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NM Court of Appeals Schedules March 28, 2017 10:00AM Hearing

March 8, 2017 - Jen Laws

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The New Mexico Court of Appeals has scheduled a hearing at the Pamela B. Minzner Law Center on Tuesday, March 28, 2017. The oral argument is open to the public and begins at 10:00 A.M.

A three-judge panel will preside: Chief Judge Linda M. Vanzi (’95), Judge Jonathan B. Sutin (’63), and Judge Michael E. Vigil.

Following are the details of the case:

WILLIAM SHAWN CATES and BOBBY CHERESPOSY, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, represented by Shane C. Youtz, Stephen Curtice, and James A. Montalbano

vs.

MOSHER ENTERPRISES, INC., Defendant-Appellee, represented by Wayne E. Bingham

This case involves the renovations to the University of New Mexico Arena, commonly known as "the Pit." This was a public works project subject to the terms of the Public Works Minimum Wage Act (PWMWA). The dispute centers on whether one of the subcontractors, Defendant Mosher Enterprises, Inc. should have paid its employees based on the 2008 prevailing wage determined by Department of Workforce Solutions, or the more up-to-date 2009 wage rate for work performed in 2009. This case presents question of statutory interpretation: did the Legislature intend to create a private right of action under the PWMWA (NMSA 1978, §§ 13-4-10 through -17 (1963, as amended through 2011))? Plaintiffs contend that it did because the Legislature ( 1) provided that any contractor, subcontractor or employer who violates the Act "shall be liable to any affected employee" for unpaid wages, and (2) further provided that in an action brought "pursuant to" this section making the violator directly liable to the employee, the court can award “attorney fees and costs to an employee adversely affected" by the violation.

For more information, contact Nora Gonzales at 505-841-4618.