Santa Fe, NM asked in Employment Law for New Mexico

Q: Are employers required to put employees on a schedule if they are on the payroll but company does not have labor hours

I currently operate a business but am facing the choice of either laying people off or keeping them on the payroll without scheduling any hours until financial situation improves. Just wanted to know if there was a minimal requirement for hours if an employee was on a current payrol

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1 Lawyer Answer
Marshall Jason Ray
Marshall Jason Ray
  • Albuquerque, NM
  • Licensed in New Mexico

A: If you do not have the work, you do not have to schedule employees for a minimum amount of hours unless you have entered into a contract that alters the presumptive at-will relationship. Even if you do have the work, you do not have to guarantee any worker a minimum number of hours. This answer reflects the general rule in New Mexico. Some jurisdictions, in particular some cities around the country, are considering passing ordinances that have the effect of requiring far in advanced notice before changing workers' schedules or dropping them from a scheduled shift, and might have the effect of obligating employers to guarantee certain scheduling arrangements. No such provision governs in New Mexico.

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