Compliance
Home Care Overtime Rules: What Agencies Owe Caregivers
Since 2015, home care agencies must pay caregivers overtime after 40 hours in a workweek. How the rule works, what counts as hours worked, and which states add daily overtime.
New Mexico overtime rules for home care workers
Last verified October 28, 2026 · All New Mexico resources
In New Mexico, overtime is time-and-a-half after 40 hours in a workweek. The state minimum wage is $12.00 an hour. The federal Home Care Rule bars agencies from the companionship and live-in exemptions, though the Department of Labor stopped enforcing it against agencies in July 2025 while it considers undoing it. New Mexico's own law also requires overtime for agency caregivers, so they would still be owed it if the federal rule is undone.
What are New Mexico's overtime and minimum wage rules?
| Minimum wage | $12.00 an hour |
|---|---|
| Weekly overtime | After 40 hours |
| Daily overtime | None |
Does New Mexico law require overtime for agency caregivers?
Yes. New Mexico requires 1.5 times the regular rate after 40 hours (NMSA 50-4-22), removed its domestic service exclusion in 2019, and has no exclusion for companions or for workers covered by the federal law. Workers paid by piecework, flat rate or commission are excluded, so check per-visit pay plans.
Does New Mexico have special rules for home care workers?
Senate Bill 85 (2019) removed the exclusion of domestic service in private homes from the New Mexico Minimum Wage Act (NMSA 50-4-21), so domestic workers, including home caregivers, are covered by state minimum wage and overtime rules.
Calculate a week of overtime in New Mexico
Preset with New Mexico's daily overtime rule. Enter each day's hours across all clients.
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Sources
More for New Mexico
Overtime rules by state: other states
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