Employment Archives - Page 10 of 11

New Hampshire Legislature Seeks to Restrict the Use of Non-Compete Agreements

March 19, 2018 - Two notable bills aimed to further restrict non-compete agreements in employment relationships were introduced in the Senate this session – one seemingly with more support than the other. Regardless of their outcome, these bills reflect another step down the path toward limiting non-compete agreements in New Hampshire. Senate Bill 423, “AN ACT relative to non-compete […]

Forfeiture of Accrued but Unused Paid Time Off for Employees

March 1, 2018 - One of the recurring and sometimes difficult challenges for employers is determining how to structure a Paid Time Off (PTO) policy, and in particular how to address what happens to PTO “earned” or “accrued” by an employee but not used, either by the end of the measuring year, or at termination of employment. This topic […]

Why Choice of Forum Clauses Are Important

February 26, 2018 - Choice of forum clauses are provisions in contracts that control where a legal suit is brought should there be a dispute between the parties to the contract. Employers and employees enter into agreements (such as general employment agreements, sales/incentive agreements, non-competition agreements, and confidentiality agreements) that often contain choice of forum clauses. Typically these clauses […]

What do Changes to New Hampshire’s Joint Employment Law Mean to You?

February 21, 2018 - Changes in New Hampshire’s joint employment law can be traced to July 2017 when Governor Chris Sununu signed Senate Bill 89, an act relative to the relationship between a franchisor and a franchisee, into law. The bill adds one key sentence to the definition of “employer” as used in RSA 275-4, I, to specify that […]

Sexual Harassment – Can Training be Improved?

February 6, 2018 - In our current culture of sexual harassment, it is not only important for employers and employees to understand how to navigate a report of sexual harassment, but how to train employees to prevent and report harassment. Employers should have a policy on sexual harassment and provide sexual harassment training on a regular basis. In 1998, […]

Is There Danger Ahead for H-4 EAD Program?

January 26, 2018 - The rumors that this Administration may end the H-4 EAD program for spouses of H-1B workers may indeed no longer be rumors. Since May 26, 2015, USCIS allowed employment authorization for certain H-4 dependent spouses. The H-4 spouse is eligible for work authorization provided the H-1B spouse meets the following: Has an approved I-140, Immigrant […]

Can an Employer Examine a Job Applicants’ Social Media Accounts?

January 8, 2018 - In recent years, New Hampshire has joined an increasing number of states to pass legislation regarding the use of social media information when hiring potential employees. While social media can be a helpful tool in an employer’s recruiting tool belt, it is also important that employers tread carefully and follow an established social media policy […]

Forfeiture for Competition Agreement – Can it Replace a Non-Compete Agreement?

November 16, 2017 - Employers seeking to prevent employees from competing when an employment relationship terminates, typically do so through a non-compete agreement. Non-compete agreements, however, have been subject to many limitations imposed by both the legislature and courts. Thus, many employers are looking to forfeiture for competition agreements that offer the ability to limit an employee’s post-employment competition […]

Providing Reference Information and (an Unsuccessful) Effort in New Hampshire to Legislate Employer Immunity

November 2, 2017 - The conventional wisdom for many attorneys providing HR law counseling to their employer clients is to advise those clients to adopt a policy not to provide substantive responses to reference requests by prospective employers relating to former employees. The concern is that, at least to the extent the reference information might reflect poorly on the […]

How to Handle A Complaint of Discrimination or Harassment

October 16, 2017 - Employers and employees need to be mindful in how a complaint is made and investigated. An employee should follow the procedure in any employee handbook in making a complaint of discrimination and/or harassment and an employer should follow any handbook outlined procedures for investigating. An employer, however, has obligations to investigate regardless of how it […]

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