What employers are getting wrong, and how to fix it before it becomes a claim

New Hampshire’s employment law landscape heading into 2026 may not be dramatically different from last year, but the real risks lie in implementation missteps. From the initial setting of wages, to calculating and distributing wages, employers will likely find a specific statute and/or labor regulation governing the transaction. Failure to follow these detailed wage and hour laws can result in significant back wages and other penalties being imposed by the state or federal Department of Labor following an audit. Fortunately, however, this area of employment law is relatively easy to master, once you are familiar with the basics.

Notice compliance

One of the most common pitfalls for employers in New Hampshire is misunderstanding the wage and hour notice requirements under RSA 275 and the related New Hampshire Department of Labor Administrative Rules.

At the time of hire, employers must notify employees in writing of their rate of pay and the day and place of payment. This notice is traditionally delivered to employees by way of an offer letter or some sort of “New Hire Rate of Pay” form. (A sample form is available from the New Hampshire Department of Labor website.) What surprises most employers, however, is that Lab. 803.03(f)(6) also requires employers to request and obtain their employees’ signatures on this written notification of wages, and employers must keep a copy of the signed written notification of wages on file. Further, employers must notify employees in writing during the course of employment of any changes to wages or day of pay prior to such changes taking effect, and the employer must obtain the employee’s signature on this subsequent notification as well. (See RSA 275:49; Lab. 803.03.)

Employers are further required to notify employees in writing, or through a posted notice maintained in a place accessible to employees, of:

• employment practices and policies with regard to vacation pay, sick leave and other fringe benefits.

• deductions made from the employee’s payroll check, for each period such deductions are made.

• information regarding the deductions allowed from wage payments under state law. (RSA 275:49; Lab. 803.03.)

Policies regarding vacation and sick leave should inform employees whether or not the employer will “cash out” unused time at year end or at the end of employment, and if so, under what terms. Again, if any changes are made to vacation pay, sick leave and other fringe benefits during the course of employment (all of which are considered “wages” under New Hampshire law), employers must request and obtain their employees’ signatures on the written notification of the change, and must keep a copy of the signed form on file. (Lab. 803.03.) Importantly, notification by way of pay stub alone is not sufficient, and, these requirements apply to both increases and decreases in pay.

Two-hour minimum (reporting pay)

Another frequently overlooked obligation is New Hampshire’s two-hour minimum reporting pay requirement. Under RSA 275:43-a, non-exempt employees who report to work but are sent home early must generally be paid for at least two hours. Weather-related closures, client cancellations or operational slowdown days can trigger this rule. Employers should also note that the New Hampshire Department of Labor currently applies this law to remote-based employees. Consequently, employees who “report to work” at an employer’s request from a home office may likewise have a right to two hours of pay, depending on the circumstances.

Salaried vs. hourly employees

Misclassification of employees as exempt from overtime remains a significant source of compliance exposure. The position’s job duties — not the titles or label such as “salaried” — determine whether an employee qualifies for an overtime exemption.

Employers, particularly in nonprofits, health care and small businesses, unintentionally misapply exempt classifications to roles such as administrative staff, office managers, executive assistants, program coordinators or hybrid jobs that involve significant non-exempt tasks. Over time, as organizational needs evolve and employees take on broader responsibilities, job duties can drift outside of an exemption’s scope.

Best practice is to periodically review job descriptions and actual job duties to ensure continued compliance with exemption criteria, particularly following any significant restructuring or job redesigns.

Peg O’Brien is chair of McLane Middleton’s Employment Law Practice Group. She can be reached at margaret.o’brien@mclane.com.

Manasquan HS grad Matthew Solomon has special motivation in leading red-hot TCNJ. Montclair State, Stevens also repping the Garden State.

It was the kind of sequence that embodies everything we love about sports – and especially college basketball.

With 10 seconds left in the Saturday’s New Jersey Athletic Conference Tournament final, TCNJ guard David Alexandre drove the lane, got cut off, spun around a whipped a pass into the paint as he fell backward. There to receive it was forward Matthew Solomon, a Manasquan High School grad, who finished his hard cut with a dunk that gave the Lions a two-point lead at Montclair State.

Then, on the other end, Montclair State star Jacob Morales had a long look at a game-winner with two seconds left – but Solomon closed out and blocked the shot as time expired.

Both teams are headed to the Division III NCAA Tournament, which unveiled its bracket today (so is a third New Jersey representative, Stevens Institute of Technology). It was an incredible moment on its face, so exhilarating that former Villanova coach and two-time March Madness champion Jay Wright spotlighted it on social media.

“That’s surreal,” Solomon said. “I grew up watching Nova, so to see that was really cool. He was giving Division 3 basketball some love, which is deserved.”

One of the best-kept secrets in college sports is just how high-quality D-3 hoops is, and Jersey has long been a hotbed, regularly sending squads to the Final Four. On the men’s side the Garden State’s last national champion was Rowan in 1996. That could change in the coming weeks.

But along with quality hoops, Division 3 ball features amazing stories, and the story behind Solomon’s heroics is even more incredible than jaw-dropping end to Saturday’s classic.

On his left wrist, the 6-foot-7 senior out of Spring Lake Heights wore protective tape over a wristband that read, “Paterno Strong” in honor of his cousin Billy Paterno, who died in 2024 at age 3 of leukemia. His parents, Point Pleasant residents Danielle and William, were at the NJAC title game.

The war with Iran could start impacting your wallet as soon as today.

Jim Garrity from AAA East Central says oil prices are up.

“They’re hovering around $72. They were pretty consistently around $65, $66 for a while,” he said.

Nationally, AAA said the average for a gallon of regular sits at about $3, up approximately six cents from last week.

In Pennsylvania, it’s around $3.12 a gallon, and in the Pittsburgh region, it’s around $3.24 a gallon. That’s actually down about four cents from last week.

Garrity added that gas prices this time of year would already be increasing, usually because of higher demand for the warmer months and the production of the summer blend of gas used for those months.

The impacts of what’s happening in Iran may not be immediate, which could be part of why our region and the state overall have not seen a spike yet, he said.

“It could be a couple of days later. It could be up to a week later,” Garrity said.

A lot of people are watching what happens with the Strait of Hormuz. Iran borders it to the north, and 20% of the world’s oil goes through it.

Iran is one of the world’s biggest oil producers, and China gets a lot of that oil.

“If there is an impact there, you could see oil start to come in from other parts of the world, which has a downstream effect on [the United States],” Garrity said.

One way you can save on gas if prices increase in our area is by slowing down.

“When you drive faster every five miles, over 50 miles an hour, your fuel efficiency is going down,” Garrity said. “You’re making the car work harder, making the gasoline consumption less effective.”

Garrity added that in 2022, when our area and many others saw some of the highest gas prices ever recorded, people changed their driving habits.

“We saw people make seemingly permanent changes to their driving behaviors, driving less in general, consolidating trips,” he said.