The NH Department of Labor and the US Department of Labor entered into a memorandum of understanding (MOU) for the purpose of preventing misclassification of workers as independent contractors or some other nonemployee status. The MOU calls for the state and federal agencies to share information and to coordinate their efforts of enforcement. It became
Businesses Take Note — New Hampshire Has New Pay Equity Laws
Governor Maggie Hassan recently signed two bills into law that may have significant impacts on New Hampshire businesses. The first, HB 1188 , which takes effect on January 1, 2015, prohibits employers from discharging, disciplining, or otherwise discriminating against an employee because
Coach, Inc. Added to List of Companies Sued For Misclassifying Unpaid Interns
Coach, Inc. is the latest company to be sued for alleged misclassification of employees as unpaid interns. I just wrote about the trend in these class action lawsuits for the Union Leader’s Know The Law. These cases are often high profile because they involve a large number of former and current interns seeking monetary
USDOL To Revisit White Collar Exemptions
Perhaps one of the biggest and most unexpected pieces of news for employers came on March 13, 2014 when President Obama signed a memorandum instructing the USDOL to undertake its first overhaul of the FLSA since 2004. The agency is charged with the responsibility to update the regulations of who qualifies for overtime pay. The
Are employees entitled to pay if their worksite is shut down due to inclement weather?
It has been a long, cold winter this year with the Polar Vortex and record snowfall in many parts of the country. And while spring will arrive eventually, winter’s not over yet. (Remember what they say about March coming in like a lion….)
Sometimes, severe weather conditions lead employers to make the decision to shut
U.S. Supreme Court: Not all clothing is “clothing” for overtime pay
The US Supreme Court, in a unanimous decision, affirmed that unionized employers do not have to pay employees pursuant to FLSA Section 203(o) for time changing clothes when the “clothes” are not integral to the employees’ job performance and when the amount of time employees spend changing non-clothes is de minimis.
In Sandifer, employees,
NH DOL’s Top 10 Labor Law Violations from 2013
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
Massachusetts SJC Holds that Wage Act Does Not Preempt Common Law Claims, Breathing New Life Into Cases Barred by the Wage Act’s Three-Year Statute of Limitations
With its mandatory treble damages, recovery of attorney’s fees and personal liability of corporate principals, the Massachusetts Wage Act is a boon to employees who claim that they are owed wages. But, with its relatively short, three-year statute-of-limitations, the Wage Act favors the diligent plaintiff. A decision issued by the SJC yesterday, holding that the
Compensation for Checking Smartphones After Hours
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
Interns Are Not Free Employees
Summer internships provide employers the valuable opportunity to evaluate individuals for potential future employment positions without having to pay wages. The internship process also has been a rewarding way for students to gain real life experience in a field of their interest. A win- win for everyone, right? Not so fast – certain requirements must