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…
Update on Challenge to U.S. EPA’s Waters of the United States Rule
As we previously reported in our Fall 2015 ERN,[1. See Joan Drake and Deana Bennett, The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps, Energy Resources Notes, Fall 2015, at 2-6.] several industry and environmental groups have challenged the Environmental Protection Agency’s Final…
Employment Law Alert – June 2016
View as PDF 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…
New Mexico Mining Commission Narrowly Expands Minimal Impact Permitting Opportunities for Certain Mining Operations
On April 20, 2016, the New Mexico Mining Commission (“NMMC”) conducted a hearing to consider a rule change to the New Mexico Mining Act Reclamation Program (“MARP”) regulations. The New Mexico Mining Association (“NMMA”) proposed the rule change to expand eligibility for…