Employment Law Alert – June 2016

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  • 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 to gross receipts tax unless a statutory exemption or deduction applies to a transaction. Employee wages are exempt from gross receipts tax. Also, employees (as opposed to independent contractors) are entitled to minimum wage, potential overtime compensation, family and medical leave, unemployment and worker’s compensation coverage.  Continue Reading
  • Update on Medical Marijuana and Employment Law in New Mexico 
    The United States District Court for the District of New Mexico recently clarified the issue of whether employers need to accommodate medical marijuana usage by employees with disabilities pursuant to the New Mexico Human Rights Act (NMHRA). In Garcia v. Tractor Supply Co., — F.Supp.3d —, No. CV 15-00735 WJ/WPL, 2016 WL 93717 (D.N.M. Jan. 7, 2016), appeal dismissed (Mar. 25, 2016), the Court held that employers do not need to accommodate medical marijuana use under the NMHRA. Continue Reading
  • How the New FLSA Regulations May Impact You and Your Company
    The United States Department of Labor (“DOL”) published its updated Fair Labor Standards Act (“FLSA”) overtime regulations on May 18, 2016. The new regulations increase the salary requirements for employees who are exempt under the FLSA—and, thus, not entitled to overtime wages. As discussed in our May 2016 post, the new regulations define and limit the use of FLSA exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees by changing the threshold salary requirements for the white collar exemption under the FLSA.  Continue Reading