Employment Law Alert – February 2016

View as PDF


  • Tips for Conducting Employee Investigations
    Investigating your employee for inappropriate conduct can be a sensitive and difficult task. An employer’s decisions regarding how to conduct the investigation can have significant impact in subsequent litigation related to the investigation. This article provides tips for how New Mexico employers can turn the early stages of an employee investigation into a successful defense.  Continue Reading
  • EEOC Proposes New Burden for Employers
    On January 29, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) publicized a proposed revision to the Employer Information Report (EEO-1). The Employer Information EEO-1 survey is conducted annually under the authority of Title VII of the Civil Rights Act of 1964. Based on the number of employees and federal contract activities, certain large employers are required to file an EEO-1 report on an annual basis.  Currently, the EEO-1 survey requires company employment data to be categorized by race/ethnicity, gender and job category.  The EEOC has proposed a revision to the EEO-1 report that would require employers, including federal contractors, with more than 100 employees to include pay data for each employee.  The EEOC believes that this additional information will assist the agency in identifying possible pay discrimination and assist employers in promoting equal pay in their workplaces.  An example of the proposed EEO-1 is available here.

    Employers and other members of the public who wish to submit comments have until April 1, 2016.  Employers who wish to coordinate comments through Modrall Sperling can contact any member of our Employment Group.