Unpaid Wages and Overtime Lawyer in Albuquerque

Published by Law Office of Anita M. Kelley · Updated September 24, 2026

For people seeking information about this matter in Albuquerque and throughout New Mexico.

Anita Kelley Law handles unpaid-wage, overtime, exemption, and employee-versus-contractor classification matters. Wage cases depend on the work actually performed, hours, pay method, records, and the state and federal rules that apply.

Common wage-and-hour questions

• Unpaid regular wages, final pay, commissions, or other promised compensation
• Hours worked before or after a shift, during breaks, remotely, or off the clock
• Overtime calculations and whether an exemption actually applies
• Whether a worker labeled an independent contractor is legally an employee
• Retaliation after asking about pay or asserting wage rights

Pay labels do not end the analysis

Being paid a salary or called a contractor does not by itself decide whether wage protections apply. Keep pay stubs, schedules, time records, written agreements, and your own lawful record of hours and work performed.

Compare work records with payment records

Keep a dated record of the work actually performed, including work outside a scheduled shift when relevant. Compare it with the time entries and pay records you have, identifying the period and discrepancy you want reviewed. Preserve written pay terms, commission plans, deductions, and explanations without assuming every difference is unlawful.

For a classification question, describe your duties and working arrangement rather than relying only on a title. For an overtime question, identify how you were paid and the tasks you performed. Different legal tests may apply; the public form does not calculate back pay or decide an exemption.

Prepare for a focused inquiry

Identify the employer, work location, approximate dates, pay method, and whether the problem is continuing. Mention any termination, final-pay issue, agency complaint, settlement offer, or stated response deadline. Use a general summary at first, and wait until requested before sending payroll or account information.

After conflict and availability screening, a further discussion can identify the relevant records and requested scope of work. Keep originals unchanged and preserve communications about disputed pay or a response to your complaint. Contacting the firm does not itself file a wage claim or mean the firm has agreed to act.

Official information and related resources

• New Mexico Department of Workforce Solutions Wage and Hour
• U.S. Department of Labor overtime guidance
• U.S. Department of Labor worker-classification fact sheet

Common questions

Does a salary automatically eliminate overtime rights?

No. Pay method alone does not decide whether an exemption applies. Duties, compensation, and the governing state and federal rules matter.

Does an independent-contractor label decide worker status?

No. The actual working relationship controls under the applicable legal test, not merely the title in an agreement.

What wage records should an employee keep?

Keep pay stubs, schedules, time records, written pay terms, classifications, relevant communications, and a lawful contemporaneous record of hours worked.