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New Mexico Employment Law Questions & Answers

1 Answer | Asked in Employment Law for New Mexico on

Q: It is allowed to pay youth participants in summer youth program stipends vs an hourly wage.

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)

Trent A. Howell answered on Apr 14, 2016

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:... Read more »

1 Answer | Asked in Employment Law for New Mexico on

Q: How far back do background checks go?

Trent A. Howell answered on Apr 14, 2016

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 years, and... Read more »

1 Answer | Asked in Employment Law for New Mexico on

Q: Do I have to repay a relocation package if I was misled into relocating?

I was told my plant in Pennsylvania would be shutting down soon, and that I would be doing the company a favor in Relocating to New Mexico. I agreed under the circumstances that my plant was shutting down. I had to sign a repayment agreement if I were to quit or get fired within 2 years. I quit... Read more »

Trent A. Howell answered on Apr 14, 2016

Generally, the answer would depend on the specific terms of your repayment agreement. In some situations, New Mexico does recognize a claim of "fraud in the inducement" of an agreement as grounds to void the agreement. Generally, New Mexico Statutes Section 50-4-2 prohibits an employer from any... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on

Q: I hurt my knee on the job on the FD and forced to resign, im on work comp, should I be getting a settlement?

Trent A. Howell answered on Apr 14, 2016

In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would... Read more »

2 Answers | Asked in Employment Law for New Mexico on

Q: Can my employer replace me with a new hire because I had to take two days off to undergo a medical procedure?

My employer recently got a new manager (he has been there for 3 weeks) I have worked at the company for 8 months (since it opened) and have had the exact same schedule since that point(I have documentation of this), and have never asked for a single day off. I requested two days off because I had... Read more »

Marshall Jason Ray answered on Mar 28, 2016

You will need to consult with an attorney where you can provide more details to determine what the legal implications are of your employer's actions. As a general rule, unless there is a contract stating otherwise (such as a collective bargaining agreement), an employer can fire and replace an... Read more »

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2 Answers | Asked in Employment Law for New Mexico on

Q: haven't got paid

never got paid by company overseeing fiber build in NM. I did some drafting for them. And they refuse to pay. Can you help?

Marshall Jason Ray answered on Mar 26, 2016

Did you do this on a contract basis or were you an employee (sometimes even if you were told you were a contractor, the law might consider you an employee)? You can report to the New Mexico Department of Workforce Solutions Wage and Hour Bureau. They will investigate employers who fail to pay... Read more »

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2 Answers | Asked in Employment Law for New Mexico on

Q: Can my employer take my PTO Ive accrued in the year and 2 months I've been employed as a full time employee ?

I have been at my current job for A year and two months yesterday I was told that I'm being put on in 3 months probationary period because of my absences, in which 75% of them i have provided proof of court dates and physician appointments which they would tell me they didnt need a copy. My accrued... Read more »

Marshall Jason Ray answered on Mar 26, 2016

It is not clear what you mean when you say you are now a part time employee even though your hours stay the same. You would need to provide more details, but the general rule in New Mexico is that issues related to accrual, use, or loss of vacation or sick leave are determined by your employer's... Read more »

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1 Answer | Asked in Employment Law for New Mexico on

Q: Penalty for running business with employees with no registration to state of NM

Business doesn't need licence needs registered for lawn care

Marshall Jason Ray answered on Mar 26, 2016

It is not clear what you are asking. With few exceptions, any business in New Mexico with employees must register with multiple government entities. The business should have a Federal Employer Identification number (EIN) to facilitate federal payroll taxes and withholding. The business will also... Read more »

2 Answers | Asked in Employment Law for New Mexico on

Q: Is there a case of False Advertisement or Bait and Switch?

Here's the analogy:

I resigned a good job working as regular employee for hopefully a higher paying job closer to my home address.

I sent the definition of a baker to the boss and she said yes it is for a baker.

I asked her what the work schedule is and she said 8 AM to 5... Read more »

Marshall Jason Ray answered on Mar 23, 2016

Is this a real scenario? You were hired as a baker and then reassigned to duties as a car mechanic? It is not clear from your description whether you have any legal claims. Employment in New Mexico is presumed at-will unless there is a contract stating otherwise. That means the employer does... Read more »

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1 Answer | Asked in Employment Law for New Mexico on

Q: this is a neptoism question...can 2 people that work for the same company and department date?

Marshall Jason Ray answered on Mar 19, 2016

This happens all of the time. Whether it is permitted or not is a matter of company policy. Government entities are subject to some anti-nepotism laws, but otherwise fraternization and nepotism are not legal issues but rather issues of company policy.

1 Answer | Asked in Employment Law for New Mexico on

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

Marshall Jason Ray answered on Mar 18, 2016

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... Read more »

2 Answers | Asked in Employment Law for New Mexico on

Q: If i signed a non compete agreement for a eyebrow threading company in New Mexico are there ways around it?

Mr. Michael O. Stevens answered on Mar 1, 2016

Many times there are. I would seek out a local employment law attorney to review what the agreement says and what options you have.

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2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for New Mexico on

Q: My background was pulled and i was fired. An employee not with HR read and told me what was on it. Is it a Privacy Issue

I was terminated because of information on a background report. An employee told me i was under investigation for crimes and he informed me of what was on my background report. It isn't public record, i never knew about any allegations against me and had to find out from another employee about what... Read more »

Robert Jason De Groot answered on Oct 14, 2015

To answer your question will require a bit of research on most attorneys parts. You need to actually go see one about this.

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