Employment Law Alert – March 2017

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  • Joint Employment and Overtime Obligations
    Generally, an employee is not entitled to overtime pay unless she/he works more than 40 hours a week for a single employer. It is not uncommon, however, for a company which has a subsidiary company to employ some staff to work for both companies. In the course of such an employment arrangement, questions often arise regarding the company’s obligation to pay overtime for the hours worked across both companies. For example, if an employee works 40 hours one week for the main company, and during that same week, also works an 8-hour shift for the subsidiary, is that employee entitled to overtime pay for the 8-hour shift worked at the subsidiary? Or since they are two separate businesses, is the employee simply entitled to pay for 8 hours at the regular hourly rate? Continue Reading
  • Limiting the Scope of “Joint Employment” Under New Mexico Law
    In a recent opinion, the New Mexico Court of Appeals refused to affirm a jury verdict finding that several affiliated entities qualified as either “joint venturers” or “joint employers.” See Wirth v. Sun Healthcare Grp., Inc., 2017-NMCA-007, 2016 N.M. App. LEXIS 94. The court’s analysis provides insight concerning a parent corporation’s exposure to liability under New Mexico law for the actions of a subsidiary entity’s employees. Continue Reading