No doubt like similar statutes in other states, the New Mexico Minimum Wage Act (MWA) requires an employer to pay overtime wages for hours worked in excess of forty hours in "any week of seven days." In 2013, the New Mexico Court of Appeals has concluded that "any week of seven days," which is not defined in the MWA, "means
Attorney, arbitrator, mediator and ALJ Pilar Vaile discusses updates and issues of interest in Labor and Employment law, from the perspective of an ADR Professional. For more information on the author, please see www.pilarvailepc.com.
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Showing posts with label minimum wage. Show all posts
Showing posts with label minimum wage. Show all posts
Monday, July 20, 2015
FLSA & NM Wage Law--What is "Any Week of Seven Days"?
Labels:
Fair Labor Standards Act,
FLSA,
minimum wage,
MWA,
wage and hour,
work week,
workweek
Tuesday, July 10, 2012
FLSA--What is Compensable Work??
As labor/employment practitioners know, the Fair Labor Standards Act, governing the payment of minimum wages and overtime, is silent as to the definition of "work." In the Spring 2011 issue of the ABA Journal of Labor and Employment Law, Richard Alfred and Jessica Schauer argue that recent case law and a Department of Labor (DOL) Administrator's Interpretation has potentially opened the floodgate for claims regarding de minimus but arguably "integral and indispensible" activities, such as checking or sending emails, prior to the start of the workday. See Alfred and Schauer,
Labels:
Alvarez,
compensable,
de minimus,
excludable,
exertion,
FLSA,
indispensible,
integral,
minimum wage,
overtime,
Tennessee Coal,
work,
workday
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