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NALW Winter 2016-2017

View as PDF Articles: Dakota Access Pipeline Project Update The Dakota Access Pipeline (DAPL) project continues to be the subject of extensive news coverage and ongoing controversy. Last quarter’s Watch discussed U.S. District Judge Boasberg’s memorandum opinion denying the Standing Rock Sioux…

Employment Law Alert – February 2017

View as PDF Articles: An Employer’s Dilemma in Providing a Recommendation for a Former Employee As all employers can attest, it can be difficult to determine what information to provide in a verbal or written recommendation for departing employees. Indeed, some managers…

Employment Law Alert – January 2017

View as PDF Articles: 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…

Energy & Resources Notes Winter 2016

View as PDF New Mexico’s Mancos Shale Development: “Go Ahead” to BLM on Oil and Gas Well Approvals is Affirmed by the U.S. Court of Appeals On October 27, 2016, the U.S. Court of Appeals for the Tenth Circuit issued its opinion…

Native American Law Watch – Fall 2016

View as PDF Articles: Dakota Access Controversy: Standing Rock Sioux Tribe v. U.S. Army Corps of Engineers, Policy Review of Federal Government’s Tribal Consultation Obligations, and Why This Matters to Us The Dakota Access Pipeline (DAPL) project has become the focal point…

Employment Law Alert – August 2016

View as PDF Article: Tips for New Mexico Employers: What Can We Legally Ask Foreign Workers During the Pre-Employment Process? Employers, both in New Mexico and throughout the United States, often have questions regarding what they can ask an applicant in connection…

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…

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…

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…

Employment Law Alert – May 2016

View as PDF Articles: What New Mexico Employers Need to Know about the U.S. Supreme Court’s Recent Decision Regarding Constructive Discharge Claims  On May 23, 2016, the United States Supreme Court decided that an employee’s time to file a discrimination charge for…