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Independent Contractor or Employee?

In Business Tips, Contracts, Employment Contract, Employment Law by Joseph TurnerLeave a Comment

Many employers have to determine whether a new hire is going to be an employee or an independent contractor. Often, this decision is made at the outset because the employer needs to know whether to withhold taxes when issuing a first paycheck. In fact, taxes are only the first of many reasons an employer needs to know the difference between …

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PPP Loans and Tax Credit: Free Virtual Workshop For Business Owners

In Business Tips, COVID-19, Employment Law, Marketing Tips by Kristy DonahueLeave a Comment

BLSW Attorneys are teaming up with SBDC New Mexico for a free online workshop for business owners. Join attorneys Larry Donahue and Ian Alden on January 15 to learn about the latest in PPP funding. New round of stimulus funds Employee tax credits What you can do to limit the amounts you need to pay back The workshop is free. …

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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 Larry DonahueLeave 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 …