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New Mexico’s Minimum Wage Act, which addresses overtime pay requirements, does not create an exemption for those employed in the trucking industry. Therefore, even truck drivers who may be exempt from overtime under the federal Fair Labor Standards Act should be entitled to overtime pay under New Mexico state law. Multiple appellate courts have found that federal law does not preempt state law in overtime pay cases.

Citations

['Compensation']
['Transportation Overtime Exemptions']
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