New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 7 - WASTEWATER AND WATER SUPPLY FACILITIES › Part 4 - PAY › Section 1.7.4.14 - OVERTIME

Current through Register Vol. 35, No. 13, July 16, 2024
A. Agencies are
				responsible for the evaluation of each employee's position and duties in order
				to determine their overtime status as set forth under the Fair Labor Standards
				Act.
B. Agencies shall provide
				documentation to employees as to the determination of their overtime
				status.
C. Employees have the right
				to appeal the determination of their overtime status according to the
				provisions of
				1.7.6.13 NMAC.
				Agencies shall notify employees in writing of their appeal decision within 30
				calendar days. The employee may file an appeal of the agency's decision to the
				director within 30 calendar days of the agencies decision. Agencies shall
				notify employees that their appeal to the director must be in writing and must
				include the reason(s) why the employee believes he or she is improperly
				identified for overtime coverage. The appeal must include documentation
				describing the work currently being performed by the employee and any other
				relevant information. All information contained in the appeal shall be verified
				by the employing agency.
D.
				Agencies shall maintain a record on each employee containing information
				required by the provisions of the Fair Labor Standards Act.
E. Workweek is a period of time which begins
				at 12:01 a.m. Saturday, and ends at 12:00 midnight, the following Friday. The
				director may approve an alternative workweek.
F. Time worked in excess of 40 hours during
				the designated workweek shall be compensated in accordance with the provision
				of the Fair Labor Standards Act for Fair Labor Standards Act covered,
				non-exempt employees.
G. Agencies
				shall not change the workweek to avoid payment of overtime. A change to the
				scheduled work hours within the workweek shall not be considered a change to
				the workweek.
H. Agencies shall
				determine the need for employees to work overtime, and be responsible for
				authorizing overtime work.
I. Paid
				holiday leave in accordance with the provisions of Subsection A of
				1.7.4.17 NMAC, annual
				leave taken in accordance with the provisions of Subsection F of
				1.7.7.8 NMAC, and
				administrative leave for voting taken in accordance with the provisions of
				Subsection C of
				1.7.7.14
				NMAC shall also count as time worked in the consideration of overtime for Fair
				Labor Standards Act covered, non-exempt employees.
J. Agencies shall pay Fair Labor Standards
				Act covered, non-exempt employees for overtime worked unless the employee, in
				advance, agrees in writing to compensatory time off. Employees may accrue a
				maximum of 240 hours of compensatory time, unless otherwise authorized by
				statute and shall be paid for accrued compensatory time upon
				separation.
K. Employees not
				covered or exempt from the overtime provisions of the Fair Labor Standards Act
				may be compensated for overtime if an agency's policy permits.
L. Any additional regular hours worked shall
				not be substituted for approved paid leave time during the same week additional
				regular hours were worked.