Annette Cooper, on behalf of herself and other employees similarly situated, under NMSA § 28-23-4(A), v. City of Lovington and David Miranda

On July 22, 2026, we filed Annette Cooper, on behalf of herself and other employees similarly situated, under NMSA § 28-23-4(A), v. City of Lovington and David Miranda, an action against the City of Lovington and its City Manager, David Miranda, under the Equal Pay Act of 1963 provisions of the federal Fair Labor Standards Act of 1938,  New Mexico Fair Pay for Women Act, and New Mexico Whistleblower Protection Act, in the United States District Court for the District of New Mexico. View the Complaint here.

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Anyone giving truthful testimony is protected by law:

EPA provides, it is unlawful for any person “to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter, or has testified or is about to testify in any such proceeding, or has served or is about to serve on an industry committee[.]”  EPA, 29 U.S.C. § 215(a)(3) (“Prohibited Acts; Prima Facie Evidence”).

FPWA provides, “It is a violation of the Fair Pay for Women Act for an employer or any other person to discharge, demote, deny promotion to or in any other way discriminate against an employee in the terms or conditions of employment in retaliation for the person asserting a claim or right pursuant to the Fair Pay for Women Act or assisting another person to do so, or for informing another person about employment rights or other rights provided by law.  NMFPWA, NMSA § 28-23-5 (“Retaliation Prohibited”).  

WPA Section 3 provides, “A public employer shall not take any retaliatory action against a public employee because the public employee:  A. communicates to the public employer or a third party information about an action or a failure to act that the public employee believes in good faith constitutes an unlawful or improper act; B. provides information to, or testifies before, a public body as part of an investigation, hearing or inquiry into an unlawful or improper act; or C. objects to or refuses to participate in an activity, policy or practice that constitutes an unlawful or improper act.”  WPA, NMSA § 10-16C-3 (“Public Employer Retaliatory Action Prohibited”).