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Victor P. Montoya

Victor P. Montoya is the founder of Southwest Workplace Law located in Albuquerque, New Mexico. Mr. Montoya is an employment law attorney and also possesses a 40-hour certification in mediation which he received from the New Mexico School of Law in 1999.

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, 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.  

PROFESSIONAL ADMISSIONS:

  • New Mexico

  • United States District Court for the District of New Mexico

  • 10th Circuit Court of Appeals

EDUCATION:

  • University of California, Davis, School of Law:  Juris Doctor-1998

    • U.C. Davis Law Review, Managing Editor-1997-98

    • State Bar of California, Minority Fellowship-1996

    • Phi Delta Phi-Life Member

  • University of Texas, Austin:  Bachelor of Arts-Theater

    • Morton Brown Scholarship in Acting

CERTIFICATIONS:

  • Certified Employment and Labor Law Specialist, New Mexico State Bar, Board of Legal Specialization (2011-2021-specialization discontinued)

  • Mediator Certification (40 hours theory and practice), University of New Mexico, School of Law-1999

AWARDS AND RECOGNITIONS:

  • Best Lawyers

  • Super Lawyers

  • Martindale “AV Preeminent” Peer Review Rated

SELECTED PRESENTATIONS:

  • “Equal Pay is COMP-located:  New Laws, New Requirements, and How to Protect Your Organization,” 2017 Employment and Labor Law Institute (Albuquerque, NM, October 6, 2017)

  • “LGBTQ Issues in the Workplace,” 2016 Employment and Labor Law Institute (Albuquerque, NM, October 7, 2016)

  • “The Evolving Workplace,” MFA Board Retreat, August 17, 2016)

  • “Supreme Court Roundup,” HMRA Rapid Fire Update (Albuquerque, NM, July 24, 2015)

  • “New Mexico State Law Update,” 2015 Employment and Labor Law Institute (Albuquerque, NM, May 28, 2015)

  • “Employment Law 101,” Small Business Legal Workshop, State Bar of New Mexico (Albuquerque, NM, November 19, 2014

  • “State Employment Law and Legislative Update,” 2014 Employment and Labor Law Institute (Albuquerque, NM, October 3, 2014

  • “What’s Up With GINA,” 2014 New Mexico Labor and Employment Law Conference (Albuquerque, NM, May 29, 2014

  • "Workplace Investigations 101," 2013 New Mexico Labor and Employment Law Conference (Albuquerque, NM, May 30, 2013

  • "Bracing for Your Next Wage & Hour Claim," HRMA's Annual SHRM Foundation Fundraising Event and Program (Albuquerque, NM, July 27, 2012

  • "'ONYD' (Oh No, You Didn't!): Youth in the Workplace and the Law," 2012 New Mexico State Bar Annual Meeting (Albuquerque, NM, July 13, 2012

  • "Screening Job Applicants Without Breaking the Law," 2012 New Mexico Labor and Employment Law Conference (Albuquerque, NM, May 24, 2012

  • "New Mexico State Employment Law Update," 2011 Employment and Labor Law Institute (Albuquerque, NM, October 7, 2011

  • "'MySpace' or Your Space: Social Networking in the Workplace," Improving the Human Resource Professional/Attorney Relationship sponsored by New Mexico State Bar and HRMA of New Mexico (Albuquerque, NM, April 15, 2011

  • “The Weird and the Wacky:  A Review of Case Law Balancing Employer Rights and Employee Privacy Concerns in the Digital Age,” New Mexico Labor and Employment Law Conference (Albuquerque, NM, May 26, 2011)

PUBLICATIONS:

  • Embracing Effective Transition Plans for Transgender Employees, New Mexico Lawyer, Vol. 15, No. 2 (July 2020)

  • Equal Pay is COMP-licated:  Equal Pay Claims in Today’s Workplace, New Mexico Lawyer, Vol. 12, No. 4 (Nov. 2017)

  • Distinguishing Legal Advice from Business Advice after Bhandari v. Artesia General Hospital, New Mexico Lawyer, Vol. 10, No. 1 (Feb. 2015)

  • Understanding the Risks of Social Media in the Workplace, New Mexico Lawyer, Vol. 5, No. 3 (Aug. 2010)