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    NH Supreme Court Extends Death Benefits to Widow of Worker

    The New Hampshire (NH) Supreme Court recently addressed the tragic situation of a woman who lost her husband to cancer from his work at a firefighter.  Her husband was employed as a firefighter for nearly 20 years. He began seeking treatment for health issues in early 2019 and was eventually diagnosed with bile duct cancer. Husband submitted a report of injury to the Department of Labor. Husband’s request for Workers’ Compensation was denied by the employer. Husband did not pursue the claim any further and died in January 2020. Wife applied for death benefits in April 2020, four months after Husband’s death. She was initially denied benefits and successfully appealed the order. Wife then requested Workers’ Compensation death benefits in January 2023. The employer and…

  • Paid Time Off “Loan” Systems, are they allowed in New Hampshire?

    Imagine the following situation. As a benefit of an employee’s contract, the employee earns Paid Time Off (PTO) at a fixed rate per month. For example, for every month an employee works, they earn 8 hours of PTO. However, many employers have a policy where despite the rate employees earn their PTO, they can take additional unearned time in advance. For example, in February the employee has 2 days’ worth of PTO accumulated but wants to take 3 days off. Many employers have a policy that allows them to take the full 3 days off because they will earn that additional time off in a month.  For the purposes of this blog, we will call this a ‘PTO loan’ system. The second critical part about…

  • Christmas Party: PMM Edition

    With just a few days before one of the biggest holidays of the year, many businesses choose to reward their employees by throwing holiday parties. These festive celebrations can help reward the employees for the company’s good year while inspiring thoughts of togetherness and good cheer. However, how often do we hear about the raucousness of some holiday parties? It seems like every year, there is some national news story about allegations of sexual assault or other wildly inappropriate and dangerous behavior by superiors to subordinates or co-workers to other co-workers (e.g. this story about a supervisor who installed a stripper pole for his employees). Often, these bouts of horrendous behavior are spurred on by alcohol. Many pop culture staples have taken on the “office…

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    The Supreme Court Strikes Down Portion of Defense of Marriage Act (DOMA)

    In the now-famous case, titled United States v. Windsor, the U.S. Supreme Court examined the 1996 Defense of Marriage Act to decide whether a portion of the act was unconstitutional. Specifically, the U.S. Supreme Court was deciding whether Section 3 of the act, which functionally denied federal benefits for same-sex couples, was constitutional. Ms. Windsor was married to her partner, and when her partner died, she was denied the exemption for spouses under federal law for estate inheritance. She was forced to pay over $300,000.00 in taxes to the federal government under DOMA, and she filed a lawsuit to contest this provision. Over the years, the case wound its way through our Appeals circuits and found its way in front of the Supreme Court. The…

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    New Hampshire House of Representatives and Courts Battle Over New Centralized Court System

    As reported in the Concord Monitor on May 13th, the New Hampshire Legislature has proposed new legislation that will undue the centralized management that has been put in place in the New Hampshire Court systems over the past year. The proposal will not undue the newly implemented circuit court system, but it will eliminate the centralized management that is running the administrative side of New Hampshire’s courts presently. House Speaker O’Brien has indicated that they have received complaints from Judge’s about their inability manage courthouse staff under the new system. He has also indicated that police prosecutors have complained about the Judge’s in place are no longer familiar with their communities. These concerns resulted in the proposal being submitted on Friday to undue the centralized…

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    The State of New Hampshire Has Disbursed Over $223 Million in State and Federal Funds to Combat PFAS Contamination

    The State of New Hampshire has disbursed over $223 million in state and federal fundsto combat PFAS contamination in recent years. Most of this money has been allocated towards water testing, infrastructure, and remediation, with some going to research. However, none of the money is currently being allocated to directly assist people who have been injured by PFAS with costs that are related to health issues stemming from PFAS exposure. Humans can be exposed to PFAS in a variety of ways. Much of the PFAS contaminationin NH stems from contaminated water. However, these chemicals can also be found in soil,manufacturing or chemical processing facilities, food or food packaging, and household orpersonal care products. Humans can also be exposed to PFAS by eating contaminated foods, drinking…