N.M. Admin. Code § 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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