With the number of emails, texts, and other electronic data in the workplace today, not knowing your company’s litigation preservation duties or not having proper procedures in place to meet those responsibilities may later lead to court sanctions such as fines or the loss of a lawsuit. The law prohibits the destruction of potentially relevant
In Tyson Foods, Inc. v. Bouaphakeo, the U.S. Supreme Court held that statistical or representative evidence could be used by a class of employees to prove liability for an employer’s failure to pay them for donning and doffing protective gear in violation of
Last session the New Hampshire Legislature enacted a new law designed to protect patients of health care facilities from the dangers associated with drug-use and drug-diverting by health care workers. RSA 151:41, which was effective August 25, 2014, requires most health care facilities and licensed providers to adopt a written drug testing policy which must
The New Hampshire Commission for Human Rights has released data on discrimination charges filed by employees in 2013. Last year, the Commission received 222
discrimination charges against employers. This number was slightly down from the year before at 257. Retaliation across all categories topped the list at 93 claims. Following closly behind with 89
The start of a new year is always a good time for employers to review their HR policies. As part of this process, employers can conduct self-audits of their wage and hour 
practices to determine compliance with the law. The NH Department of Labor just recently posted the top ten most common labor law violations
Even when an employer takes prompt remedial action to defeat a sexual harassment claim, it may still be liable for retaliation. A NH employer was reminded of this recently in Rand v. Town of Exeter (11-CV-55-PB) (10/2/13).
Brenda Rand worked as a solid waste transfer operator for the Town’s Highway Department. Rand alleged that a
A growing area of concern regarding employee compensation is the use of smartphones or tablets by hourly or nonexempt employees after hours and on weekends. Employers provide these electronic devices to employees to allow them to stay 
connected with the office, co-workers, and clients. This may include answering and reading emails or texts or making
Employer liability for harassment in the workplace is before the U.S. Supreme Court. On November 26, 2012, the Supreme Court heard oral argument in Vance v. Ball State University. At issue is the scope of the “Supervisor” Liability Rule in discrimination cases under Title VII. This is a long awaited case on who qualifies as
