New Mexico law requires that any non-exempt individual working more than 40 hours in any given workweek must be paid one and one-half times the regular hourly rate of pay for those extra hours.

No, there is nothing under New Mexico state law that requires an employer to give meal or rest breaks. If an employer permits breaks, those that last less than 20 minutes must be paid.

If you cannot afford a lawyer, you can file a wage claim with the New Mexico Department of Labor’s Labor and Industrial Division; however, you must attempt to resolve the situation by asking your employer for the wages owed to you. You file a claim by filling out a Wage Claim Form. The form and more information about filing a claim can be found here. The Division can hold a hearing regarding your claim or, if necessary, bring a lawsuit on your behalf. If your employer has failed to pay you the minimum wage or your overtime pay, and the Division brings your case to court, the court may award you twice what your employer owes you.

Do not delay in contacting the New Mexico Department of Workforce Solutions’ Labor Relations Division to file a claim if you cannot afford an attorney. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for that agency to act on your behalf, you must file with the Division as soon as possible. There is no deadline to file a wage claim with the Labor and Industrial Division, but you should not wait once you have a valid claim. Doing so may prevent the Division from taking action on your behalf in state court (see below for statutes of limitation on court actions).

If you are able to afford an attorney, the appropriate way for you to pursue a wage claim is to file it in court; you can file either with a Magistrate or in Metropolitan Court. If your claim is based on a failure to pay minimum wage or overtime, a court can order that your employer pay you double what is owed to you, as well as costs and attorneys’ fees. If it is another kind of wage-and-hour claim, it is less clear what the court can award you beyond what you are owed; you should consult with your attorney about this issue. The statute of limitations for overtime claims is one year. There is no specific statute of limitations for other wage-and-hour claims, which means that the general statute of limitations of four years may apply. However, this is not certain, and you should discuss this with your lawyer.