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Federal Employment Case Verdict

George McFall and Sarah Stevenson recently obtained a federal jury verdict on behalf of our client, a large pharmaceutical company. The plaintiff claimed that she had been fired for raising…

Energy & Resources Notes – Fall 2015

for public comment and peer review. The draft assessment finds that fracking causes no widespread, systematic impacts on drinking water. The draft assessment notes that the findings do not mean…

To Evaluate or Not to Evaluate? A Question for New Mexico Employers

…it is certainly not alone in its departure from this time honored tradition. In fact, approximately six percent of Fortune 500 companies have jettisoned the practice of annual employee evaluations,…

Federal District Court Sets Aside Fish and Wildlife Service’s 30-Year Take Permit Rule Under Bald and Golden Eagle Act

…uncertainty for wind developers who will, at least in the short-term, only be able to apply for and obtain 5-year take permits under the BGEPA. On October 9, 2015, the…

The DOL’s New FLSA Regulations – Millions Entitled to Overtime Wages Beginning December 1, 2016

…rule also sets a new salary threshold for the highly compensated employees of $134,004/year. Every three years, the above salary threshold levels will automatically increase. Commission, bonus and other incentive…

The Congressional Review Act: Regulations on the Chopping Block

…adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets.”[2. 5 U.S.C. § 804(2)(c).]…

What Can We Legally Ask Foreign Workers During the Pre-Employment Process?

…our Company? Do you now, or will you in the future, require sponsorship for employment visa status (e.g., H-1B visa status, etc.) to work legally for our Company in the…

Monumental Final Decree in Santa Fe County Water Rights Suit

…mid-October. A regional water system, part of the settlement agreement, is under development by the Bureau of Reclamation, and must be substantially complete by 2024. On July 18, the New…

Modrall Sperling’s Recent Success for New Mexico Employer

Modrall Sperling employment attorneys Jennifer Anderson and Elizabeth Martinez recently obtained successful rulings on motions to dismiss directed at a client’s former employee’s claims associated with a workplace accident that…

Supreme Court Ducks Addressing “Immovable Property” Exception to Tribal Sovereign Immunity

…a tribe [and] has no alternative way to obtain relief for off-reservation commercial conduct.3 Justice Thomas, joined in an extensive dissent by Justice Alito, argued remand was unnecessary because the…