigates them. The wage claim form is published in English and Spanish. If a previous claim of yours was closed or limited under the old limits, the Division runs a re-investigation route for exactly that.

source ↗Not yet checked against the statute.

Which court hears a case like this in New Mexico?

which court

Magistrate court

source ↗Checked against the statute on 2026-08-25

How much can you sue for in New Mexico small claims court?

small claims limit

$10,000

source ↗Checked against the statute on 2026-08-25

exceptions: Libel, slander and malicious prosecution cannot be heard here at any amount, and neither can a case that puts the title or the boundaries of land in question.

source ↗Checked against the statute on 2026-08-25

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in New Mexico. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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