The relationship between employers and employees in New Mexico is governed by employment and labor laws at both the federal and state levels. These laws provide a framework of obligations and rights. Disputes often arise from a failure to uphold and undertake these obligations and rights, which can lead to serious disruptions in the workplace and problems for the employer.
At SHA Law, we are committed to each of our clients, whether you are the employer or employee. Our employment and labor law attorney in Albuquerque helps employers and employees understand their legal obligations and rights, and we take appropriate action given the unique circumstances of each case. If you believe you have an employment law issue or want to act proactively to avoid problems in the workplace, contact us today at 5053383945 to schedule a Free Initial Consultation.
Understanding Employment and Labor Laws in New Mexico
The workplace should be a place where work gets done. If the company is managed according to relevant laws, then that shouldn't be a problem. Being proactive and putting policies and procedures in place that adhere to federal and state employment laws can help businesses run smoothly.
Employment law oversees and addresses different aspects of the employer-employee relationship, including:
- Wages (e.g., minimum wage, overtime pay, hours of work)
- Health and safety
- Workplace policies and procedures
- Workplace discrimination
- Workplace harassment
- Employee classifications
- Equal opportunity
- Workers' compensation
- Termination
At SHA Law, our employment and labor law attorney can help employers ensure compliance with relevant laws and set up policies, procedures, contracts, and more so that you are positioned to lead a successful business. Likewise, for employees who believe an employer may have violated their rights in one way or another, we help you obtain a just and fair remedy.
Employment Discrimination
In the workplace, you may face discrimination in the form of:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation and gender identity)
- National origin
- Age (40 or older)
- Disability
- Genetic information (including family medical history)
If you believe you have faced discrimination at your workplace, contact SHA law and we will help you determine whether you might have a claim to protect your federal rights pursuant to Title VII of the Civil Rights Act, or pursuant to the New Mexico Human Rights Act. Our team has the resources, knowledge, and experience to help you navigate your claim through the EEOC, the New Mexico Human Rights Bureau, and through litigation if necessary.
Employment Contracts
Disputes often arise from breaches of employment contracts, including issues related to terms, conditions, and termination clauses.
Harassment and Hostile Work Environment
Legal action can be taken when employees are subjected to unwelcome and offensive conduct that creates a hostile work environment. Cases involving harassment, whether it is sexual harassment, bullying, or any other form of workplace harassment, are common reasons for litigation.
Occupational Safety and Health Administration Violations
The Occupational Safety and Health Administration (OSHA) establishes certain standards that employers must uphold to protect the safety and health of employees. If unsafe working conditions and other violations of OSHA regulations are present in the workplace, employees can file claims or possibly sue.
Retaliation
If an employer takes adverse actions against an employee in retaliation for exercising their legal rights, such as reporting workplace violations or filing a complaint, this is unlawful retaliation, and the employer can file a claim or possibly sue.
Wage and Hour Violations
Employees can pursue legal action if they are denied proper wages, overtime pay, meal and rest breaks, or misclassified as independent contractors. If you believe you have not been paid your wages, or overtime wages, contact us for a consultation.
Whistleblower Claims
When an employer engages in illegal activities or violations, an employee might report it. In such situations, these employees may be protected as whistleblowers. If the employer retaliates against the employee for reporting the company, the employee might be able to file a claim or sue.
Wrongful Termination
An employee who was fired unlawfully, often violating employment contracts, public policy, or anti-discrimination laws, can file a claim and sue the employer.
Types of Legal Action for Employment Issues in New Mexico
Legal actions in employment law can take various forms, but the three most common include:
- Administrative Complaints. Employees can file complaints with administrative agencies such as the Equal Employment Opportunity Commission (EEOC) or the Department of Labor (DOL), triggering investigations and potential resolutions.
- Lawsuits. Employees may file lawsuits against their employers, seeking compensation for damages, resulting from employment law violations.
- Arbitration. Employment agreements may include arbitration clauses, requiring parties to resolve disputes through a private arbitration process rather than going to court.
The party against whom the claim or lawsuit is filed will have an opportunity to defend themselves, and sometimes they may have specific defenses recognized by law.
Examples of Defenses in Employment Disputes
Employers facing legal action in employment law cases may employ various defenses, including:
- Legitimate business reasons, where they assert that their actions were based on legitimate business justifications, such as poor performance, violation of company policies, or downsizing
- Lack of evidence, where employers challenge the evidence presented by the employee and argue that there is insufficient proof to support the allegations
- Bona fide occupational qualification (BFOQ), where employers assert that a certain characteristic or qualification is necessary for the job, and the action taken was justified based on business necessity
- Legitimate expectation, where the party asserts that they had a reasonable expectation of specific treatment or benefits based on written or implied agreements, policies, or past practices
- Good faith performance, where the party argues that they performed their duties in good faith and fulfilled their responsibilities as required
Whether you are filing an employment claim or defending against allegations, speaking to our employment law attorney can help you make sure you put forth well-supported arguments to make your case a successful one.
Employment and Labor Law Legal Services
At SHA Law, clients come to us because we build relationships and provide a wide range of legal services related to employment and labor laws.
If you are an employer, you would benefit from:
- Smart legal consultation. We advise clients on various aspects of employment law, helping them understand their rights and responsibilities under local, state, and federal employment laws.
- Contract Review and Negotiation. We review and negotiate employment contracts, severance agreements, non-compete agreements, and other employment-related contracts to ensure that the terms are fair and comply with relevant laws.
- Employee Benefits. We provide legal guidance on employee benefit programs, retirement plans, health insurance, and other related matters.
- FMLA Compliance. We assist employers in understanding and complying with FMLA regulations and handle disputes related to FMLA leave.
- Labor Union Matters. We assist employers with understanding labor law related to union organizing, collective bargaining, and unfair labor practices.
- Workplace Safety. We advise on compliance with OSHA regulations and handle cases related to unsafe working conditions.
- Training and Compliance Programs. We help employers develop and implement training programs to ensure compliance with employment laws and regulations.
- Defense against Employee Claims. We will represent you against allegations of discrimination, harassment, wrongful termination, retaliation, unfair labor practices, and more.
If you are an employee, we can help you with:
- Discrimination and Harassment Claims. We handle cases involving discrimination and harassment, whether it's based on factors like race, gender, age, disability, religion, or other protected characteristics. We assist in filing complaints, investigations, and legal actions.
- Family and Medical Leave Act. We represent employees in disputes related to FMLA leave.
- Wrongful Termination. We represent cases where employees believe they were terminated unlawfully. This may involve reviewing employment contracts, investigating the circumstances of termination, and pursuing legal action if necessary.
- Wage and Hour Disputes. We handle disputes related to wages, overtime pay, minimum wage violations, and other issues concerning compensation and benefits.
- Whistleblower Protection. We assist individuals who report illegal activities within the workplace (whistleblowers) and ensure they are protected from retaliation.
When disputes are the subject of legal action, we help resolve them through alternative dispute resolution (ADR) methods like mediation or arbitration. We will, however, litigate, if necessary.
Why Choose our Employment and Labor Attorney in New Mexico
At SHA Law, our clients choose us because we understand complex employment laws, regulations, and legal precedents, and we use this knowledge to give clients accurate advice and effective representation.
Whether our clients are employers or employees, we advocate for their rights and interests. We use our unique perspective to develop smart strategies tailored to the specific circumstances of each case, maximizing the chances of a favorable outcome, favorable contract terms, or other resolutions that meet our clients' best interests.
Contact an Employment and Labor Law Attorney in Albuquerque Today
Employment law is a multifaceted field that governs and addresses various aspects of the employer-employee relationship. At SHA Law, our employment lawyer in New Mexico acts proactively to advise employers so that they comply with the law and create safe and healthy work environments. We also help employees bring claims against employers who have failed in their obligations.
Contact us by filling out the online form or calling us at 5053383945 to schedule a Free Initial Consultation and learn more about how we will help you.