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…
EEOC Issues New Wellness Program Rules
New Mexico employers that offer or are considering offering a wellness program should be aware that on May 16th, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) published the final version of two rules that regulate employer-sponsored wellness programs. The rules provide…
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 an alleged constructive discharge begins to run on the day that the employee quits his or her job (or gives notice of…
The DOL’s New FLSA Regulations – Millions Entitled to Overtime Wages Beginning December 1, 2016
The Department of Labor’s Wage and Hour Division (the “DOL”) issued its final rule Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees on May 17, 2016 (the “rule” or “final rule”). The rule significantly impacts who…
HIPAA for New Mexico Covered Entity Employers: Avoiding Penalties
The complexity of the Health Insurance Portability and Accounting Act (HIPAA) makes it difficult for well-intentioned employers to ensure compliance with its provisions. We often field calls from New Mexico employers asking if HIPAA applies in certain situations and what steps they…
New Mexico’s Whistleblower Statute 101: A Crash Course
In 2010, New Mexico’s Legislature enacted the Whistleblower Protection Act (WPA). Generally, the purpose of a whistleblower protection act is to protect employees who risk job security for the good of the public by disclosing unlawful and improper actions of public officials. …
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…
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…
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…