James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... Read more »

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... Read more »

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... Read more »

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.

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... Read more »

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.

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... Read more »

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... Read more »

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.

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.

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.

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... Read more »

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.... Read 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... Read more »

In general, NM Stat § 50-4-2 (2016) limits the extent and manner in which an employer can withhold earned pay from employee paychecks.

This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.

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... Read 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... Read 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... Read 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... Read 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... Read more »