Employment Archives - Page 8 of 11

COVID-19 UPDATE: Unemployment Compensation In New Hampshire

March 23, 2020 - Governor Sununu’s Executive Order 5, issued on Tuesday, March 17, 2020, expands who is eligible for unemployment compensation benefits. The new federal law, Families First Coronavirus Response Act (H.R. 6201), imposes paid sick leave and paid Family and Medical Leave Act (“FMLA”) amendments. It is presumed that H.R. 6201 takes effect on April 2, 2020. […]

WARNing to Employers: State and Federal WARN Acts Require Advance Notice of Significant Employment Losses

March 10, 2020 - Employers could run afoul of federal and state law if they fail to provide advance notice to employees of significant employment losses as defined in both state and federal law. The federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2100 et seq. (“WARN Act”), and New Hampshire’s counterpart, RSA 275-F (“NH WARN Act”), requires certain […]

Do Employers Need To Provide Termination Letters?

January 8, 2020 - As an employer, terminating an employee is usually an uncomfortable situation. New Hampshire is an at-will state, and absent a contract with the employee, an employer has the right to terminate an employee for any reason other than an unlawful one. Despite the ability of an employer to terminate an employee for any lawful reason, […]

Does An Employee Complaint Ever Become Too ‘Old” To Address?

December 10, 2019 - Both employees and employers struggle with whether a complaint regarding workplace conduct is ever too “old” to raise and/or investigate. In New Hampshire, the general statute of limitations for civil actions is 3 years from the date of the conduct giving rise to the claim. For employment matters under the jurisdiction of the New Hampshire […]

Anti-Discrimination Law Adds Protection for New Hampshire Students

November 18, 2019 - At the recommendation of the Governor’s Advisory Council on Diversity and Inclusion, New Hampshire law now offers protections against discrimination for students in public schools. Senate Bill 263 became effective September 17, 2019, and creates a new section of law entitled “Discrimination in Public Schools.” The law provides that “no person shall be excluded from […]

U.S. Department of Labor Updates Overtime Rule

October 30, 2019 - On September 24, 2019, the U.S. Department of Labor (“DOL”) announced a final rule that will purportedly make 1.3 million American workers newly eligible for overtime pay. According to the DOL, the final rule updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (“FLSA”) minimum wage […]

New Hampshire Expands Ban on Non-Compete Agreements to Low-Wage Workers

September 3, 2019 - Starting September 8, 2019, New Hampshire’s law prohibiting non-compete agreements for certain workers will be expanded to cover low-wage employees. Senate Bill 197 prohibits an employer from requiring a low-wage employee to enter into a non-compete agreement and provides that such an agreement is void and unenforceable. The law was reportedly intended to ensure that […]

Changes to NH Public Employee Safety and Health Laws

August 13, 2019 - The federal Occupational Safety & Health Act (“OSH Act”) does not apply to state employees. In an effort to address this perceived “safety void,” House Bill 406 was passed. This new law extends injury reporting and investigation requirements to public workers as of July 14, 2019. The law sets out specific reporting requirements for public […]

Change in Law For a Youth Working at Night

July 17, 2019 - Employers need to be mindful of a New Hampshire law that took effect on July 14, 2019 regarding youth employment and working nights. Under the new law, RSA 276-A:13, “no youth who works more than 2 nights in a week past 8 o’clock p.m. or before 6 o’clock a.m. shall be permitted to work more […]

Medical Marijuana is Not Prohibited Worker’s Compensation Expense Under State Law

May 8, 2019 - The New Hampshire Supreme Court recently ruled that New Hampshire’s therapeutic cannabis (or “medical marijuana”) law does not prohibit workers’ compensation insurance carriers from reimbursing expenses for medical marijuana. The issue underlying Appeal of Panaggio (New Hampshire Compensation Appeals Board), No. 2017-469 (March 7, 2019) (https://www.courts.state.nh.us/supreme/opinions/2019/2019017panaggio.pdf) was whether a workers’ compensation insurance carrier could deny […]

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