Sinclaire v. Elderhostel, Inc.

2012 NMCA 100, 2 N.M. 623
CourtNew Mexico Court of Appeals
DecidedAugust 13, 2012
DocketDocket 30,089
StatusPublished
Cited by6 cases

This text of 2012 NMCA 100 (Sinclaire v. Elderhostel, Inc.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sinclaire v. Elderhostel, Inc., 2012 NMCA 100, 2 N.M. 623 (N.M. Ct. App. 2012).

Opinion

OPINION

FRY, Judge.

{1} In this case we consider what our Legislature intended when it enacted the statute requiring employers to pay overtime wages for hours worked in excess of forty hours in “any week of seven days.” We conclude that “any week of seven days” means a fixed and regularly recurring workweek established by an employer consistent with the federal Fair Labor Standards Act (FLSA) and regulations promulgated under the authority of the FLSA. We reject Plaintiff Peter Sinclaire’s argument that the employer’s workweek, for purposes of calculating overtime pay, should change each time an employee’s work schedule changes. Because our interpretation coincides with that of the district court, we affirm the district court’s judgment.

BACKGROUND

{2} The parties do not dispute the following facts. Sinclaire began work as an employee of Elderhostel in January 2006. 1 Included with the letter from Elderhostel offering Sinclaire employment were documents explaining the procedures for payment of wages and instructions for completing time sheets, and Sinclaire acknowledged receipt of these documents. The documents stated that Elderhostel’s workweek was from 12:01 a.m. Sunday to midnight the following Saturday. The documents also instructed Sinclaire to complete one time sheet for each week (Sunday through Saturday); if Sinclaire’s program crossed over a Saturday, he was to complete two time sheets.

{3} Sinclaire led educational tours for Elderhostel, some of which corresponded with the Sunday-to-Saturday workweek and some of which began on Wednesday and concluded the following Wednesday. As a result of Elderhostel’s established workweek and Sinclaire’s work schedule, if Sinclaire led a Wednesday-to-Wednesday tour “that required him to work forty-two hours from W ednesday through Saturday and forty-eight hours from Sunday to Wednesday, for a total of ninety hours[, Sinclaire] would not receive overtime pay based on the fifty hours he worked over forty” from Wednesday to Wednesday. Instead, Sinclaire would receive ten hours of overtime — two hours in the first Sunday-to-Saturday workweek and eight hours in the second workweek. However, if Sinclaire’s program ran from Sunday to Saturday, as it often did, and if he worked more than forty hours during that program week, he would receive time-and-a-half overtime for each hour over forty.

{4} Sinclaire believed that Elderhostel should be paying him overtime based on the week he actually worked rather than on the Sunday-to-Saturday workweek. Because Elderhostel disagreed with this view, Sinclaire filed a claim for unpaid overtime wages with the New Mexico Department of Labor in February 2007. The Department ultimately dismissed the case for lack of jurisdiction, and Sinclaire filed a complaint in magistrate court. The magistrate court dismissed the complaint on the ground that Sinclaire had failed to prove the allegations in his complaint. Sinclaire then appealed the dismissal to the district court.

{5} The parties filed cross-motions for summary judgment on the issue of what constitutes a “workweek” under the then-applicable version of NMSA 1978, Section 50-4-22 (2005) (amended 2007), which provided that “[a]n employee .. . shall not be required to work more than forty hours in any week of seven days, unless the employee is paid one and one-half times the employee’s regular hourly rate of pay for all hours worked in excess of forty hours.” Section 50-4-22(C) (emphasis added) 2 . Sinclaire argued that the statute, which is part of the New Mexico Minimum Wage Act (MWA), 1978 NMSA, §§ 50-4-19 to -30 (1955, as amended through 2009), is remedial in nature and should therefore be liberally construed in light of its goal of protecting the worker. Consistent with this liberal construction, Sinclaire maintained, the emphasis is on the term “any” in the phrase “in any week of seven days.” Consequently, Sinclaire argued, he should receive overtime wages for any hours in excess of forty hours that he worked during any seven-day period, regardless of whether the period began on Sunday or Wednesday or any other day of the week.

{6} Elderhostel argued that the MW A does not define any “week of seven days” and that, as a result, Section 50-4-22(C) should be interpreted consistent with the FLSA, 29 U.S.C. §§ 201 to 219 (2006). Regulations promulgated under the FLSA provide that “[a]n employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive [twenty-four]-hour periods” that “may begin on any day and at any hour of the day.” Overtime Compensation, 29 C.F.R. § 778.105 (2011) (emphasis added). “Once the beginning time of an employee’s workweek is established, it remains fixed regardless of the schedule of hours worked by him.” Id. Thus, Elderhostel maintained that it appropriately established a Sunday-to-Saturday workweek and properly calculated Sinclaire’s overtime wages on the basis of that workweek.

{7} Following a hearing on the cross-motions, the district court granted Elderhostel’s motion for summary judgment and denied Sinclaire’s motion. This appeal followed.

DISCUSSION

{8} This case requires us to interpret Section 50-4-22(C), and we therefore undertake de novo review. See N.M. Dep’t of Labor v. Echostar Commc’ns Corp., 2006-NMCA-047, ¶ 5, 139 N.M. 493, 134 P.3d 780 (stating that “[cjonstruction of statutes is a question of law that we review de novo”). We also review the grant of summary judgment de novo. Rodriguez v. N.M. Dep't of Workforce Solutions, 2012-NMCA-059, ¶ 8, 278 P.3d 1047.

{9} On appeal, Sinclaire makes the same argument that he made in the district court. The crux of his argument is that an employer must calculate each employee’s workweek on the basis ofthe seven-day period the employee actually works, not on the basis of a fixed seven-day period arbitrarily established by the employer. Thus, according to Sinclaire’s view, his workweek with Elderhostel would sometimes be from Wednesday to Tuesday and sometimes from Sunday to Saturday, or it could be an entirely different seven-day period, depending on his schedule. Elderhostel would be required to calculate Sinclaire’s wages based on his “roving” workweek.

{10} We must determine what the Legislature intended by the language of Section 50-4-22(C), which requires an employer to pay time-and-a-half to an employee who works more than forty hours “in any week of seven days.” See Christus St. Vincent Reg’l Med. Ctr. v. Duarte-Afara, 2011-NMCA-112, ¶ 9, 267 P.3d 70 (explaining that the primary goal in interpreting statutes is to further legislative intent), cert. granted, 2011-NMCERT-010, 289 P.3d 1253. If the meaning of a statute is clear and unambiguous, we apply the statute as written. See Bishop v. Evangelical Good Samaritan Soc’y, 2009-NMSC-036, ¶ 9, 146 N.M. 473, 212 P.3d 361.

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Bluebook (online)
2012 NMCA 100, 2 N.M. 623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sinclaire-v-elderhostel-inc-nmctapp-2012.