As Thanksgiving and what is traditionally the busiest holiday travel period approaches, COVID-19 numbers are rising, and state governments are doubling down on travel and quarantine restrictions.

The State of NH revised its travel guidance on November 12, 2020 changing the quarantine period for those NH residents who travel internationally (including to/from Canada); on a cruise ship; or domestically outside of the New England states for non-essential purposes.  Essential travel includes travel for work, school, personal safety, medical care, care of others, parental shared custody, for medication, and brief trips for take-out food and groceries.  Of course, the guidance continues to discourage business from allowing business-related travel for non-essential purposes.


Continue Reading States Issue New Travel and Quarantine Restrictions in Advance of Thanksgiving Holiday

Governor Sununu issued Emergency Order #74 (the “Order”) on November 19, 2020 mandating the wearing of masks or cloth face coverings in indoor and outdoor public spaces where individuals are unable to or inconsistently maintain a physical distance of six feet from persons outside their own household. The order takes effect on November 19, 2020. Relevant portions of the Order are summarized below:

  • All persons over the age of 5 in the State of New Hampshire are covered by the Order.
  • “Public spaces” includes any part of public or private property that is generally accessible to the public including lobbies, waiting areas, restaurants, retail businesses, streets, beaches, parks, elevators, restrooms, and parking areas.
  • Municipalities are free to enact ordinances which are stricter than the Order.
  • The Order does not override any provision of industry specific guidance related to face coverings referenced in Emergency Order #52.  Where there is a conflict, the industry specific guidance controls.


Continue Reading Governor Sununu Issues Emergency Order Mandating Masks

On August 27, 2020, New Hampshire updated both the Universal Guidelines for All New Hampshire Employers and Employees and the New Hampshire COVID-19 General Travel and Quarantine Guidance, & Employer Screening and Exclusion Criteria.  These documents apply to “all businesses, organizations, and individual business operators for the operation of their business” and must be

On May 1, 2020, Governor Sununu issued Emergency Order #40 to facilitate and guide the reopening of the State in phases.  Referred to as Stay At Home 2.0, Emergency Order #40 sets forth mandatory requirements for those businesses that were considered to be “essential” and that therefore have remained open, as well as for those that are scheduled to reopen all or a portion of their operations in the coming weeks.

Continue Reading NH Healthcare Providers Receive Roadmap for Remaining Open and Reopening Workplaces

On May 1, 2020, Governor Sununu issued Emergency Order #40 to facilitate and guide the reopening of the State in phases.  Referred to as Stay At Home 2.0, Emergency Order #40 sets forth mandatory requirements for those “essential” businesses that have remained open and those that are scheduled to reopen all or a portion of their operations in the coming weeks.

Continue Reading NH Retailers Receive Roadmap for Remaining Open and Reopening Workplaces

On May 1, 2020 the Governor’s Economic Reopening Task Force issued Universal Guidelines for all New Hampshire employers and employees. The guidelines apply to organizations deemed essential and that remained open during the “Stay at Home Order,” as well as to those now set to reopen fully or partially in the coming weeks.

The Guidelines are based on recommendations from the Centers for Disease Control, the Equal Employment Opportunity Commission, and the Occupational Safety and Health Association.  As CDC guidance continues to evolve, businesses should frequently check for updated information. In addition to the general guidelines, industry specific guidance has been developed for  businesses such as retail stores, restaurants, barber shops, hair salons, and golf courses. The Universal Guidelines are designed to strike a balance between ensuring public safety and allowing New Hampshire businesses to remain open.


Continue Reading Stay at Home 2.0 Provides Roadmap for Reopening NH Business and Safety Guidelines for Employers

In an opinion letter dated April 29, 2019, the U.S. Department of Labor (DOL) explained that some service providers working for a virtual marketplace company (VMC) are independent contractors under the Fair Labor Standards Act (FLSA).   This opinion letter identifies the test the DOL is expected to use when considering the classification of workers