A. An employer of workers engaged in the ginning of cotton for market, in a place of employment located within a county where cotton is grown in commercial quantities, is exempt from the overtime provisions of Subsection D of Section 50-4-22 NMSA 1978 if each employee is employed for a period of not more than fourteen weeks in the aggregate in a calendar year.
B. An employer of workers engaged in agriculture is exempt from the overtime provisions set forth in Subsection D of Section 50-4-22 NMSA 1978. As used in this subsection, “agriculture” has the meaning used in Section 203 of the federal Fair Labor Standards Act of 1938.
C. An employer is exempt from the overtime provisions set forth in Subsection D of Section 50-4-22 NMSA 1978 if the hours worked in excess of forty hours in a week of seven days are:
(1) worked by an employee of an air carrier providing scheduled passenger air transportation subject to Subchapter II of the federal Railway Labor Act or the air carrier’s subsidiary that is subject to Subchapter II of the federal Railway Labor Act;
(2) not required by the employer; and
(3) arranged through a voluntary agreement among employees to trade scheduled work shifts; provided that the agreement shall:
(a) be in writing;
(b) be signed by the employees involved in the agreement;
(c) include a requirement that an employee who trades a scheduled work shift is responsible for working the shift so agreed to as part of the employee’s regular work schedule; and
(d) not require an employee to work more than: 1) thirteen consecutive days; 2) sixteen hours in a single work day; 3) sixty hours within a single work week; or 4) can be required as provided in a collective bargaining agreement to which the employee is subject.
History: 1953 Comp., § 59-3-22.2, enacted by Laws 1975, ch. 275, § 1; 1999, ch. 98, § 1; 2013, ch. 216, § 1.
ANNOTATIONS
Repeals. — Laws 2015, ch. 21, § 1 repealed Laws 2013, ch. 216, § 2, effective June 19, 2015. Laws 2013, ch. 216, § 2 repealed and enacted a new 50-4-24 NMSA 1978, which was to become effective July 1, 2015. For provisions of former section, see the 2014 NMSA 1978 on NMOneSource.com.
Cross references. — For the federal Fair Labor Standards Act, see 29 U.S.C. § 201 et seq.
The 2013 amendment, effective July 1, 2013, permitted airline employees to voluntarily trade shifts; exempted airlines from the requirements of paying employees one and one-half times an employee’s hourly rate of pay for each hour worked over forty hours in any week of seven days in which the airline has no required overtime hours and employees have voluntarily traded hours; in Subsection A, after “commercial quantities”; deleted “and ” and added “is exempt from the overtime provisions of Subsection D of Section 50-4-22 NMSA 1978 if”, and after “calendar year”, deleted “is exempt from the overtime provisions of Subsection C of Section 50-4-22 NMSA 1978; and added Subsection C.
The 1999 amendment, effective June 18, 1999, added the Subsection A designation, updated a statutory reference, and added Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Who is executive, administrator, supervisor, or the like, under exemption for such employees from state minimum wage and overtime pay statutes, 85 A.L.R.4th 519.
Who is “employee employed in agriculture” and therefore exempt from overtime provisions of Fair Labor Standards Act by § 13 (b)(12) of Act (29 U.S.C.A. § 213(b)(12)), 162 A.L.R. Fed. 575.