Posts

New Mexico: Updates Minimum Wage, Pregnancy Accommodations, “Red Flag” Gun Law, and More

/0 Comments/in /by

APPLIES TO

All Employers with NM Employees

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Governor Michelle Grisham recently signed a draft of bills that impact employer obligations in New Mexico, including revisions to the statewide minimum wage, addition of a “red flag” firearm law, statewide retirement, and more.  Below is a summary of the new bills, all of which go into effect May 20, 2020, unless otherwise noted.

Read more

March Updates

/0 Comments/in /by

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This Short List addresses the following topics:
  1. Second Circuit: ERISA Plans Can Be Modified Absent Fraud or Mistake
  2. 10th Circuit: Colorado Home Healthcare Workers are Not Entitled to Overtime
  3. California: Wage and Hour Concerns for Coronavirus
  4. California:  Emergency Wildfire Smoke Regulations Renewed Again
  5. Denver, CO: Anti-Discrimination Protections Expanded
  6. District of Columbia: Notice Requirements for Paid Family Leave
  7. Illinois: Guidance Issued on Sexual Harassment Requirements
  8. Minneapolis, MN: Local Minimum Wage Law is Given a Green Light
  9. St. Louis, MO: Ban-the-Box in Effect for Private Employers
  10. New Mexico: Workers’ Comp Claim Doesn’t Apply to Tribal Casino
  11. New York: Statewide Salary History Ban FAQs
  12. New York City, NY: Contractors/Freelancers Must Receive Anti-Harassment and Discrimination Protection & Training
  13. Philadelphia, PA: Salary History Inquiry Ban is Back in Effect
  14. Columbia, SC: Criminal and Salary History Ordinance No Longer Applies to Private Employers

Read more

October Updates

/0 Comments/in /by

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456
This Short List addresses the following topics:
  1. OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
  2. Ninth Circuit: ERISA Claims May be Arbitrated
  3. California: PAGA-only Claims May Not Seek Unpaid Wages
  4. Petaluma, CA: Minimum Wage Increases on January 1, 2020
  5. Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
  6. Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
  7. New Jersey: Hairstyles are Protected under the Law Against Discrimination
  8. Bernalillo County, NM: Enacts Wellness Act
  9. New York: Hairstyles are Protected under the State Human Rights Law
  10. Toledo, Ohio: Salary History Inquiries Banned
  11. South Carolina: State Supreme Court Abolishes Common Law Marriage
  12. Dallas and San Antonio, TX: Paid Sick Leave Update

Read more

New Mexico: What’s New in New Mexico? A Lot of Employment Laws

/0 Comments/in /by

APPLIES TO

All Employers with NM Employees

EFFECTIVE

June 14, 2019 (Unless otherwise noted)

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New Mexico employers, brace yourselves: new employment laws are coming.  The state legislature has enacted a flurry of new laws that affect employment practices, covering a variety of areas like gender-neutral bathrooms, unions, health benefits, medical marijuana, and leave time.  Below is a summary of key provisions in these legislative updates.  Unless otherwise noted, all provisions will take effect on June 14, 2019.

Read more

New Mexico: Minimum Wage Increase and Tip Pool Standards Revised

/0 Comments/in /by

APPLIES TO

All Employers with NM Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

New Mexico’s minimum wage for covered non-exempt employees will increase to $9 per hour beginning in 2020, with annual increases up to $12 per hour in 2023. SB 437 also increases the minimum cash wage for employees who customarily and regularly receive more than $30 per month in tips to $2.35 per hour in 2020, with annual increases up to $3 per hour in 2023. These increases will also affect local minimum wage ordinances in Bernalillo County and the City of Santa Fe.

Additionally, SB 437 will limit permitted tip pooling to only be among “wait staff.” However, “wait staff” is not defined, leaving open questions for applicable employers.

Action Items

  1. Update projected budgets to account for increases in minimum wage.
  2. Update payroll processes to account for minimum wage increases.
  3. Review tip pooling procedures for compliance with the new rule.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Tenth Circuit: Changing Termination Reasons Held as Pretext for Employment Discrimination

/0 Comments/in /by

APPLIES TO

All Employers with CO, KS, NM, OK, UT, and WY Employees

EFFECTIVE

May 15, 2018

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The Tenth Circuit Court’s decision in Fassbender v. Correct Care Sols., LLC, reminds employers of the importance of weighing termination decisions with care.  In Fassbender, an employer’s decision to terminate a pregnant employee was determined to be a pretext for discrimination, due in part to the employer’s inconsistent reasoning for the termination.

Read more