New Hampshire has broadened the category of veterans eligible for a preference not to work on Veterans Day. The amended statute went into effect on August 31, 2026, making the upcoming holiday the first time certain veterans will be eligible for this preference.

As amended, RSA 115-A:29, I provides that “[a]ny veteran who has received discharge of a character outlined in RSA 21:50 from the United States armed forces shall have a preference not to work during the 24 hours comprising Veterans Day without penalty provided that the employee gives advance notice in accordance with the employer’s policies and procedures.” In practical terms, an eligible veteran who follows the employer’s advance-notice procedures is entitled to a preference not to work on Veterans Day without penalty.

Previously, the New Hampshire Veterans Day preference was given only to veterans who received an “honorable discharge.” By broadening eligibility to veterans who received discharge of a character outlined in RSA 21:50, preference is now given to a person who has been discharged or released from duty in the United States armed forces with (1) an honorable discharge; (2) an uncharacterized discharge based on a service-connected injury, illness, or disability; or (3) a general discharge under honorable conditions.

If a veteran chooses not to work in accordance with this subdivision, the employer is not required by this statute to pay the veteran for wages on Veterans Day. Other wage and hour requirements, however, may affect the requirement to pay. For example, RSA 275:43-b generally requires a salaried employee to receive the employee’s full salary for any pay period in which the employee performs any work, with limited exceptions.  

Special rules apply to veterans who are also emergency responders. Subdivision II of RSA 115-A:29 provides that any emergency responder such as a police officer, firefighter, emergency medical technician, 911 operator, or medical personnel who is also a veteran and received discharge of a character outlined in RSA 21:50 from the United States armed forces and whose offices or supervisors require minimal staffing shall have the holiday preference of subdivision I, so long as there is another qualified emergency responder available.

Municipal employers should be aware that RSA 115-A:29’s change in terminology, made pursuant to section 6 of 2026 N.H. Laws Ch. 252, from “honorable discharge” or “an honorable discharge” to “discharge of a character outlined in RSA 21:50” applies to municipal rules in effect on August 31, 2026, without amendment or readoption by the municipality. See 2026 N.H. Laws Ch. 252:8 (S.B. 448). Read the chaptered final version of Senate Bill 448 by clicking here.

Before November 11, New Hampshire employers should review their holiday and time-off procedures to ensure that managers know how to handle Veterans Day, and confirm that payroll personnel understand when an absence may nevertheless have to be paid under applicable wage and hour requirements. 

On January 22, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) voted 2–1 to rescind its Enforcement Guidance on Harassment in the Workplace — a comprehensive document finalized in 2024 that had served as the agency’s principal roadmap for identifying, preventing and responding to harassment under Title VII of the Civil Rights Act of 1964.

EEOC Chair Andrea Lucas (R) and Commissioner Brittany Panuccio (R) voted in favor of rescission, while Commissioner Kalpana Kotagal (D) dissented. The 2024 Guidance was removed from the EEOC’s website shortly after the vote became effective.

Continue Reading EEOC Rescinds 2024 Enforcement Guidance on Workplace Harassment: What Employers Need to Know

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new round of FLSA opinion letters, including Opinion Letter FLSA2026‑1, which addresses the application of the “learned professional” exemption to a licensed clinical social worker. While much of the letter focuses on familiar exemption principles, one aspect of the DOL’s analysis serves as an important, and often overlooked, reminder for employers: even when an employee clearly qualifies for an exemption, the employer is not required to classify the employee as exempt.

Continue Reading New Department of Labor Opinion Letter Offers Helpful Reminder About Exempt Classification

Effective January 1, 2026, New Hampshire will add new employment protections for certain employees whose spouses are involuntarily mobilized for military service.  House Bill 225, signed into law in July 2025, provides job security and reinstatement protections during a spouse’s mobilization, meaning these employees cannot be discharged, denied employment, or subjected to adverse action because of their spouse’s mobilization. The law applies to employers with fifty (50) or more employees at a single location in New Hampshire, creating a safeguard for military families during times of deployment.

Continue Reading New Hampshire Enacts Military Spouse Job-Protection Law

The U.S. Department of State has broadened how it screens applicants for H-1B specialty occupation visas and their H-4 dependents at U.S. embassies and consulates abroad. Beginning December 15, 2025, consular officers started conducting a mandatory review of each H-1B and H-4 applicant’s publicly available online presence, including social media accounts, as part of visa adjudication. Applicants are instructed to set social media privacy settings to “public” so officers can access and review this content.

Continue Reading Alert: New Consular Vetting Practices for H-1B and H-4 Visa Processing

Last week, the Equal Employment Opportunity Commission (“EEOC”) released new and updated educational materials on national origin discrimination, including a one-page technical assistance document titled “Discrimination Against American Workers Is Against the Law” and an updated national origin webpage.  These materials underscore that Title VII of the Civil Rights Act of 1964 protects all workers from national origin discrimination, including American workers.  The EEOC’s technical assistance reflects the current administration’s ongoing focus on immigration related issues and its concern that certain “employers have policies and practices preferring illegal aliens, migrant workers, or non-immigrant guest workers (guest worker visa holders) over American workers – in direct violation of federal employment laws.” 

Title VII Protections

Title VII of the Civil Rights Act of 1964 prohibits employers from discrimination in employment based on certain protected characteristics, such as national origin.  With respect to national origin discrimination, this means that employers may not treat applicants or employees more or less favorably because they are from a particular country or part of the world or belong to a particular ethnic group, or they appear to be so, or they have a particular accent or linguistic characteristics.

In November 2016, under the Obama administration, the EEOC issued comprehensive Enforcement Guidance on National Origin Discrimination. This guidance provides a detailed overview of Title VII’s prohibition on national origin discrimination as applied to a wide variety of employment situations, and includes several employer suggestions to help reduce the risk of national origin discrimination claims.  Some of the main areas underscored in the 2016 guidance include instructions to employers that:

  • Job postings, referral practices, and screening procedures cannot exclude or prefer people because of their national origin;
  • “English-only” rules and decisions based on accent must be justified by real business needs, not stereotypes;
  • Favoring citizens over non-citizens can sometimes overlap with national origin issues; employers must be careful to comply with both Title VII and immigration laws; and,
  • Slurs, jokes, or hostile comments about national origin, ancestry, or accent can create a hostile work environment if severe or pervasive.

The EEOC has not rescinded or replaced this 2016 guidance.

Newly Released EEOC Materials

The newly released materials are technical assistance and educational tools, not a new enforcement guidance. According to the EEOC’s announcement, the agency issued a one-page non-binding technical assistance document explaining national origin discrimination and emphasizing that Title VII protects Americans as well as foreign workers.  

For example, the EEOC’s updated materials note that job ads and recruiting practices can be a major risk area for discrimination against American workers, such as when an employer “prefers or requires applicants from a particular country or with a particular visa status (for example, ‘H-1B preferred’ or ‘H-1B only’).”  The EEOC also notes that discrimination can occur when a company has a pattern or practice of firing American workers who are on the “bench” between job assignments at a much higher rate than employees who are visa guest workers or when a company has a practice of making it more difficult for applicants from one national origin to apply for positions than others (for example, subjecting U.S. workers to more laborious application methods than H-1B visa holders during the PERM labor certification process). The EEOC cautions that an employers’ decision-making may nevertheless be discriminatory, even where the employer believes it is justified due to customer or client preference, economic reasons, or a belief that workers from one or more national origin groups are “more productive” or possess a better work ethic than another group.

Key Takeaways for Employers

From a legal standpoint the law did not change. Title VII’s prohibition on national origin discrimination is the same, and the 2016 Enforcement Guidance still explains how the EEOC interprets that law. The change is a refocus in EEOC priorities signaling increased interest in claims of anti-American bias and stereotyping.  The one-page fact sheet advises America workers how to recognize when they might have a claim and encourages them to contact the EEOC, which may drive more charges.  The new technical assistance includes a specific sentence “If you suspect you have experienced anti-American national origin discrimination, contact the EEOC promptly because there are strict time limits for filing a charge.”

In light of the above, now is a good time for employers to:

  • Review and update policies to ensure the anti-discrimination policies address national origin discrimination, in addition to all applicable protected categories;
  • Train human resources professionals and managers on recognizing discrimination issues, including national origin discrimination and underscoring that Title VII protects all workers;
  • Audit employment practices to ensure decisions are made in a non-discriminatory manner; and
  • Ensure compliance with all applicable laws, including immigration and non-discrimination laws when hiring foreign nationals.

U.S. employers filing PERM (Program Electronic Review Management) Labor Certification Applications are now facing increased scrutiny regarding how they disclose travel-related job requirements on Form ETA 9089. Recently, the Department of Labor (DOL) has begun denying PERM applications—without audit—for allegedly incomplete or inconsistent disclosure of travel requirements.

Continue Reading Client Alert: PERM Denials on the Rise – Travel and Worksite Issues Under Scrutiny

On September 19, 2025, President Donald Trump issued a proclamation imposing a $100,000 fee on new H-1B visa applications, effective from 12:01 a.m. EDT on September 21, 2025. This fee applies only to new petitions submitted after that date and does not affect current visa holders or renewals. At this time, these are the current important facts that we know:

  • Individuals with a currently approved H-1B petition, or whose H-1B petitions were filed prior to 9/21/25 but are still pending may enter the U.S. without paying a $100,000 fee.
  • Individuals who already have an approved H-1B visa may enter the U.S. without paying a $100,000 fee.
  • The $100,000 fee is not required for H-1B extension petitions.

All H-1B individuals should exercise caution, and consider avoiding travel where possible considering the sudden shifts in policy.

Continue Reading Client Alert: New $100,000 Fee for H-1B workers

On June 5, 2025, the United States Supreme Court issued a unanimous decision in the matter of Ames v. Ohio Department of Youth and Services, 145 S.Ct. 1540 (2025), rejecting a heightened evidentiary requirement for plaintiffs in employment claims under Title VII if they belong to a  majority-group. In reversing the lower court’s decision, the Supreme Court ruled that all employees must satisfy the same evidentiary burden in claims of discrimination pursuant to Title VII, and that no additional requirements may be imposed on majority group plaintiffs who allege so-called “reverse discrimination” claims.  Any other standard, wrote Justice Jackson in her opinion for the court, would be inconsistent with Title VII.

Continue Reading U.S. Supreme Court Rejects Heightened Evidentiary Requirement for “Reverse Discrimination” Cases

The U.S. Citizenship and Immigration Services (USCIS) has announced that the registration period for the fiscal year (FY) 2026 H-1B cap will be open from 12pm EST on March 7, 2025, through 12pm EST on March 24, 2025.

H-1B status allows foreign nationals to temporarily work for U.S. employers in a position that requires a bachelor’s degree or above. Congress has set a mandated cap of 65,000 H-1B visas per year, with 20,000 additional H-1B visas for professionals who have obtained a master’s degree or higher from an accredited U.S. institution. Due to the limited number of visas, USCIS has implemented an annual H-1B registration process to randomly select beneficiaries who may then file a new H-1B cap-subject petition if selected. Employers must submit an H-1B registration for any foreign national workers they wish to sponsor for H-1B status. The registration process is simple and relatively inexpensive, requiring basic information from both the employer and the foreign national worker.

Continue Reading USCIS Announced FY 2026 H-1B Cap Registration Period