By Barbara J. Koenig, JD, Foster, Rieder & Jackson, P.C.
Tag: New Mexico
By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]
By Barbara J. Koenig, JD What can you do when an employee appears to be having mental issues, is performing poorly, has been warned about her substandard performance, and suddenly takes Family and Medical Leave Act (FMLA) leave?
Employers usually don’t know when employees are “borrowing” items from work. But in Las Cruces, New Mexico, workers at the Doña Ana County Government Center are welcome to borrow from an on-site library in order to help them de-stress—and it is working out purrfectly!
Policy Focus: Background Checks Multiple states and cities have enacted laws in recent months that govern the use of background checks, so this year’s survey takes a closer look at those policies. We kicked it off by asking how many survey participants have background check policies (74.4%) then moved on to ask how many apply […]
Business Shutdowns and Furloughs It should be no surprise that many employers have sought creative work arrangements in order to weather bleak times without resorting to morale-killing layoffs. Furloughs, temporary shutdowns, and reduced-hour schedules are common workplace solutions. However, the intricacies of the FLSA make these solutions tricky. The salary basis test is not satisfied […]
While salary level may be a legitimate factor in determining which employees to lay off, it cannot be the determining factor if it adversely affects older workers, says Tinnin, who is a partner with Tinnin Law Firm in Albuquerque, New Mexico, and editor of New Mexico Employment Law Letter. In 2005, he adds, the U.S. […]
by Robert P. Tinnin, Jr. New Mexico’s Fair Pay for Women Act (FPWA) goes into effect June 14, affecting all employers with at least four employees. The law prohibits discrimination on the basis of sex “by paying wages to employees . . . at a rate less than the rate that the employer pays wages […]
Under what circumstances will an employer owe an Employer Shared Responsibility payment? In 2014, says Simon, senior legal editor at BLR®, if an employer meets the 50 full-time employee threshold, the employer generally will be liable for an Employer Shared Responsibility payment only if either: The company doesn’t provide coverage to substantially all (95% or […]
Pop quiz. Do you think it’s safe to discipline or terminate an employee for being absent or tardy too often? For driving a truck even though he knew he was likely to have an epileptic seizure soon? For throwing her performance improvement plan across the room and hurling profanities at the supervisor who gave it […]