Albuquerque, NM asked in Employment Law for New Mexico

Q: My usual workday is 10 hours; 6am-4:30pm, the last two of which are overtime hours. The polling closes at 7pm.

Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?

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1 Lawyer Answer

A: Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted to deduct time from your schedule in the above scenario.

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