Political Drama In New Hampshire
Like its New England neighbors, New Hampshire has long been perceived as a friendly state for labor unions. Much like Wisconsin, many would view it as an unlikely candidate for legal reforms that attempt to shift the balance away from organized labor. Yet New Hampshire stands poised to become the first state in many years, and the only one within the Northeastern United States, to pass comprehensive right-to-work legislation that would do just that. Even more remarkably, a growing number of other states are now entertaining the same notion.
New Hampshire "Medical Marijuana" Bill Fails to Overcome Governor's Veto.
At least for now, New Hampshire has failed to become the 14th state in the nation to protect seriously ill patients from arrest for using medical marijuana if their doctor recommends it. On October 28, the state Senate’s vote on the “medical marijuana” bill was 14-10, two votes short of the two-thirds majority necessary to override Governor John Lynch’s veto. Earlier in the day, the state House had passed the measure 240-115.
New Hampshire Enacts State WARN Act.
On August 10, 2009, New Hampshire Governor John Lynch signed into law the New Hampshire Worker Adjustment and Retraining Notification (WARN) Act. The purpose of this Act is to protect workers during sudden business closings and mass layoffs. The New Hampshire WARN Act will take effect on January 1, 2010.
The New Hampshire WARN Act to Take Effect Next Year.
Companies doing business in New Hampshire must pay close attention to a new state law with employer notice obligations for mass layoffs and plant closings that are more onerous than its federal counterpart. The New Hampshire Worker Adjustment and Retraining Notification Act (“NH WARN Act”), which became law on August 10, 2009, will take effect on January 1, 2010. It is more stringent than the federal Worker Adjustment and Retraining Notification Act (“WARN”) because it covers more private sector employers who employ workers in the state than mandated by federal WARN.
New Hampshire Amends Overtime Law to Encompass Many Route Sales Drivers.
On July 9, 2008, New Hampshire enacted "An Act Relative to the Minimum Hourly Rate of Compensation." This new law has significant implications for New Hampshire employers, as it broadens the scope of the state's overtime requirement by eliminating the "motor carrier" exemption to New Hampshire's overtime law for delivery drivers and sales merchandisers. The new law also revises the manner in which employers must calculate the overtime rate of pay for delivery drivers, sales merchandisers, and all employees paid on a salary and commission basis. The Act becomes effective on September 7, 2008.
