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….
POSTED IN: Articles
Megan Muirhead Earns Two Statewide Appointments
Megan Muirhead, Co-Chair of Modrall Sperling’s employment practice group, has been elected to the Board of Directors of the Employment and Labor Law Section for the State Bar…
POSTED IN: News
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…
POSTED IN: Articles
Modrall Sperling’s Recent Success for New Mexico Employer
Modrall Sperling employment attorneys Jennifer Anderson and Elizabeth Martinez recently obtained successful rulings on motions to dismiss directed at a client’s former employee’s claims associated with a workplace accident that resulted in the death of his co-worker. The former employee alleged a number of…
POSTED IN: News
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…
POSTED IN: Articles
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…
POSTED IN: Articles
The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend
Introduction: It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .”[1. Title VII of the Civil Rights…
POSTED IN: Articles
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…
POSTED IN: Articles
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. …
POSTED IN: Articles
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…
POSTED IN: Articles