
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 »
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?

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... Read more »

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... Read more »
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?

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.
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... Read more »

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... Read more »

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

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... Read more »
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... Read more »

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... Read more »

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.
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... Read more »

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.

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.
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... Read more »

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... Read more »
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... Read more »

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.... Read more »
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,... Read more »

answered on Mar 6, 2018
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 »
The withholding is due to an error made by employee at agency's expense and was clearly an act of incompetence to the duties/responsibilities of the position.

answered on Mar 6, 2018
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.
Feel my manager is attacking me after I went to upper management about scheduling. Caused me to be out of work for 3 weeks

answered on Mar 6, 2018
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 »
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.... Read more »

answered on Mar 6, 2018
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 »
I would like to know what rights as the parent I have when my child, who is 16, is working.

answered on Oct 31, 2017
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 »
I live in New Mexico. I was fired last October due to a felony allegation. Now the allegation has been fully dismissed.

answered on Oct 31, 2017
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 »
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... Read more »

answered on Oct 31, 2017
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 »
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