[Download] "New Mexico Department of Labor v. A.C. Electric" by New Mexico Court of Appeals # Book PDF Kindle ePub Free

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Title: New Mexico Department of Labor v. A.C. Electric
Author : New Mexico Court of Appeals
Release Date : January 28, 1998
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 69 KB

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APPEAL FROM THE DISTRICT COURT OF SAN JUAN COUNTY Byron Caton, District Judge OPINION {1} In this case of first impression, the Court is asked to interpret the provision for overtime pay in New Mexico's Minimum Wage Act (MWA). NMSA 1978, §§ 50-4-19 to -30 (1955, as amended through 1996). Applying established principles of statutory interpretation, we determine that overtime pay is mandatory when an employee covered by Section 50-4-22(A) of the MWA works more than forty hours in a seven-day week with the employer's knowledge and consent, and where there is any pressure by the employer, however subtle, to perform such work. Because we determine that the district court applied an incorrect legal standard in this case, we reverse and remand for further proceedings consistent with this opinion. I. BACKGROUND