Is my employer allowed to force overtime?

In the state of New Mexico can my
employer force me to stay until ‘the job
is done?’ If not is there a law I can
provide to my company that shall ‘force’
them to respect my rights? I also know
they may retaliate against me after
providing this information to them,
providing that there is such a law can I
also get the law stating that your
employer shall not do such a thing upon
providing information that such rights
exist?

Asked on November 21, 2018 under Employment Labor Law, New Mexico

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, your employer can require that you stay "until the job is done". That is unless you have an employment contract or union agreement that prohibits such a mandate. Absent that, your company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination). That having been said, if you are "non exempt, (i.e tyically a owrker who is paid hourly), then you must be paid for all time that you work. Additionally, if that puts you over 40 hours in your work, week then you must be paid overtime for those hours.


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