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…
Southern Ute Sues to Bar Applying BLM’s Fracking Rule to Tribal Oil and Gas
The Case: The Southern Ute Indian Tribe (Tribe) filed suit on June 18, 2015 in the United States District Court for the District of Colorado[1. Southern Ute Indian Tribe v. U. S. Department of the Interior, D. Colo. No. 1:15-cv-01303.] against the Department…
New Mexico Employers Can Limit Liability Under The Faragher-Ellerth Defense
In 1998, the United States Supreme Court created an affirmative defense for employers who have been sued for discrimination or harassment and who can show that “(1) the employer exercised reasonable care to prevent and correct promptly any . . . harassing…
New Rules For Participation In Employer Wellness Programs Proposed
Employer wellness programs are generally designed as a way to improve employee health and to reduce health care costs to employers. Some wellness programs ask employees to engage in healthier behavior (for example, by becoming more active, not smoking or eating better),…
Pueblo of Jemez v. United States: Tenth Circuit Resurrects Land Claim – Unique Circumstance or Cloudy Title on the Horizon?
On June 26, 2015, in Pueblo of Jemez v. the United States[1. 790 F.3d 1143 (10th Cir. 2015).] the United States Court of Appeals for the Tenth Circuit reversed a district court ruling that had dismissed the Pueblo of Jemez’ (Pueblo) claim seeking the return…
Enforceability of Arbitration Provisions in Agreements with Tribes or Tribal Entities
Over the past few years, federal courts have seen an influx of cases involving challenges to “payday” lending agreements referencing tribal law or courts, and involving Western Sky Financial, LLC and/or related entities or persons. Some of these agreements include an arbitration…
EEOC Recommends Pro-active Training and Well-defined Policies to Help Employers Protect Themselves Against Costly Employment Lawsuits
Modrall Sperling attorneys Megan Muirhead and Jennifer Anderson recently sat down with local EEOC director Derick Newton to discuss best practices for New Mexico businesses. Director Newton’s number one recommendation for New Mexico businesses is to have “ongoing trainings” and “well-defined policies which…
Jurisdiction over Suits Against Tribal Entities or Employers
Federal courts must often grapple with the question of jurisdiction over claims brought by a plaintiff against a tribal entity or tribe pursuant to statutes of general applicability, such as the Civil Rights Act and the Age Discrimination in Employment Act (“ADEA”)…