Modrall Sperling Law Firm

Employment Law Alert – June 2016

View as PDF Articles: Guidance for New Mexico Employers: Misclassification of Independent Contractors How a business classifies a worker has a dramatic impact on both the worker and the business. For example, in New Mexico, pay received by independent contractors is subject…

POSTED IN: Alerts

New Mexico Mining Commission Narrowly Expands Minimal Impact Permitting Opportunities for Certain Mining Operations

On April 20, 2016, the New Mexico Mining Commission (“NMMC”) conducted a hearing to consider a rule change to the New Mexico Mining Act Reclamation Program (“MARP”) regulations.  The New Mexico Mining Association (“NMMA”) proposed the rule change to expand eligibility for…

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Meg Meister Named Incoming Chair of Greater Albuquerque Chamber of Commerce

Meg Meister, a shareholder with Modrall Sperling, has been tapped Chairman-Elect by the Greater Albuquerque Chamber of Commerce. She previously served as the Chamber’s Vice-Chairman for Membership. Meg…

POSTED IN: News

CERCLA Claims against United States and Laguna Pueblo Entities Dismissed

Introduction In a series of early 2016 decisions issued in Atlantic Richfield Co. v. U.S., et. al., Case No. 1:15-cv-00056, the U.S. District Court for the District of New Mexico dismissed claims for cost recovery and contribution asserted by Atlantic Richfield Co. (“ARCO”)…

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EEOC Issues New Wellness Program Rules

New Mexico employers that offer or are considering offering a wellness program should be aware that on May 16th, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published the final version of two rules that regulate employer-sponsored wellness programs.  The rules provide…

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The U.S. Supreme Court Confirms You Can Challenge the Corps’ Clean Water Act Jurisdictional Determination Without First Going Through a Permit or Enforcement Process

The U.S. Supreme Court has unanimously held that a U.S. Army Corps of Engineers’ (“Corps”) “approved jurisdictional determination” (“approved JD”) under Section 404 of the Clean Water Act (“CWA”) is a final agency action judicially reviewable under the Administrative Procedure Act[1. 5…

POSTED IN: Alerts

What New Mexico Employers Need to Know about the U.S. Supreme Court’s Recent Decision Regarding Constructive Discharge Claims

On May 23, 2016, the United States Supreme Court decided that an employee’s time to file a discrimination charge for an alleged constructive discharge begins to run on the day that the employee quits his or her job (or gives notice of…

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Modrall Sperling Lawyers Honored by Chambers USA

Modrall Sperling is pleased to announce that it has received high honors from Chambers & Partners in the 2016 Chambers USA: America’s Leading Lawyers for Business guide.  A total of…

POSTED IN: Recognition

The DOL’s New FLSA Regulations – Millions Entitled to Overtime Wages Beginning December 1, 2016

The Department of Labor’s Wage and Hour Division (the “DOL”) issued its final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees on May 17, 2016 (the “rule” or “final rule”).  The rule significantly impacts who…

POSTED IN: Articles