Millions Recovered
For Unpaid Workers
New Mexico law awards unpaid wages plus interest plus DOUBLE the amount on top — effectively triple recovery, with a 3-year lookback. See what you're owed.
No fees unless we win. We only get paid when you do.
Get an estimate of what you're owed in just 60 seconds. This calculator is based on federal FLSA laws and includes liquidated damages (double your unpaid wages).
Under NMSA § 50-4-26, an employer who violates the Minimum Wage Act owes your unpaid wages plus interest, plus an additional amount equal to twice the unpaid wages — effectively a 3x recovery. New Mexico also gives you 3 years to file, a full year more than the standard federal period.
| Provision | New Mexico Law | Federal FLSA | Which Applies? |
|---|---|---|---|
| Overtime Threshold | 40 hours/week (§ 50-4-22(D)) | 40 hours/week | Same standard |
| Minimum Wage | $12.00/hr statewide (Santa Fe higher locally) | $7.25/hr | New Mexico (65% higher) |
| Damages | Wages + interest + 2x liquidated (3x total) | Wages + 1x liquidated (2x total) | New Mexico (50% more) |
| Statute of Limitations | 3 years | 2 years (3 if willful) | New Mexico (no willfulness needed) |
| Tipped Minimum | $3.00/hr (must reach $12.00 with tips) | $2.13/hr | New Mexico (higher) |
NMSA § 50-4-26
New Mexico awards your unpaid wages plus interest plus twice the unpaid amount — $10,000 owed becomes a $30,000+ claim, plus attorney fees.
FLSA § 778.112
The Permian Basin runs on day rates — and day-rate workers who put in 60-80 hour weeks are almost always owed overtime on top. The Supreme Court's Helix decision confirmed even six-figure day-rate workers can be non-exempt.
NMSA § 50-4-22
New Mexico's minimum is $12.00 — and Santa Fe's local living wage is higher still (adjusted each March). Employers paying federal $7.25 owe the difference, trebled.
FLSA economic reality test
Oilfield hands, construction crews, and film production workers labeled "contractors" while controlled like employees are owed overtime and minimum wage.
29 C.F.R. Part 541
A salary and a title don't eliminate overtime rights. You must earn at least $684/week AND perform true executive, administrative, or professional duties.
FLSA + § 50-4-22
Travel between well sites, pre-shift safety meetings, post-shift equipment cleanup, unpaid on-call time — all compensable.
Violations: Day rates without overtime, misclassified consultants and hands, unpaid travel between sites in Lea and Eddy Counties.
Violations: Misclassified crew, unpaid prep/wrap time, 14-hour days without proper overtime on productions statewide.
Violations: Automatic lunch deductions, off-the-clock charting, unpaid travel for home health workers across rural New Mexico.
Violations: 1099 misclassification, day rates with no OT, unpaid travel between job sites.
Violations: Tip credit abuse in Albuquerque and Santa Fe, wrong local minimum wage applied, unpaid side work.
Violations: Misclassified drivers, unpaid loading/wait time along the I-40 and I-25 corridors.
1.5x your regular rate over 40 hours; minimum wage shortfalls to $12.00/hr
An additional amount equal to TWICE the unpaid wages (§ 50-4-26) — total recovery 3x
Interest on unpaid wages from the date they were due
The employer pays your legal fees separately — not from your recovery
If you're owed $20,000 in unpaid day-rate overtime:
New Mexico gives you 3 years to file wage claims — a year more than the standard federal period, with no need to prove willfulness.
⚠️ Don't wait — you lose older claims as time passes!
New Mexico combines a strong minimum wage with one of the most aggressive damages formulas in the country — and a longer window to use it.
💼 Free Case Review — No Fee Unless We Win
Use the calculator above to estimate what you're owed, then tell us about your situation.
Expert legal review of your overtime claim. No fees unless we win. Use the calculator above to estimate your recovery, then contact us for a detailed case analysis.