Last June, the Second Chamber of the Supreme Court of Justice of the Nation resolved over a contradiction of thesis labeled 107/2018, stating:

OVERTIME. THE MINUTES WORKED BEYOND THE REGULAR WORKING DAY ARE CUMULATIVE AND SHALL BE PAID AS PROVIDED BY LAW UNDER HOUR UNITS, CALCULATED WEEKLY. Articles 66 and 67 of the Federal Labor Law provide that the calculation of time going beyond the regular workday will be computed by week and shall be accumulated within such term, as this will determine the double or triple payment of overtime. In this sense, if the hours can be accrued, as interpreted from the precepts of articles 2 and 3 of the law in question as provided by Article 18, the same consideration shall be given to minutes which together may sum full hours per week legally payable in terms of law. Thus, minutes and fractions of hours exceeding the workday are cumulative by week to result in full hours, legally payable, provided that such time is evidenced as overtime in the work time records.

Consequently, the minutes or fractions of hour exceeding the workday are payable, if they result in full hours per week. We invite you to apply this criteria in your work centers to avoid any claim for payment overtime.

Should you have any questions or comments regarding the foregoing, please do not hesitate to call your usual contact in the Firm.

 

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