Modrall Sperling Law Firm

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…

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The Congressional Review Act: Regulations on the Chopping Block

Since it was enacted, the Small Business Regulatory Enforcement Act of 1996, better known as the Congressional Review Act,1 has been rarely used and certainly has not been the topic of headlines or water-cooler conversations. That has changed of late, however, and…

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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…

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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…

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Appearing in Tribal Court

By Brian Nichols, as published in Litigation: The Journal of the Section of Litigation, published by the American Bar Association, Winter 2017.

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EPA Publishes Final Resource Conservation and Recovery Act Hazardous Waste Generator Improvements Rule

On November 28, 2016, the Environmental Protection Agency (“EPA”) published the final RCRA Hazardous Waste Generator Improvements Rule (“HWGI Rule”). See 81 FR 85732, November 28, 2016. The HWGI Rule is one of the most significant and comprehensive hazardous waste rulemakings that…

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Considerations with Renewable Energy Development and Severed Mineral Estates

Renewable energy developments include hundreds of millions of dollars of capital investment and rely on micro-siting of generation equipment to ensure optimal performance. Therefore, these developments are particularly sensitive to any possibility of surface use for mineral exploration and development that could…

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The BLM’s New Venting and Flaring Rule: Potential Future Developments

As noted in our Spring 2016 issue, the Bureau of Land Management (“BLM”) published a proposed rule concerning Waste Prevention, Production Subject to Royalties, and Resource Conservation in the Federal Register on February 8, 2016, commonly referred to as the BLM’s “Venting…

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EPA’s Final Assessment Regarding the Impact of Hydraulic Fracturing on Drinking Water Resources

In December 2016, the Environmental Protection Agency (“EPA”) released its final assessment analyzing the potential impacts of hydraulic fracturing (“fracking”) on drinking water resources.31 The draft assessment, issued in June of 2015, was summarized in our Fall 2015 issue.32 Overall, this final…

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New Mexico’s Mancos Shale Development: “Go Ahead” to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals

On October 27, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its opinion in Dine’ Citizens Against Ruining Our Environment et al. v. Jewell, Tenth Circuit Cause No. 15-2130, affirming the decision of the Honorable James Browning which rejected…

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Employment Law
Native American Law
Natural Resources and Energy Law
Water Law