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How To Be Pro-Active In Your Malpractice Defense.

In Business Tips, Contracts, Dispute Resolution, Employment Law, Litigation & Lawsuits, White Collar Criminal Defense by Larry DonahueLeave a Comment

Malpractice insurance will provide physicians with an attorney, but sometimes that’s not enough. According to a 2018 report by the American Medical Association, 34% of all practicing physicians have been sued.  And, if a doctor is still practicing past age 55, that percentage goes up to nearly 50%.  Since the prospect of a lawsuit is becoming almost inevitable, the need …

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New Mexico Bans The Box

In Business Tips, Employment Law, Expungement of a Criminal Record by Vanesa LewingerLeave a Comment

Along with many other states, New Mexico prohibits questions about felony convictions on job applications. Is your business complying with this new law? “Ban the box” refers to the box on an employment application that is checked if the applicant has ever been convicted of a felony.  In recent years, the movement to “Ban the box” has gained momentum as …

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When Your Business Partner Thinks He Is Funny…. But He Is Not.

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Contract Disputes, Contracts, Corporate Formation, Departing Partner, Dispute Resolution, Dissolve a Partnership, Employment Contract, Employment Law, Legal Compliance, Litigation & Lawsuits, LLC Formation, Partnership Dispute, Partnerships by Joseph TurnerLeave a Comment

Attorney Joe Turner weighs in on this complicated but serious issue. Dear Joe, I am in a Partnership with four other Physicians.  One of the Partners fancies himself a comedian.  He likes to send out joke emails to the entire staff and will often add improper comments to serious ones.  The problem, aside from being immature and distracting, is that often …

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Can Businesses Make Exceptions To COVID-19 Face Mask Requirements For Clients?

In Business Tips, COVID-19, Employment Law, Litigation & Lawsuits, Marketing Tips by Larry DonahueLeave a Comment

As businesses slowly reopen from forced closure and the Stay- at- Home requirements are gradually lifted, business owners find themselves trying to navigate the new guidelines of the State, CDC and OSHA while keeping their clients happy.  The mandate for the public to wear masks tends to be the current requirement that is causing the most conversation among business owners …

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Employment Contracts: Why They Are Important and How You Can Use Them to Protect Your Business.

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Contract Disputes, Contracts, Dispute Resolution, Employment Contract, Employment Law, Non-Compete Agreements, Non-Disclosure (NDA) & Confidentiality Agreements, Partnerships by Joseph TurnerLeave a Comment

Hiring new employees is a difficult process. You have to be sure they are properly suited for their position and have a personality and temperament which will suit the work environment you have spent time and effort putting together. This coupled with negotiating benefits, salary, and slotting in time for training in an already busy schedule can seem overwhelming and …

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Hazard Pay in New Mexico

In Business Tips, COVID-19, Department of Labor (DOL), Employment Law by Larry Donahue2 Comments

On May 1, New Mexico became the second state to establish hazard pay specifically for child care workers According to the U.S. Department of Labor, “Hazard Pay” means employees receive additional pay for performing hazardous duties or work involving physical hardship. Work duty that causes extreme physical discomfort and distress which is not adequately alleviated by protective devices is deemed …

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The Difference Between Lay-Offs and Furloughs

In Business Tips, Department of Labor (DOL), Employment Contract, Employment Law by Vanesa LewingerLeave a Comment

Lay-Off vs Furlough Lay-Off and furlough are two terms that are often used interchangeably but have two very different meanings. While lay-off is a form of termination, furlough is a type of unpaid leave that allows the employee to maintain their employment status and, in some cases, to maintain their benefit eligibility (check with your benefit carriers to see if …

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PTO in New Mexico

In Business Tips, Employment Law by Vanesa LewingerLeave a Comment

Do you think that because your employee handbook specifically states that if your employee quits, they forfeit unused vacation time?  Well, in New Mexico, depending on how you award your employees their time off, you could be wrong. What is an Administrative Code? The New Mexico Administrative Code states that vacation pay and other forms of pay for time that …

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Administrative Leave? Time to Call an Attorney

In Business Tips, Employment Law, Fraud & Embezzelment, White Collar Criminal Defense by Vanesa LewingerLeave a Comment

Administrative Leave is a common practice used by companies when they are investigating claims that are more severe or emotionally charged. The purpose of an Administrative Leave is to remove the accused party or parties from the workplace, ensuring the safety of the workforce and allowing for a thorough and untainted investigation to occur. The leave protects individuals who may …

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Employees’ Discussion of Work Conditions: Including Pay

In Department of Labor (DOL), Employment Law by Don KochersbergerLeave a Comment

Do you tell your employees not to discuss their pay with each other?  If you do, you are not alone … and you are violating the law.  The National Labor Relations Act of 1935 prohibits interfering with employees’ discussion of work conditions, including pay.  If you are interested in more information, please contact us at 505-848-8581.  In the meantime, this …