Tag: New Mexico

Shutdowns, Furloughs and Weather Delays—Wage/Hour Minefields

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 […]

Can You Terminate Those with the Highest Salaries?

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. […]

New Mexico pay equity law takes effect

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 […]

ACA Challenges–What’s ‘Affordable’ and What’s ‘Minimum’ Coverage?

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 […]

Train Your Managers with Warner’s Warnings to Avoid Lawsuits

Warner, who is SPHR certified, is the founding partner of Moody and Warner PC in Albuquerque, New Mexico. Her tips came at the SHRM Annual Conference and Exhibition. Train your managers with the following valuable information and practical warnings from Warner. High-Ranking Manager Is the Bad Actor “I like it when a high-ranking manager was […]

New Mexico: First Female Governor Elected

by Robert P. Tinnin, Jr., Tinnin Law Firm New Mexico voters have elected the state’s first female governor, Republican Susana Martinez. Republicans gained several seats in the New Mexico House of Representatives, but Democrats maintained control of the chamber. There were no contests for seats in New Mexico Senate, where Democrats hold a substantial majority […]

‘Voluntary’ Resignation Supports Discrimination, Retaliation Claims

The Tenth U.S. Circuit Court of Appeals recently overturned a trial court’s dismissal of a case without trial. The case was filed by a female manager in Colorado who claimed she was discriminated against after being forced to choose between moving to California as a part-time customer service representative or “voluntarily” resigning. HR Guide to […]

Medical Marijuana Compassionate Use Laws Among 2010 Legislative Actions

by Lorraine Yeomans The 2010 state legislative sessions have kicked off across the nation, and one of the first pieces of legislation to be signed into law this year was a bill legalizing the use of medical marijuana. On January 18, as one of his last acts before leaving office, New Jersey Governor Jon Corzine […]

Adopt a Formal Flextime Policy

Employment law attorney Robert P. Tinnin, Jr., answers an HR practitioner’s question about improving a flextime program that has become unmanageable.