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New Mexico Employment Law Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: I was laid off of work while on FMLA. What can I do?

I was working for Meowwolf and I became unable to do my job without ada compliance. I had surgery and took FMLA and then was laid off.

Deena L. Buchanan
Deena L. Buchanan
answered on May 2, 2024

This situation may trigger retaliation claims under the FMLA, the ADA, and the NM Human Rights Act. You should contact an experienced New Mexico employment lawyer to discuss the details. Most of us offer consultations or case reviews for free. There are fairly short time limits for pursuing these... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Q: My attorney is not being straight up with me and Im afraid he's gonna Run off leave me stuck

I need to make sure my attorney is doing his job because I don't get feed back like I should he gets mad when I email him too much tell me to stop contacting him that he will let me know when there's any updates on my case and whenever it's time for me to start looking for another lawyer

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to consult with local attorneys in your state, the general practice followed nationwide is that clients can dismiss their attorneys, and vice versa, an attorney can withdraw from... View More

1 Answer | Asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

James L. Arrasmith
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answered on Dec 25, 2023

In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: Can an employer in the state of new mexico ask you why you need a certain day off
John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Obviously yes. There are certain reasons for which the law requires an employer to give an employee a day off (for instance, Family Medical Leave, jury duty, religious reasons, etc. Whether an employer will give an employee a day off for other reasons depends on the parties' employment... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: can a company fire you because my top priority was not working for their company

top priority was not working for their company

T. Augustus Claus
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answered on Jul 18, 2023

In New Mexico, employment is generally considered "at-will," which means that employers have the right to terminate employees for any reason that isn't illegal. However, there are some limitations to that, and firing someone simply because their top priority wasn't working for... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: Employer says advertised salary range was incorrect are they liable for posted salary range?

During salary negotiations was advised the posted salary range was incorrect (error by HR) and the actual range is lower. Are they legally bound to the advertised range?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

Generally no. If you are paid on a salary basis, your employer need only pay you at least $684.00 per week assuming you are properly classified as a salaried employee in order to comply with the law.

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Social Security for New Mexico on
Q: Can a person on disability help(volunteer) her husband in cannabis business without losing benefits?
James L. Arrasmith
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answered on Mar 4, 2023

It depends on the specific circumstances and the laws and regulations of the state in which the person resides. Generally, disability benefits are designed to provide financial assistance to individuals who are unable to work due to a disability. If a person is receiving disability benefits, they... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: My usual workday is 10 hours; 6am-4:30pm, the last two of which are overtime hours. The polling closes at 7pm.

Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted... View More

1 Answer | Asked in Employment Law and Business Law for New Mexico on
Q: Can a non profit (501 (c)) offer in a contract to pay a percentage of the profits, thanks
Matthew Morris
Matthew Morris
answered on Aug 9, 2022

It depends. Because you tagged this question with both "business" and "employment," I'm assuming that the profit-sharing contract you are asking about is a contract with an employee of the nonprofit organization. If so, you are dealing with a question involving a topic that... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New Mexico on
Q: Was injured at work Nov 2020 but didnt do employee injury form. "Unpaid" medical leave as "5 hrs short.

Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute... View More

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2022

I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can an employer in New Mexico drop your hours from 37-38 a week to 30 hours a week because you were sick?
Kyle Anderson
Kyle Anderson
answered on Apr 7, 2021

Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.

1 Answer | Asked in Employment Law for New Mexico on
Q: Hrs of overtime are being taken for lunch hrs ..

How is it our overtime is taken for lunch hrs when regular hrs could be the source of deduction for lunch.

Rhiannon Herbert
Rhiannon Herbert
answered on Dec 23, 2020

If your lunch break lasts 30 minutes or longer, and if you do not perform any job duties during your lunch break, then your employer can deduct this break time from your pay. However, if you still work over 40 hours per 7-day workweek after the deduction for lunch break time, this time must be paid... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: My employers check bounced, 2 years after she said she would resend i haven’t been paid. Can I file a lawsuit?

We had a verbal agreement that I would clean her house and she would pay me, in which she wrote me a check. The bank later sent me a letter in which the check had bounced. I contacted promptly, again almost 1 month after, and once more months afteR. Every time she said she would resend it but I... View More

Alex Sliheet
Alex Sliheet
answered on Oct 14, 2020

Sure you can file a lawsuit assuming the statute of limitations has not run.

But the type of lawsuit you would file depends on whether you actually are an employee or an independent contractor. What you and the lady subjectively decided does not determine the issue.

If your...
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1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: is it illegal to record your manager at work during a conversation between me and her in a federal building usps office
Kyle Anderson
Kyle Anderson
answered on Oct 8, 2020

Hi, it appears New Mexico is a one-party consent state. That means as long as one party to the conversation gives consent (which could be you), you can record the conversation. I would consult an attorney in your state before taking any action.

1 Answer | Asked in Employment Law and Health Care Law for New Mexico on
Q: Is non-compete enforceable?

I am an SLP who works for a company based out of state but I live in Albuquerque and work for APS through them. In a covenants/provisions clause of my contract, I am not to work for APS for 12 months after my contract expires. I feel this is unreasonable since APS is the only public school in the... View More

Kyle Anderson
Kyle Anderson
answered on Apr 29, 2020

Non-competes, generally speaking, are enforceable. There are factors a court takes into account to determine if they are too restrictive and thus, unenforceable. This varies state to state. I would recommend reaching out to an employment lawyer in your state for a consultation.

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can i get a lawyer for a motel who doesnt give me any compensatiom for hours worked 70 hrs in a week all i get is a room
Deena L. Buchanan
Deena L. Buchanan
answered on Mar 1, 2020

Your employer must pay you at least minimum wage for all hours worked and overtime if you work more than 40 hours in a workweek and are non-exempt. It sounds like you may have a claim.

1 Answer | Asked in Employment Law and Elder Law for New Mexico on
Q: I HAVE BEEN WORKING FULL TIME FROM HOME FOR 6 MONTHS UNDER A DR'S CARE FOR A SUDDEN HEART PROBLEM.

I HAVE BEEN MEDICALLY RELEASED TO RETURN TO WORK. MY EMPLOYER TOLD ME I'M A LIABILITY AND FORBIDS ME TO RETURN TO THE OFFICE AS A OFFICE MANAGER. I HAVE NO IDEA IF HE IS GOING TO CONTINUE PAYING ME CONSIDERING EACH WEEK MY WORK HAS BEEN REDUCED AND GIVEN TO MY ASSISTANT WHO EARNS CONSIDERABLY... View More

Deena L. Buchanan
Deena L. Buchanan
answered on Jun 29, 2019

You should definitely reach out to a New Mexico employment lawyer about this. You are describing retaliation for taking leave for a serious medical condition, which is illegal under New Mexico law. While you have a smaller employer, New Mexico employment law protects employees as long as the... View More

1 Answer | Asked in Civil Litigation, Employment Law and Employment Discrimination for New Mexico on
Q: Do I have to sign a release of information for all former and any company I applied for since my constructive discharge?

Employment disability discrimination case in New Mexico. In the discovery phase, they are insisting that I sign a release of information for all former, even though I was employed by this company for 17 years, and all companies I applied since my constructive discharge. What relevance does any... View More

Deena L. Buchanan
Deena L. Buchanan
answered on Jun 29, 2019

Are you handling this case by yourself? If possible, I strongly urge you to consult with an attorney. Litigation is filled with these kinds of issues that can get your case dismissed if you don't handle them properly.

I believe you are asking about an employment information release....
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