He says " get out of you don't like it! Drops insulting and unprofessional words during training of new employees. Is very crude and upsetting to this female employee What do I do? I consider this a very hostile workplace. He is offensive and disrespectful during meetings,... View More
Depending on the circumstances, a "hostile environment" can amount to discrimination under the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq., and/or Title VII. In Ocana v. American Furniture Co., 135 N.M. 539, 91 P.3d 58, 66 (2004), the New Mexico Supreme Court...View More
A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower...View More
going to hire me because he works there also. Pretty much he doesn't hire couples. But, the same guy hired a husband and wife couple, they work the same shifts. He also hired a BF/GF couple. Now, both of those couples are Indonesian. The owner himself is Chinese. I am Native as is my partner.... View More
In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates...View More
This is a great question. In general, child laborers 16 and over are not subject to special "work permit" (and associated approval and record) requirements in New Mexico. See, e.g., NM Stat § 50-6-2 (2007). However, because a 16 year old is still a "minor" under New Mexico...View More
In general, there is no law against an employer terminating employees for felony allegations, regardless whether they result in conviction. However, if the employer retains some employees and terminates others for have felony allegations, there may be a question of whether the employer is applying...View More
I have been on FMLA the last three years. I have a new supervisor that did not explain to me that my FMLA needed to be redone in order for me to have it again. For some reason when I went to do all my paperwork there were more added steps that were not required the previous years and I kept... View More
In general, an employer must provide certain notices and responses to employees regarding FMLA leave. See, e.g., https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf . In addition, it is unlawful and gives rise to a particular cause of action if the employer terminates an employee in retaliation...View More
I work for an at will employer worked for 25 hours that I did not receive on my latest pay check, and no-one can tell me why or when I will be paid. I've contacted district manager project manager regional manager and hr with no response.
In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the employee...View More
In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and responsibilities, an employer can change the rate of pay, benefits, and job description and responsibilities going forward. This is not legal...View More
In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and duties, an employer can change the rate of pay, benefits, and job description and duties going forward. However, you mention this "is a...View More
In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question....View More
In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the...View More
I have 200 hrs vacation and 24 hrs sick leave saved up. My employer is a small business (5 employees) in new mexico that has recently downsized dramatically from financial issues (debts). ive been with him for over 6 yrs. I recently got sick for two days from an E coli outbreak in the cities water... View More
In general, for work already done, an employer must pay whatever rate of pay and benefits were agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay or benefits for a certain period of time into the future, an employer can change the rate...View More
While there have been recent bills in the New Mexico Senate and House of Representatives to raise it, in general, the state-wide minimum wage by state law is still $7.50 per hour. NM Stat § 50-4-22 (2016). But some cities (e.g., Albuquerque, Las Cruces, and Santa Fe) impose a higher minimum wage...View More
I injured my back at work and was giving a few days off. I live next to the bistro I worked in so I stopped by the next day on my way to the store and was asked to purchase a pack of cigarettes for a fellow employee. After delivering the cigarettes I returned home. I was then fired that night, on... View More
There is a statute prohibiting employers from terminating employees "for the sole reason that that employee seeks workers' compensation benefits." New Mexico Workers’ Compensation Retaliation Statute, NMSA § 52-1-28.2. Whether and how it applies to you would depend on the details...View More
It sounds ridiculous to me, but someone has told me that it's illegal to allow independant contractors (massage therapists in this case) to wear t-shirts with the logo of the company that has hired them. The t-shirts are worn at events voluntarily by the contractors to help advertise for the... View More
Someone is confusing the issue. The question is not whether it is "legal," but whether wearing a company logo may suggest an individual is an employee rather than an independent contractor of that company. There are different definitions and factors to determine "employee"...View More
I read NM laws and in NM I would be considered 4th relative which is not immediately family and would not stop me from being considered for the position. Would the federal law have anything different in this case?? I want to make a complaint but am unsure if is would be considered under EEOC? Thank... View More
An entity that is a “Federally Qualified Health Center” (FQHC) under Medicare and Medicaid statutes operates under certain federal regulations that may prohibit certain conflicts of interest, which may include nepotism in certain situations. Whether those regulations apply to you would depend...View More
In general, for work already done, an employer must pay whatever rate of pay was agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay for a certain period of time into the future, an employer can change the rate of pay going forward, but...View More
The program participants spend 3/4 of their time in a classroom setting the remainder is job shadowing. The duration of the program is approximately for six weeks (last two weeks of June and all of July)
Depending on the nature and size of the employer, this question may involve both federal and state law. As to New Mexico law, the local agency responsible for enforcing minimum wage laws has posted some helpful information on its website:...View More
In addition to limitations under the federal Fair Credit Reporting Act, New Mexico Statute Section 56-3-6 generally places some limits on the information "credit bureaus" can list, such as limiting reporting of bankruptcies to no longer than 14 years, collection accounts no longer than 7...View More
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