Employment Law Alert – January 2017

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  • Guidance for New Mexico Employers: Criminal Background Checks for Job Applicants
    Many employers in New Mexico want to know if a job applicant has a criminal background. While this can certainly be important information for an employer to have, requesting the information during the interview process can give rise to claims of discrimination against the employer. This article examines the current state of New Mexico law on asking job applicants about convictions, describes the EEOC’s recent move toward finding that disqualifying candidates based on criminal history can be discriminatory, and advises employers on best practices to avoid inadvertent discrimination in the hiring process. Continue Reading
  • Three Things New Mexico Employers Should Know for 2017
    Deadline Imposed for Compelling Arbitration
    Do you have arbitration agreements with your employees? If so, you should be aware that New Mexico enacted a new rule specifying the time by which a party must move to compel arbitration after a legal complaint has been filed. Pursuant to Rule 1-007.2, which took effect on December 31, 2016, “a party seeking to compel arbitration of one or more claims shall file and serve on the other parties a motion to compel arbitration no later than ten (10) days after service of the answer or service of the last pleading directed to such claims.” Continue Reading
  • Modrall Sperling’s Recent Success for New Mexico Employer

    Despite an alleged dispute of fact, Modrall Sperling attorneys successful gained summary judgment by arguing that lay witness testimony could not overcome expert testimony based on objective factual data. Plaintiff Juanita Garcia was an operator of a power plant owned and operated by the City of Farmington. The plant generates electricity in part through use of steam turbines. She was fired for failing to control steam pressure. She brought several claims against the City including Title VII claims for Gender Discrimination, Hostile Work Environment, Retaliation, and National Origin Discrimination. Continue Reading