N.M. Code R. § 1.7.4.14 - OVERTIME
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.
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