Ever get a text from your boss telling you to “stay ready” tonight? You might be owed money for that. A lot of workers don’t know this.
On-call time confuses almost everyone. Employers get it wrong. Workers get it wrong too. Let’s fix that today.
What Is On-Call Time?
On-call time means you’re not actually working, but you have to be ready to work. Your phone has to be on. You might need to show up fast if you get the call.
Sounds simple, right? Here’s where it gets tricky. Whether you get paid for that waiting time depends on how free you really are.
Basic On-Call Laws in New Mexico
The Federal Rule That Actually Controls Things
New Mexico doesn’t have its own on-call law. Stay with me here, this matters a lot.
Instead, New Mexico follows the federal Fair Labor Standards Act, known as the FLSA. This law decides whether your on-call hours count as paid work time.
The test is simple. Are you free to live your life while on call? Or are you basically stuck?
Wondering if this applies to you? If you can run errands, watch your kid’s soccer game, or nap on your couch while on call, you probably won’t get paid for that waiting time. If you have to stay at the workplace or nearby, unable to do much else, that time should be paid.
What Counts as “Restricted” On-Call Time
Here’s an example. A nurse has to stay in the hospital break room during her on-call shift. She can’t leave the building. She can’t run home for dinner.
That’s restricted. That time should count as hours worked. She should get paid for every minute of it.
Now picture a plumber who just needs to answer his phone within 30 minutes. He can go grocery shopping. He can watch a movie. He just needs to be reachable.
That’s usually not paid on-call time. Pretty different situation, right?
Overtime and On-Call Pay Rules
How On-Call Hours Affect Overtime
This part is important. If your on-call hours count as paid work time, they also count toward your 40-hour workweek.
New Mexico requires overtime pay for anything over 40 hours in a week. The rate is 1.5 times your regular hourly pay. So if your on-call hours push you past 40 hours, your employer owes you overtime on those hours too.
Let’s say you make $17 an hour. If on-call hours push your week to 45 hours, you’re owed time and a half, or $25.50 an hour, for those extra 5 hours. So simple, once you see the math.
Minimum Wage Still Applies
New Mexico’s state minimum wage is $12.00 per hour. Some cities pay more. Santa Fe pays $15.00 per hour for both the city and county, starting back in March 2025.
Here’s the thing. Whatever your city’s minimum wage is, your compensable on-call time must be paid at least that much. No exceptions for on-call shifts.
Callback Pay and Actual Work Time
When You Get Called In
Wait, it gets better, or worse, depending on how you look at it. Once you’re actually called in to work, that time is always paid. No debate there.
This includes the time you spend traveling to the job, if your employer requires you to report somewhere specific. It also includes time spent working once you arrive, obviously.
Some employers offer a “minimum callback” guarantee. That means if you get called in, you’re guaranteed a set number of paid hours, even if the actual task takes less time. This isn’t required by New Mexico law, but many industries follow this practice anyway.
Meal Breaks Count Differently When You’re On Call
Confused about the difference? Let me break it down.
If you’re on your meal break but still have to watch the front desk or answer the phone, that’s not really a break. New Mexico compliance guidance treats this as an “on-duty” meal period, and your entire break time must be paid.
Basically, if you can’t fully step away from work duties, your employer can’t call it unpaid time. Makes sense, right?
Scheduling and On-Call Notice Rules
New Mexico Has No Advance Notice Requirement
Okay, pause. Read this carefully, because this surprises a lot of people.
Some states now require employers to give workers advance notice before scheduling them, including on-call shifts. These are called predictive scheduling laws.
New Mexico doesn’t have one of these laws. Your employer can add you to an on-call schedule with little or no warning. They can also change your schedule without notice.
Honestly, this is the part most people miss. You might assume there’s some rule protecting you from last-minute on-call schedules. There isn’t, at least not at the state level.
No Required Pay for Canceled Shifts
Here’s another surprise. If your scheduled shift gets canceled, or you get sent home early, New Mexico doesn’t require your employer to pay you “reporting time pay” for the lost hours.
Unless your company has its own policy, or you’re covered by a union contract, you’re generally not entitled to pay for a canceled shift. This one’s probably the most important rule to know if you work an unpredictable schedule.
Penalties and Consequences for Employers
So what happens if an employer breaks these rules? Let’s talk about the penalties.
If an employer fails to pay you for compensable on-call time, that’s a wage violation. Think of it like a store shortchanging you at checkout, but on a bigger scale, and it’s against federal and state labor law.
Workers can file a wage claim with the New Mexico Department of Workforce Solutions. You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division.
Employers who violate wage laws can be ordered to pay back wages. They may also owe damages on top of that. Willful violations can lead to bigger penalties and a longer lookback period for how far back you can claim unpaid wages.
You typically have 2 years to file a wage claim. If the violation was willful, meaning the employer knew and did it anyway, you get 3 years instead.
Special Circumstances Worth Knowing
Healthcare and Hospital Workers
Personally, I think this exception makes sense once you understand it. Hospitals and nursing homes can use something called the “8 and 80” rule instead of the standard 40-hour week.
Under this rule, healthcare employees get overtime for any hours worked over 8 in a single day, or over 80 hours total during a 14-day period. This affects how on-call overtime gets calculated for nurses, aides, and other healthcare staff.
Agriculture and Certain Exempt Roles
Workers in agriculture and cotton ginning are exempt from New Mexico’s state overtime rules entirely. This one’s a bit unusual, honestly, but it’s been on the books for a while.
Police officers and firefighters working for public agencies also follow different overtime standards than most workers. If you fall into one of these categories, your on-call pay situation may look different from what we’ve covered here.
Salaried and Exempt Employees
Don’t assume you’re exempt just because you’re salaried. A lot of workers get told they’re “exempt” from overtime, but that’s not automatically true.
If you earn less than $684 per week, or $35,568 per year, you’re generally entitled to overtime no matter what your employer calls you. Above that number, your actual job duties matter more than your job title.
How to Handle an On-Call Pay Dispute
Not sure what to do if you think you’re owed on-call pay? Here’s your game plan.
First, track your own hours. Don’t rely only on your employer’s system. Write down when your on-call shifts start and end, and note every time you get called in.
Second, check your pay stubs. Compare the hours you tracked against what you actually got paid. Look closely at any week you crossed 40 hours.
Third, raise the issue with your employer, in writing. An email works fine. Ask them directly to review and correct your pay.
Fourth, if nothing changes, file a complaint. You’re not alone here, a lot of people have to take this last step. Contact the New Mexico Department of Workforce Solutions at (505) 841-4400, or call the federal Wage and Hour Division at 1-866-487-9243.
Trust me, keeping your own records makes this whole process so much easier. Don’t skip that step.
Final Thoughts
Now you know the basics of on-call laws in New Mexico. The big idea is simple. If you’re truly restricted during on-call time, you should get paid for it. If you’re basically free to live your life, you usually won’t.
New Mexico leans on federal law here, since there’s no specific state on-call statute. That means the FLSA’s rules about “engaged to wait” versus “waiting to be engaged” really matter.
Stay informed, keep track of your hours, and don’t be afraid to ask questions. When in doubt, reach out to the Department of Workforce Solutions or talk to an employment lawyer.
Frequently Asked Questions
Does New Mexico have its own law about on-call pay?
No. New Mexico follows the federal Fair Labor Standards Act for on-call pay rules, since there’s no separate state statute covering this.
Do I get paid just for being on call?
It depends on how restricted you are. If you can freely use your time for personal activities, you usually don’t get paid. If you’re required to stay at or near the workplace, you should be paid.
Can my employer change my on-call schedule without warning?
Yes. New Mexico has no predictive scheduling law, so employers can adjust schedules with little or no advance notice.
What if I show up for an on-call shift and get sent home early?
New Mexico doesn’t require employers to pay “reporting time pay” for canceled or shortened shifts, unless a company policy or contract says otherwise.
How long do I have to file a wage claim for unpaid on-call time?
You generally have 2 years to file a claim. If the violation was willful, you get 3 years instead.
References
- New Mexico Minimum Wage Act, N.M. Stat. Ann. ยง 50-4-1 et seq.: https://www.dws.state.nm.us
- New Mexico Department of Workforce Solutions, Wages and Work Hours: https://www.dws.state.nm.us/en-us/Businesses/Rules-and-Regulations/Labor-Relations-FAQs/category/wages-and-work-hours
- U.S. Department of Labor, Fair Labor Standards Act overview: https://www.dol.gov/agencies/whd/flsa
- Deputy, New Mexico Employment & Labor Law Overview 2026: https://www.deputy.com/compliance-hub/states/new-mexico
- Commoner Law, New Mexico Overtime Pay Laws: https://commoner-law.com/rights/workers-rights/overtime-pay/new-mexico
