N.M. Admin. Code § 10.12.4.14
Current through Register Vol. 35, No. 17, September 10, 2024
Section 10.12.4.14 - OVERTIMEA. The office is responsible for the evaluation of each employee's position and duties in order to determine their overtime status as set forth under the FLSA.B. The office 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 in accordance with the internal complaint process to the human resource director. The human resource director shall notify employees in writing of the appeal decision within 30 calendar days. The employee may file an appeal of the human resource director's decision to the chief within 30 calendar days of the human resource director's decision. The office shall notify employees that their appeal to the chief 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 department.D. The office shall maintain a record on each employee containing information required by the provisions of the FLSA.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 chief 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 FLSA 29 U.S.C. Sections 201 to 262 for covered, non-exempt employees.G. The department 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.The department 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 10.12.4.17 NMAC, annual leave taken in accordance with the provisions of Subsection F of 10.12.7.8 NMAC, and administrative leave for voting taken in accordance with the provisions of Subsection C of 10.12.7.14 NMAC shall also count as time worked in the consideration of overtime for FLSA covered, non-exempt employees.J.The department shall pay FLSA covered, non-exempt employees for overtime worked unless the employee, in advance, agrees in writing to compensatory time off. Non- exempt 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 FLSA may be compensated for overtime at the discretion of the chief and subject to budget availability.L.Any additional regular hours worked shall not be substituted for approved paid leave time during the same week additional regular hours were worked.N.M. Admin. Code § 10.12.4.14
Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015