New Hampshire

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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 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

Photo: Tomas de Aquino via Flickr (CC by 2.0)

On March 7, 2019 the NH Supreme Court ruled that an employee’s worker’s compensation carrier was wrong to deny reimbursement for the cost of medical marijuana to an employee recovering from a work related injury.  The employee, Andrew Panaggio, suffered a lower back injury in 1991.  He received a lump sum settlement for permanent impairment in 1997 and continued to experience pain as a result of the injury.  He experienced negative side effects from prescribed opioids and was issued a NH cannabis registration card approving him for the use of medical marijuana in 2016.  He purchased the marijuana and then sought reimbursement from the worker’s compensation carrier which denied payment stating that “medical marijuana is not reasonable/necessary or causally related” to the injury.Continue Reading NH Supreme Court Rules That Worker’s Compensation Carrier May be Required to Reimburse for Medical Marijuana

On February 1, 2019 the Keene Sentinel reported that a Massachusetts construction company had been hit with more than $64,000 in fines after an audit conducted by the New Hampshire Department of Labor. Although the bulk of the fines were related to the misclassification of employees as independent contractors, there were also a number of recordkeeping violations found.

The Keene Sentinel article devotes significant attention to the problems of trying to classify individuals as independent contractors under NH state law, a very difficult burden to meet. The result of the audit and the fines imposed on the business, however, showcase how difficult it is for businesses who typically do not operate in a state to establish a workforce there and be in compliance with state laws.Continue Reading Trials of Massachusetts Company Building Keene Hotel Signals Warning to Businesses with Multi-State Workforces

According to a New Hampshire judge, “It is at least a jury question whether as plaintiff alleges, ‘public policy encourages a mother to breastfeed her child, particularly where breastfeeding is imperative for the child’s health.’”  For this reason, the court denied an employer’s motion to dismiss a New Hampshire woman’s wrongful discharge case after she asked her employer to allow her to breastfeed her newborn son during the workday.  Plaintiff Kate Frederick will now have her case heard before a jury in September 2019.
Continue Reading Breastfeeding Case Heads to a New Hampshire Jury

Photo: Georgie Pauwels via Flickr (CC by ND 2.0)

Long gone are the days when employers could prohibit employees from talking about their pay with each other, including bonuses, pay raise rates and/or paid benefits and/or to fire them for doing so. It is illegal for an employer to take any such action under NH law. The rationale behind RSA 275:41-b is to attempt to level the playing field when it comes to pay inequality in the workplace.Continue Reading What Can an Employer Do When Employees Talk About Their Pay?

This is part 1 of a 2 part series.  To read part 2, click here.

At the end of 2017, the New Hampshire Department of Labor (DOL) published its annual list of “Top 10 New Hampshire Labor Law Violations.”  While the list does not change that much from year to year, it is a good opportunity to review pay and record keeping practices to ensure compliance with NH law.Continue Reading New Year and New Opportunity to Avoid Top Labor Law Violations! Part 1

Photo: Christopher T. Sununu
Photo: Christopher T. Sununu

Yesterday Governor Sununu enacted his first law allowing gun owners to carry concealed loaded guns, without a license – effective immediately.

Prior to the this law, police chiefs and local officials had discretion to decide if someone was “suitable” to carry a loaded gun concealed.  Now, if a person is not prohibited by state or federal law from possessing a gun, he or she can carry it concealed without a license.  This means that an employee, who lawfully possesses a gun, could carry it concealed in her handbag, backpack, briefcase, or jacket, for example.  Some employees may view this new law as permitting them to carry loaded concealed weapons into the workplace.  That is not true.
Continue Reading Conceal and Carry: License to Be Armed at Work?