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The U.S. Supreme Court Confirms You Can Challenge the Corps’ Clean Water Act Jurisdictional Determination Without First Going Through a Permit or Enforcement Process

The U.S. Supreme Court has unanimously held that a U.S. Army Corps of Engineers’ (“Corps”) “approved jurisdictional determination” (“approved JD”) under Section 404 of the Clean Water Act (“CWA”) is a final agency action judicially reviewable under the Administrative Procedure Act[1. 5…

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…

Modrall Sperling Lawyers Honored by Chambers USA

Modrall Sperling is pleased to announce that it has received high honors from Chambers & Partners in the 2016 Chambers USA: America’s Leading Lawyers for Business guide.  A total of…

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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…

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…

Deal or no Deal? – Partial Dismissal of CERCLA Claims Against United States and Tribal Entities

Three companion decisions in Atlantic Richfield Co. v. U.S. et. al., Case No. 1:15-cv-00056, in the U.S. District Court for the District of New Mexico, provide insight on the CERCLA statute of limitations, potential pitfalls in pleading CERCLA claims, and the defense of…

Endangered Species Act Issues Relevant to Public Lands

On March 1, 2016, the United States Court of Appeals for the District of Columbia Circuit upheld the United States Fish and Wildlife Service’s (“Service”) decision to not list the dunes sagebrush lizard.[1. Defenders of Wildlife, v. Sally Jewell, 2016 WL 790900 (D.C. Cir….

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…

The FAST Act Seeks to Expedite Multi-Agency NEPA Compliance for Large Infrastructure Projects

A new law offers the prospect of faster Federal approvals and limitations on judicial challenges for certain large infrastructure projects that must comply with the National Environmental Policy Act (“NEPA”).  In December 2015, Congress enacted and President Obama signed into law the…

Are New Mexico Employers Required to Accommodate Obesity Under the ADA?

Between 25% and 30% of all adults in New Mexico are obese.[1. United States Centers for Disease Control and Prevention]  With such a significant percentage of New Mexicans being affected by obesity, employers are increasingly faced with issues regarding whether or not…