Is my employer allowed to force overtime?

UPDATED: Oct 1, 2022

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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

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


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

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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