The Silver Lining: Efficiencies in BIA’s Newly Effective Right-of-Way Regulations
As we have previously reported, the Bureau of Indian Affair’s (BIA) recently revised the regulations governing grants of right-of-way (ROW) on Indian lands compiled at 25 C.F.R. Part 169 (Final Rule).[1. The BIA’s website has additional information on the Final Rule and…
Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers
On June 23, 2016 the Supreme Court issued its much anticipated decision in Dollar General Corporation v. Mississippi Band of Choctaw Indians[1. Dollar Gen. Corp. v. Mississippi Band of Choctaw Indians, 579 U.S. ___ , 135 S. Ct. 2159 (June 23, 2016) (per…
Modrall Sperling Attorneys Named to Best Lawyers® List, Six Recognized as “Lawyer of the Year” in Albuquerque
Twenty-nine attorneys from Modrall Sperling were selected by their peers for inclusion in this year’s Best Lawyers in America®, one of the legal profession’s oldest and most-respected peer…
Native American Law Watch – Summer 2016
View as PDF Articles: Equally Divided United States Supreme Court Affirms Tribal Jurisdiction over Tort Claims Against Nonmembers On June 23, 2016, an equally divided panel of the Supreme Court affirmed tribal jurisdiction over tort claims against non-members in Dollar General Corporation…
New Rules and Draft Policy on Critical Habitat Designations
On February 5, 2016, The U.S. Fish and Wildlife Service (“FWS”) and the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (“NOAA”) finalized two rules and a draft policy that renovate how the agencies implement critical habitat designation requirements under the…
Stuart Butzier Named Secretary of Rocky Mountain Mineral Law Foundation
Stuart Butzier, a shareholder with Modrall Sperling, has been tapped as Secretary of the globally recognized Rocky Mountain Mineral Law Foundation (RMMLF) by the Trustees of the Foundation….
Update on Reverse Discrimination Claims in New Mexico
The New Mexico Court of Appeals recently considered the legal standard applying to employee reverse-discrimination claims under the New Mexico Human Rights Act (“NMHRA”). Reverse discrimination occurs when a member of a majority group is discriminated against on the basis of a…
Employment Law Alert – July 2016
View as PDF Article: Update on Reverse Discrimination Claims in New Mexico The New Mexico Court of Appeals recently considered the legal standard applying to employee reverse-discrimination claims under the New Mexico Human Rights Act (“NMHRA”). Reverse discrimination occurs when a member…
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. …
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…