Modrall Sperling Law Firm

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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Guidance for Employers Dealing with Mental Illnesses in the Workplace

Although you may not remember Andreas Lubitz by name, you undoubtedly remember his story.  On March 24, 2015, Mr. Lubitz, the co-pilot of Germanwings Flight 9525, intentionally crashed an airplane carrying 144 passengers and 6 crew members into the side of a…

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New Mexico’s Whistleblower Statute 101: A Crash Course

In 2010, New Mexico’s Legislature enacted the Whistleblower Protection Act (WPA).  Generally, the purpose of a whistleblower protection act is to protect employees who risk job security for the good of the public by disclosing unlawful and improper actions of public officials. …

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An Employee’s Bankruptcy Can Assist New Mexico Employers Defend Against The Employee’s Claims

When defending against an employee’s claims, an initial step that every employer should take is to determine if the employee has filed a Chapter 7 Voluntary Petition for bankruptcy in the recent past. If an employee filed for bankruptcy and failed to…

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EEOC Recommends Pro-active Training and Well-defined Policies to Help Employers Protect Themselves Against Costly Employment Lawsuits

Modrall Sperling attorneys Megan Muirhead and Jennifer Anderson recently sat down with local EEOC director Derick Newton to discuss best practices for New Mexico businesses. Director Newton’s number one recommendation for New Mexico businesses is to have “ongoing trainings” and “well-defined policies which…

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Favorable Employment Law Decision in Garcia v. APS

In an opinion issued on March 26, 2015, Federal District Court Judge Martha Vazquez granted Albuquerque Public Schools’ Motion for Summary Judgment on a former employee’s claims of Title VII discrimination, retaliation, and hostile work environment discrimination.  This thorough opinion clarifies several…

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Same Sex Marriage: What Do Employers Need to Know?

Download PDF On December 19, 2013, the New Mexico Supreme Court issued its decision in Griego v. Oliver, ___NMSC___. New Mexico followed the growing number of states allowing same sex marriages and held “the State of New Mexico is constitutionally required to allow…

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