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.…

On June 27, 2017, U.S. Secretary of Labor Alexander Acosta announced that the U.S. Department of Labor (USDOL) will reinstate the issuance of opinion letters.  You might be wondering why this decision is important to businesses.  The answer is two-fold: (1) opinion letters provide interpretation of the Fair Labor Standards Act (FLSA) and Family and Medical Leave Act (FMLA) so that employers understand their rights and responsibilities under the law; and (2) opinion letters…

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,…

The winter season presents employers with many weather related issues ranging from obligations to keep outdoor areas safe to deciding whether to close the business for all or part of the day.  Closing the business due to inclement weather raises pay issues – what pay are employees entitled to when the business closes? It depends, in part, whether the employee is considered exempt or non-exempt and whether, the employee is paid on a salary basis.…

You have probably heard that effective July 1, 2015, Massachusetts enacted a new sick time law. There has been much discussion about its impact on companies located in Massachusetts. However, one aspect that has been overlooked is its impact on out-of-state businesses which have employees in Massachusetts. Any company with employees performing work in Massachusetts must consider this issue or face the consequences of non-compliance with the law. The new law applies to businesses with…

While the weather may not feel like it yet, summer will be here before long and businesses may be looking to hire youths under 18 years old. Youth labor laws were adopted by the federal government (FLSA) and states to protect children and generally prohibit minors from working excessive hours, operating unsafe machinery, and working in dangerous conditions. Please note that if your business is covered by Federal wage and hour law, the FLSA applies…

I recently attended a 2-day training program in Boston conducted by the Massachusetts Commission Against Discrimination (MCAD) called Conducting Internal Discrimination Complaint Investigations. This was a high quality training program that incorporated carefully thought out modules with practical exercises conducted by Rebecca Shuster, Director of Training at MCAD, and Attorney Judy S. Kalisker, Principal, Compliance Plus. While I have conducted discrimination investigations many times, this type of high quality investigation training is so hard to…