New Mexico Employment Law
Employment Lawyers Representing Workers in New Mexico
If you are an employee looking for an Employment Lawyer in New Mexico, look no further than the New Mexico employment lawyers at Herrmann Law. The New Mexico employment lawyers at Herrmann Law are the go-to employment lawyers for employees in New Mexico. Our firm only represents workers and is the law firm New Mexico workers choose when they need legal representation for employment law issues in New Mexico. We have the experience, attention to detail, and in-depth knowledge of the complex ins and outs of employment laws and labor laws in New Mexico. Our firm only represents workers—our employment law attorneys have the experience and know-how to effectively advocate for employees and win.
Herrmann Law is an employee-focused employment law firm that represents employees in New Mexico in all types of employment law-related disputes. We have experience representing employees in New Mexico in lawsuits against their employers for unpaid wages, unpaid overtime, minimum-wage violations, off-the-clock work, overtime misclassification issues, salary-exempt status, unpaid tips and illegal tip pools, illegal tip theft, unpaid commissions, unpaid gratuities, and various other types of employment-related disputes.
New Mexico Overtime Laws
New Mexico employees are entitled to protection under both, federal laws and New Mexico employment laws. Under federal law, the Fair Labor Standards Act (commonly shortened to “FLSA”) is a wage and overtime law that provides workers across the United States, including workers in New Mexico, the right to a fair day’s pay for a fair day’s work.
Under the FLSA, employees in New Mexico and across the United States are generally required to be paid for overtime wages at one and one-half times the regular rate for all hours over 40 hours in each 7-day week. Employees, including New Mexico employees, are generally entitled to overtime in New Mexico even if where the employer agreed to pay you a salary, day rate, piece rate, by the mile, or some other fixed rate of pay that is not dependent upon the forty (40) hour workweek. Employees in New Mexico are generally entitled to overtime compensation regardless of any agreement to be paid a salary or whether you agreed to be paid at some other fixed rate of pay.
New Mexico Wage Laws
In addition to the federal wage and overtime law, employees in New Mexico are entitled to additional protection under a New Mexico law known as the New Mexico Wage Act. The New Mexico Wage Act provides New Mexico workers with additional wage and overtime protections.
For instance, truck drivers in New Mexico are generally entitled to be paid overtime. Workers in New Mexico enjoy far wider protections and more New Mexico workers are entitled to be paid wages for all time spent working and paid overtime wages for all hours worked after 40 hours in a 7-day workweek.
As one example, unlike federal law, which exempts many truck drivers from the protections of the FLSA, under the New Mexico Wage Act, New Mexico truck drivers are covered by the New Mexico state law—guaranteeing New Mexico truck drivers overtime pay and guarantees them the right to be paid for all hours worked.
Truck drivers in New Mexico are generally entitled to be paid overtime wages for all hours worked over 40 hours in each 7-day week. In addition, under the New Mexico Minimum Wage Act, New Mexico truck drivers are entitled to be paid for all hours worked, including all unpaid wait time and downtime that is common among so many truckers across the United States. But New Mexico truck drivers are entitled to be paid for all time worked as guaranteed by the New Mexico Minimum Wage Act.
It is not uncommon for employers in New Mexico to violate the federal and New Mexico wage and overtime laws. Regardless of whether an employer intentionally or purposely ignored the requirements of federal and New Mexico wage and overtime laws, employers are obligated to comply with the law and pay New Mexico workers in accordance with the law.
Many employers in New Mexico keep their employees working long past that forty-hour mark, refusing to compensate employees at the legally required overtime rate of pay. New Mexico Employees paid on a salary basis are particularly vulnerable to the lack of overtime compensation, as are other workers that are paid on a “day rate” or some other rate that fails to compensate workers additional wages for overtime after 40 hours in each 7-day workweek.
Herrmann Law handles wage and overtime cases in New Mexico on behalf of New Mexico employees including:
- Unpaid Wages under New Mexico and federal law
- Overtime Wages under New Mexico and federal law
- Salary-Exemptions under New Mexico and federal law
- Workers in New Mexico Misclassified as Independent Contractors
- Off the clock work for workers in New Mexico
- Unpaid Overtime for workers in New Mexico
- Illegal Deductions for workers in New Mexico
- Illegal tip pools for workers in New Mexico
- Unpaid Side-work for workers in New Mexico
- And many more wage and overtime issues for New Mexico employees….
Many employers and employees in New Mexico mistakenly believe that an employee who is paid a salary, or some other rate of fixed pay, that the forty-hour mark no longer applies to their work. This leads to the incorrect assumption that overtime is not owed to New Mexico employees working on a salaried pay schedule, or a day-rate payment system. Employers in New Mexico often incorrectly refer to the employees they hire under these terms, as “salary exempt.”
The problem with the use of the phrase “salary exempt” in New Mexico is that this phrase is used as a catch-all for employees paid by a day rate, salaries, or some other fixed rate of pay that fails to account for additional compensation for overtime hours. Just as often, employers in New Mexico will use the phrase “salary-exempt” to intentionally and purposefully avoid paying employees the overtime wages they are legally entitled to be paid under federal law or New Mexico law, or both. Oftentimes, employees in New Mexico are not actually “salary exempt” or “overtime exempt” and are therefore being stiffed by their employers for overtime wages for work they have done and are legally entitled to be paid under New Mexico and federal law. In other words, workers in New Mexico oftentimes do not receive the overtime wages that they are rightfully owed and required by New Mexico law.
The “salary exempt” qualifications are very complicated and technical in nature, and often rather tricky to understand. The employment law attorneys at Herrmann Law are dedicated to representing workers across the United States, including workers in New Mexico, to recover their unpaid wages and overtime pay as guaranteed by federal law and New Mexico law.
If you have questions about your wages, including your right to be paid overtime in New Mexico, give the overtime lawyers at Herrmann Law a call today at 817-479-9229 and learn more about your rights as a worker in New Mexico and how you recover the wages you are owed. You can also fill out our contact form with your case details and someone from our law firm will contact you.
New Mexico Employment Law Attorneys
If you feel you are being treated unfairly by your employer, are owed back wages, being stiffed on your tips or gratuities, are not being paid for overtime, or for any other employment-related dispute there is no reason why you cannot give the employment lawyers at Herrmann Law a call: 817-479-9229. We are an employee-focused law firm and want to help you protect your rights in the workplace!
Often employees in New Mexico will continue to work in situations where they are not receiving fair compensation for their labor because they feel their employer will retaliate against them for seeking a lawyer’s help in litigating their overtime, wage, or other employment dispute. What many employees do not know is that workers in New Mexico are protected by retaliation laws, called anti-retaliation protections.
These anti-retaliation laws seek to protect an employee from retaliation, allowing employees the right to seek a lawyer’s aid and assistance in determining the extent of their wage, overtime, or other employment-related claims. These anti-retaliation laws were enacted to prevent employers from taking adverse action by terminating the employer-employee relationship.
In addition to assisting employees in New Mexico who have been illegally retaliated against, the employment lawyers at Herrmann Law also assist New Mexico employees with various types of claims under federal and New Mexico law:
- Sexual Harassment
- Hostile Work Environments
- Non-Compete Agreements
- Family Medical Leave Act disputes
- Wrongful Termination
- And more!
A law firm like Herrmann Law can provide the expertise workers in New Mexico need to effectively represent workers with employment law claims against their employers. We are an employee-focused law firm—our employment law attorneys are ready, willing, and able to assist you.
Call the employment lawyers at Herrmann Law today at 817-479-9229 to schedule a consultation about your case! You can also fill out our contact form with your case details and someone from our law firm will contact you.
New Mexico Unpaid Wage Laws
There are many types of wages: tips, gratuities, service charges, commissions, deductions, salary pay, hourly wages, and other forms of compensation that employers are legally required to pay their employees. In the world of New Mexico employment law, understanding the federal wage laws can make or break an employee. Employers and employees do not always see eye-to-eye on what type of compensation is fair for a certain type of work. Many New Mexico employees are owed wages or other compensation, and they don’t even know it! So often employers misunderstand or misinterpret the law, depriving employees of wages that employees are legally entitled to under federal law.
Herrmann Law frequently provides litigation aid and assistance to employees in New Mexico for the following types of Unpaid Wage issues:
- Unpaid Wages in New Mexico
- Unlawful Tip Pooling in New Mexico
- Unpaid Tips in New Mexico
- Unpaid Gratuities in New Mexico
- Illegal Time Clock Rounding in New Mexico
- Unlawful Wage Deductions in New Mexico
- Unpaid Commissions in New Mexico
- New Mexico Paycheck Laws
- And many other New Mexico employment law claims. . .
Call the employment lawyers at Herrmann Law today at 817-479-9229 to schedule a consultation and find out if you are entitled to unpaid wages! You can also fill-out our contact form with your case details and someone from our law firm will contact you.
What to do if you think your employer in New Mexico is violating the law.
If you think your New Mexico employer is violating your rights, not paying you overtime or stiffing you on your wages, or that you might be facing discrimination or other unlawful actions by your employer, contact the Employment Lawyers at Herrmann Law at 817-479-9229. You can also fill out our contact form with your case details and someone from our law firm will contact you.
The employment law attorneys at Herrmann Law take a hands-on approach and inject a strong work ethic into every employment case that Herrmann Law handles. We instill a blue-collar mentality and strong work ethic into the way each and every case at the firm is handled, which has been a recipe for success for our clients, helping numerous employees across the United States, including employees in New Mexico, receive the justice they deserve.
Contingent Fee Lawyers for New Mexico Workers
If we decide your case is a good fit, we will offer to represent you on a contingent fee basis—meaning you will not pay any fees or expenses unless there is a recovery. In other words, if we agree to represent you on a contingent fee, we will only get paid out of any money that is recovered! As contingency fee lawyers, if we do not recover anything, there will be no fee for our representation—you will not owe us anything for our time or expense if we fail to recover anything for you.
Call us today: 817-479-9229. You can also fill out our contact form with your case details and someone from our law firm will contact you.