Author: New Mexico Employment Law Letter

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Distracted worker may be entitled to ‘disability’ accommodation

by Robert P. Tinnin, Jr. Q One of our workers has been with the company for about three years. From the outset, he has been an outstanding performer. About four months ago, however, he went through a divorce, which appears to have had a major impact on him, and he seems distracted. Both the quantity […]

VA student’s transgender bathroom case will not pass ‘Go’ . . . yet

by Rachael L. Loughlin Transgender issues continue to be one of the hottest areas of the law today. Recent actions by the Trump administration backing away from the Obama administration’s forceful advocacy of transgender rights may have come as no surprise. Nonetheless, they certainly didn’t help clarify the law. In fact, if anything, the Trump […]

7 things I learned while practicing labor and employment law

by Tom Daniel I have had the privilege of practicing labor and employment law in Alaska for 31 years. Over that time, the law has become more complex, and more laws than ever before now apply to the employment relationship. Here are some nonlegal principles I have learned that might help you avoid legal disputes […]

3 emerging trends for employers to watch

by Bryan R. Cokeley The following article provides an overview of how the law might change in the near future based on three issues that employers across the country have been grappling with.  1. Ban-the-box legislation The United States incarcerates a larger percentage of its population than any other industrialized country. Consequently, our correctional facilities […]

Judge strikes down Alabama workers’ comp law

by Al Vreeland In a potentially monumental decision, Jefferson County Circuit Judge Pat Ballard struck down the Alabama Workers’ Compensation Act as unconstitutional on May 8. Specifically, Judge Ballard held that 1989 limits on compensation payments to injured workers and fees for their attorneys were so low that they violated the Alabama Constitution. Currently, compensation […]

Master self-awareness to grow as a leader

by Dan Oswald How well do you really know yourself? It can seem like a silly question. You spend every day with yourself. You’re privy to all of your most private thoughts. Yet how well do you know yourself? The ancient Chinese philosopher Lao Tzu wrote, “Knowing others is intelligence; knowing yourself is true wisdom. […]

Standing ovation for Adam Jones at Fenway

Last Monday, the Orioles made headlines for more than just their 5-2 win over the Red Sox at Fenway Park.  Orioles player Adam Jones reported that Red Sox fans called him a racial slur several times and threw a bag of peanuts at him as he was entering the dugout. Police reportedly ejected 34 people, […]

ACA ‘repeal’ bill eases employer requirements, faces uphill battle in Senate

Now that the House has passed the American Health Care Act (AHCA)—a proposal to repeal and replace Obamacare—the ball is in the Senate’s court. And while Senate Republicans say they won’t adopt the House’s version wholesale, most of the provisions easing requirements on employers are likely to appear in the Senate’s bill as well. The […]

Upgrading your occupational health and safety management systems

by Cathy Chandler Two workers die each day in Canada from a work-related accident or disease. Hundreds more experience a work-related injury, according to the Association of Workers Compensation Boards of Canada 2015 Statistical Report. The statistics are not improving significantly despite an increased focus from regulators, unions, and industry associations on improving occupational health […]

‘Religious liberty’ order leaves LGBT nondiscrimination provisions intact

On May 4, President Donald Trump signed an Executive Order (EO) that, unlike a draft version, leaves intact Obama-era LGBT nondiscrimination requirements for federal contractors. The EO, which one expert described as largely hortatory, addresses tax exemptions for religious organizations and the Affordable Care Act’s (ACA) contraceptive mandate. But it includes little affirmative movement, according […]