Legal Question in Employment Law in New Mexico

Workday

Is there a restriction on how many hours an employer can tell you to work? Employers must pay overtime if employees work more than 40 hours in a week but do employees have to work after they have worked 40 hours in one week?


Asked on 12/02/06, 8:06 pm

2 Answers from Attorneys

David Anderson Anderson Business Law LLC

Re: Workday

You don't have to work one more hour than you want. Of course, Employer doesn't have to keep you on the payroll either.

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Answered on 12/02/06, 11:31 pm
Keith Stern Shavitz Law Group

Re: Workday

Federal law (and most states' laws) contains no limit on the number of hours an employer can ask/require you to work. There are provisions covering child labor, but outside of those, if the requirements of a job as set by an employer dictate long hours, you have the practical option of looking for work elsewhere if you should choose to do so. Otherwise, the law requires only that the employer pay you time and a half of your regular rate of pay for all hours worked over 40 in most instances.

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Answered on 12/03/06, 12:09 pm


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