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New Mexico Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Family Law and Juvenile Law for New Mexico on
Q: My child is 16 and working at McDonalds... as his parent can I request to see his work schedule?

I would like to know what rights as the parent I have when my child, who is 16, is working.

Trent A. Howell
Trent A. Howell
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... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: I'm just wondering if I have a case for wrongful termination against my former employer? thank you.

I live in New Mexico. I was fired last October due to a felony allegation. Now the allegation has been fully dismissed.

Trent A. Howell
Trent A. Howell
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... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: I was sent a proposed removal from the VA. I need to know what my rights are if any? I have had no prior write ups.

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... View More

Trent A. Howell
Trent A. Howell
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... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: What is a " timely manner"? If still employee with the company.

I work for an at will employer worked for 25 hours that I did not receive on my latest pay check, and no-one can tell me why or when I will be paid. I've contacted district manager project manager regional manager and hr with no response.

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the employee... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: In New Mexico can an employer add responsibilities to an employee without compensation

My job has for the past month reduced the amount of employees and has been adding new responsibilities and new tasks to the job without any form of compensation

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and responsibilities, an employer can change the rate of pay, benefits, and job description and responsibilities going forward. This is not legal... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: If you are placed on a permanent night shift does your employer have to pay you shift differential?

This is a government contract. The company is based out in Virginia. Contract is in Las Cruces, NM.

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and duties, an employer can change the rate of pay, benefits, and job description and duties going forward. However, you mention this "is a... View More

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for New Mexico on
Q: Can my employer make me pay for something as pretty as a broken liquor bottle?

Giant #6338 Western Refining/andeavor

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question.... View More

1 Answer | Asked in Employment Law and Real Estate Law for New Mexico on
Q: What do I do if I am a first year teacher and my principal is refusing to give me my final paycheck?

The principal says I have to come in and hold an IEP meeting before getting my check. School ended on May 23rd and our Special ed coordinator closed down our files on the 24th.

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the... View More

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Q: my employer is having financial troubles and has took away my vacation & sick leave. what are my options? legal?

I have 200 hrs vacation and 24 hrs sick leave saved up. My employer is a small business (5 employees) in new mexico that has recently downsized dramatically from financial issues (debts). ive been with him for over 6 yrs. I recently got sick for two days from an E coli outbreak in the cities water... View More

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, for work already done, an employer must pay whatever rate of pay and benefits were agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay or benefits for a certain period of time into the future, an employer can change the rate... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: I work as a store manager for an automotive parts company does the salary go by new law of 913 a week minimum.
Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

While there have been recent bills in the New Mexico Senate and House of Representatives to raise it, in general, the state-wide minimum wage by state law is still $7.50 per hour. NM Stat § 50-4-22 (2016). But some cities (e.g., Albuquerque, Las Cruces, and Santa Fe) impose a higher minimum wage... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: I was fired the day after a work related injury on a false accusation. Can I file a lawsuit?

I injured my back at work and was giving a few days off. I live next to the bistro I worked in so I stopped by the next day on my way to the store and was asked to purchase a pack of cigarettes for a fellow employee. After delivering the cigarettes I returned home. I was then fired that night, on... View More

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

There is a statute prohibiting employers from terminating employees "for the sole reason that that employee seeks workers' compensation benefits." New Mexico Workers’ Compensation Retaliation Statute, NMSA § 52-1-28.2. Whether and how it applies to you would depend on the details... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: Can employers give out your personal information

I took time off work for personal reasons and the assistant manager told managers of other businesses why i took off work and when i was coming back and all the things i was going through that i needed off for

Brian Lehman
Brian Lehman
answered on Feb 1, 2017

Generally, yes, managers can do this -- although it is not a good management practice obviously. Two exceptions would be if you have a contract with them, perhaps through an employee handbook, or if the manager is doing this to set up a hostile environment based on your sex or race or another... View More

1 Answer | Asked in Business Law and Employment Law for New Mexico on
Q: In NM, is it legal to allow independant contractors to wear the business logo of the company that hires them?

It sounds ridiculous to me, but someone has told me that it's illegal to allow independant contractors (massage therapists in this case) to wear t-shirts with the logo of the company that has hired them. The t-shirts are worn at events voluntarily by the contractors to help advertise for the... View More

Trent A. Howell
Trent A. Howell
answered on Aug 3, 2016

Someone is confusing the issue. The question is not whether it is "legal," but whether wearing a company logo may suggest an individual is an employee rather than an independent contractor of that company. There are different definitions and factors to determine "employee"... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: I quit my job does my ex boss have the right to pay me minimum wage even though I made more than that

I walked out one day after being at my job for 5 years. My boss would always say how she has the right to lower our pay to minimum wage if we Dont give a two week notice. I live in alb nm

Trent A. Howell
Trent A. Howell
answered on Apr 14, 2016

In general, for work already done, an employer must pay whatever rate of pay was agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay for a certain period of time into the future, an employer can change the rate of pay going forward, but... View More

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
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:... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: How far back do background checks go?
Trent A. Howell
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... View 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... View More

Trent A. Howell
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... View 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
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... View 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... View More

Marshall Jason Ray
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... View 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
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... View More

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