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Victor Montoya
Principal at
Southwest Workplace Law
Specializing in employment law advice and counsel, litigation, and mediation.
Practice Areas
Biography
Victor P. Montoya is the founder of Southwest Workplace Law located in Albuquerque, New Mexico. He possesses a 40-hour certification in mediation which he received from the New Mexico School of Law in 1999. He practices exclusively in the areas of employment law, litigation, and mediation.
Mr. Montoya practices in the areas of employment law, litigation, and mediation of workplace claims and disputes. He advises local and national clients and represents them in litigation arising under federal, state, and local employment and workplace-related laws. His experience includes handling claims arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act, the New Mexico Human Rights Act, and the New Mexico Minimum Wage Act, as well as other workplace-related laws. He also represents clients in administrative proceedings before the U.S. Equal Employment Opportunity Commission, the U.S. Department of Labor (including wage and hour audits), the New Mexico Human Rights Bureau, the New Mexico Labor Relations Division, and other administrative agencies. His litigation experience ranges from single claimant matters to large class action claims. His experience includes civil litigation in state and federal court, as well as mediations and arbitrations related to a broad range of issues, including, but not limited to, wage and hour, reasonable accommodations, discrimination, harassment, wrongful termination, retaliation, unemployment, contract, trade secrets, and noncompetition. Mr. Montoya also counsels and provides compliance guidance to his clients regarding employee hiring, firing, unemployment, recruiting, performance management, leaves of absence, reasonable accommodations, risk mitigation, litigation avoidance, internal investigations, separation and settlement agreements, employment policies and procedures, handbooks, employment contracts, and other employment-related issues.
Mr. Montoya received his Juris Doctorate from the University of California, Davis in 1998, where he served as Managing Editor of the U.C. Davis Law Review.
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Speaking Engagements
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Equal Pay is COMP-licated: New Laws, New Requirements, and How to Protect Your Organization
View SpeechOctober 06, 2017
2017 Employment and Labor Law Institute, New Mexico State Bar, Albuquerque, NMDiscussing the federal Equal Pay Act, new requirements and best practices for avoiding potential risks.
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LGBTQ Issues in the Workplace
View SpeechOctober 07, 2016
2016 Employment and Labor Law Institute, New Mexico State Bar, Albuquerque, NMOverview of LGBTQ workplace issues.
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The Evolving Workplace
View SpeechAugust 17, 2016
New Mexico Mortgage Finance Authority Board Retreat, Albuquerque, NMDiscussion of evolving employment issues in the workplace.
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Supreme Court Roundup
View SpeechJuly 24, 2015
Human Resources Management Association of New Mexico, Albuquerque, NMDiscussion summarizing recent United States Supreme Court employment law decisions.
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New Mexico State Law Update
View SpeechMay 28, 2015
2015 Employment and Labor Law Institute, New Mexico State Bar, Albuquerque, NMDiscussion regarding recent New Mexico employment-related laws and legal decisions.
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Employment Law 101
View SpeechNovember 19, 2014
New Mexico State Bar, Albuquerque, NMPresentation providing an introduction to basic employment law as part of a Small Business Institute sponsored by the New Mexico State Bar.
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State Employment Law and Legislative Update
View SpeechOctober 03, 2014
2014 Employment and Labor Law Institute, New Mexico State Bar, Albuquerque, NMDiscussion regarding recent New Mexico employment legislation and case law.
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What's Up with GINA?
View SpeechMay 29, 2014
2014 New Mexico Labor and Employment Law Conference, Albuquerque, NMDiscussion regarding the Genetic Information Nondiscrimination Act of 2008.
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Workplace Investigations 101
View SpeechMay 30, 2013
2013 New Mexico Employment and Labor Law Conference, Albuquerque, NMDiscussion providing an introduction to conducting workplace investigations.
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Bracing for Your Next Wage & Hour Claim
View SpeechJuly 27, 2012
Human Resource Management Association of New Mexico's Annual SHRM Foundation Fundraising Event and Program, Albuquerque, NMDiscussion regarding how to prepare for potential wage and hour claims.
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'ONYD' (Oh No, You Didn't!): Youth in the Workplace and the Law
View SpeechJuly 13, 2012
2012 New Mexico State Bar Annual MeetingDiscussion of issues related to the employment of youths in the workplace.
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Articles & Publications
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Embracing Effective Transition Plans for Transgender Employees
July 01, 2020
Discussing what happens when a transgender employee elects to transition in the workplace and providing guidance to employers for crafting effective transition plans to support and educate its employees.
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New N.M. Legislation Prohibiting Discrimination Due to Pregnancy, Childbirth, or Related Condition and Barring NDAs in Private Employment Settlements
March 09, 2020
Discussion regarding recent New Mexico legislation prohibiting pregnancy discrimination and barring NDAs in private employment settlement agreements.
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Equal Pay is COMP-licated: Equal Pay Claims in Today’s Workplace
Discussion of the federal Equal Pay Act, the current increase in equal pay claims due to various factors, and best practices for mitigating the risk of potential equal pay claims.
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Distinguishing Legal Advice from Business Advice after Bhandari v. Artesia General Hospital
Discussing the application of the attorney-client privilege to legal versus business advice under New Mexico law, and providing practice tips to avoid related pitfalls.
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Education
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University of California, Davis
J.D. (1998)
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University of Texas, Austin
B.A.