New Mexico Department of Labor v. A.C. Electric, Inc.
New Mexico Court of Appeals
1Opinion of the Court
OPINION
ARMIJO, Judge.
{1} In this case of first impression, the Court is asked to interpret the provision for overtime pay in New Mexico’s Minimum Wage Act (MWA). NMSA 1978, §§ 50^1-19 to -30 (1955, as amended through 1996). Applying established principles of statutory interpretation, we determine that overtime pay is mandatory when an employee covered by Section 50-4-22(A) of the MWA works more than forty hours in a seven-day week with the employer’s knowledge and consent, and where there is any pressure by the employer, however subtle, to perform such work. Because we determine that the…
Also in this document: Concurrence.
2Cases cited16 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- West Coast Hotel Co. v. ParrishSupreme Court of the United States · 1937
- Adkins v. Children's Hospital of ColumbiaSupreme Court of the United States · 1923
- State Ex Rel. Helman v. GallegosNew Mexico Supreme Court · 1994
- State v. AttawayNew Mexico Supreme Court · 1994
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3Cited by16 opinions
- Santa Fe Custom Shutters & Doors, Inc. v. Home Depot U.S.A., Inc.New Mexico Court of Appeals · 2005
- Director, Labor & Industrial Division, New Mexico Department of Labor v. Echostar Communications Corp.New Mexico Court of Appeals · 2006
- Armijo v. FedEx Ground Package Sys., Inc.District Court, D. New Mexico · 2018
- Corman v. JWS of N.M., Inc.District Court, D. New Mexico · 2018
- Rivera v. McCoy Corp.District Court, D. New Mexico · 2017
11 more not listed; retrieve them via the Exa API.