A New Hampshire woman is accused of violating the state’s Civil Rights Act four times after she allegedly shot at a man because he was Black, prosecutors said.

Diane Durgin, 67, of Weare, N.H. could face up to a $5,000 fine for each violation she is found to have committed, the office of New Hampshire Attorney General John Formella said in a press release Tuesday.

Durgin is also charged with criminal threatening against a person with a deadly weapon and attempted first degree assault with a deadly weapon, Michael Garrity, a media representative for the New Hampshire Attorney General, said in an emailed statement to Boston.com.

Durgin had a final pre-trial conference last week, Garrity said.

In a civil complaint filed Tuesday, Durgin is accused of threatening physical force against the victim, the AG said. Prosecutors asked the court to issue a preliminary injunction barring Durgin from repeating her alleged behavior and from contacting the victim and his family.

During the morning hours of Oct. 20, 2024, the victim claims, he “mistakenly” drove to Durgin’s home after a prearranged purchase of a truck part with a seller online, prosecutors wrote as part of their request for an injunction.

When the man — whom prosecutors identified in court documents as X.G. — arrived, Durgin allegedly stepped out of her home and approached his car with a gun “holstered by her waist,” prosecutors wrote. 

Upon noticing that X.G. was Black, Durgin allegedly “removed her gun and pointed it at X.G.,” prosecutors said in the injunction request.

While X.G. explained that he was lost, Durgin called the victim a “Black mother[expletive],” and threatened to “kill him,” prosecutors allege.

As the victim attempted to drive away, Durgin allegedly took her gun and fired two shots at the fleeing man’s car, missing both times, the AG’s office said.

While on the phone with a dispatcher, Durgin allegedly said she shot the man’s car because the victim is Black, the AG said.

“The guy is Black. And he, he…he says he’s meeting someone here and I think he’s coming here to steal,” Durgin allegedly said.

Police located X.G. and brought him to the Weare Police Department, stopping along the way at the correct seller’s home to complete the truck part purchase, prosecutors wrote in court documents.

To prove a violation of the New Hampshire Civil Rights Act, the AG must show that Durgin “interfered or attempted to interfere with the rights of the victim to engage in lawful activities by threatening to engage in or actually engage in physical force or violence, when such actual or threatening conduct was motivated by race, color, religion, national origin, ancestry, sexual orientation, sex, gender identity, or disability,” prosecutors said.

It may be March, but winter in New Hampshire is far from over. Just one week after a blizzard tore through the state with heavy snow and high winds, the state is getting another round of snowfall.

The state will get three to five inches during the evening and night of Tuesday, March 3, says the National Weather Service (NWS) of Gray, Maine. While the accumulation will not be significant, the snowfall may cause dangerous road conditions and a layer of ice on the ground in certain parts of the state.

Here’s what to know before tonight’s snow in New Hampshire, including snow totals and timing.

When will it snow in NH tonight?

According to the NWS, it will start snowing in New Hampshire during mid-afternoon or early evening and continue through the night. Specifically, snow will arrive to the southern part of the state around 2-3 p.m., spreading northwards through the rest of New Hampshire by 5 p.m.

Rain or freezing rain will mix in later this evening across southern New Hampshire, creating a wintry mix. All precipitation should move out of the state by midnight.

Due to the timing of today’s snowfall, the Tuesday evening commute will be affected, with the NWS warning to slow down and exercise caution while driving.

Warmer weather: It may not look like it now, but spring is on its way: Nature News

How much snow will NH get tonight?

New Hampshire will get one to four inches of snow tonight, with one to two inches in northern New Hampshire, two to three inches in southern New Hampshire and three to four inches in the center of the state, with the possibility for five inches in localized areas.

In the Seacoast specifically, Portsmouth, Rye, Hampton and York are expected to get between two to three inches of snow, while Dover, Exeter and Rochester may get up to four.

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.