New Mexico Has Some Unique Employment Laws
Minimum wage rates vary in New Mexico depending on where your business is located. Employers must grant leave to victims of domestic violence. Employers must pay all unpaid wages to some discharged workers within FIVE days of discharge. Employers who fail to…
Can You Challenge the Corps’ Clean Water Act Jurisdictional Determinations Without First Going Through the Permit Process?
The United States Supreme Court has agreed to review an appeal from a decision by the Eighth Circuit Court of Appeals that found that the Corps of Engineers’ Approved Jurisdictional Determinations (“JD”) are final agency actions and are immediately appealable under the…
The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps
Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule”[1. 80 Fed. Reg. 37,054 (June 29, 2015), available here.] promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps of Engineers (“Corps”) to define anew “waters…
Energy & Resources Notes – Fall 2015
View as PDF The Clean Water Rule: Troubled Waters Ahead for the EPA and Corps Two federal courts have preliminarily halted the enforceability of the “Clean Water Rule” promulgated jointly by the U.S. Environmental Protection Agency (“EPA”) and the U.S. Army Corps…
National Ranking in U.S. News & World Report and Best Lawyers
Modrall Sperling received recognition in 43 practice areas in Albuquerque and Santa Fe, including a national ranking for its Native American Law practice in the U.S. News & World Report and Best Lawyers “Best Law Firms” rankings for 2016. U.S. News & World Report and Best Lawyers describe the selection…
To Evaluate or Not to Evaluate? A Question for New Mexico Employers
Corporate trendsetters are moving in the direction of eliminating a historical function of human resource departments: the annual performance evaluation. Accenture recently declared its independence from the evaluation process, but it is certainly not alone in its departure from this time honored…
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…
Dependent Indian Communities: Existential Determination Impacts State and Federal (and Tribal?) Jurisdiction
On June 15, 2015, the New Mexico Supreme Court issued a decision that clarified the Indian country status of a certain parcel of land in New Mexico that had been the subject of conflicting state and federal court decisions. In State of New…
Tomas Garcia Named Young Lawyer of the Year
Tomas J. Garcia, an associate at Modrall Sperling, was named “Young Lawyer of the Year 2015” by the New Mexico Defense Lawyers Association (NMDLA) at their annual meeting…