If you are a truck driver in New Mexico, you may be eligible for overtime pay. Unlike federal law, New Mexico law does not have an overtime exemption for motor carriers. That means truck drivers are often covered by New Mexico’s overtime law.
If you are a New Mexico truck driver paid hourly or salary, you may be owed time-and-a-half of your regular rate of pay when you work more than 40 hours in a week. Even if you are paid on a piecework or flat rate basis, you may still be entitled to overtime pay if you also receive hourly pay or other compensation. You may also be owed overtime pay if your employer misclassified you as an “independent contractor,” but under the law you were really an employee.
If you work as truck driver in New Mexico and have not been paid overtime pay, please contact Werman Salas P.C., to discuss whether you are owed overtime pay.