New Hampshire
Judge presses Trump administration to define DEI programs it seeks to ban
A federal judge in Concord pressed the Trump administration Thursday for more details about its ban on diversity, equity and inclusion in schools, including what would be prohibited. The federal government’s answers offered little clarity for educators wondering what they can — and can’t — do.
Presiding over a lawsuit challenging the new restrictions, Judge Landya McCafferty noted the federal government has given schools conflicting guidance on what the ban would cover. When she asked for specific examples of what kind of activities could run afoul of the prohibitions, U.S. Department of Justice attorney Abhishek Kambli said it would be “impossible” to identify all the scenarios.
“It’s how (schools) treat students, not what they teach,” Kambli said during Thursday’s hearing. “What they teach does not have any bearing.”
The coalition challenging the DEI ban includes the ACLU and the National Education Association on behalf of educators, including three in New Hampshire. They’ve asked the court to prevent the Trump administration from enforcing its ban, which, if violated, could costs schools millions in federal funding.
They have asked McCafferty to rule by April 24, the federal deadline for schools to confirm they do not have DEI programs that violate anti-discrimination laws.
New Hampshire schools, however, were required to have their compliance forms to the state Department of Education by Thursday. As of late Thursday, about 165 of the state’s 218 school districts had submitted compliance forms, according to the state’s tracker.
Four of those districts have refused and instead asked to join the lawsuit: Dover, Oyster River, Somersworth, and Hanover. School officials in Norwich, Vermont also signed on. Portsmouth, which last week said it was joining the case, is no longer participating, according to attorneys involved.
A spokesperson for the New Hampshire Education Department said they are required to tell their federal counterparts by April 24 which schools fail to submit forms.
In court, ACLU attorney Sarah Hinger told McCafferty the federal ban on DEI programs is too vague to follow and violates teachers’ and educators’ free speech rights. She and McCafferty noted the federal government has given schools conflicting guidance on what the ban would cover.
The written guidance schools received in February included programming and training, Hinger said. That goes beyond the narrow definition that the federal government’s attorney offered Thursday, she said.
“What the government has said in court and in its legal filings really differs,” she said. “And I think the court picked up on this.”
This is not the only ban on DEI New Hampshire schools may be facing.
House Republicans have proposed legislation that would withhold state funding from New Hampshire schools with DEI programs. The bill goes beyond targeting programs that classify people by race, gender, and ethnicity to include “other group characteristics for the purpose of achieving demographic outcomes.”
And teachers unions and the ACLU New Hampshire continue to challenge a 2021 state law that would limit lessons on racism, sexism, and gender discrimination. A New Hampshire federal district court judge struck down the law in 2024, saying it was too vague to follow.
The state is appealing.
The five New Hampshire school districts that are challenging the Trump Administration’s most recent DEI order, told the court they know they risk losing millions if they don’t comply. But they have no idea what counts as banned practices.
Somersworth Superintendent John Shea if that included free and reduced-price lunch, special education services, and support for immigrant families.
“The District has many goals for its schools and students—one of which is to increase equitable opportunities and to ensure that a student’s demographic characteristics do not limit a student’s success in school and life,” wrote in a court filing.
Dover’s assistant superintendent, Christine Boston, said her district remains committed to its equity plan, which calls for making the school culture inclusive, safe, and welcoming for all students and hiring a diverse staff that reflects the diversity of the student body.
“The (Trump administration’s order,) though its vaguely worded prohibitions, threatens the essence of what keeps our learning environment a place where all staff and stunned are welcomed and succeed,” Boston wrote in a court filing.
Streets of Portsmouth after snow storm
The streets of Portsmouth are still in the process of being cleaned up, as seen the afternoon of Tuesday, Jan. 27, 2026, following a huge snow storm.
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.
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.
The wintry mix may also cause a light glaze of ice across southern New Hampshire.
NH weather watches and warnings
The NWS has issued a winter weather advisory for the state of New Hampshire, in effect from 1 p.m. on Tuesday, March 3 through 4 a.m. on Wednesday, March 4.
Sign up for weather SMS alerts
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.
More than 30K FirstEnergy customers without power in Cuyahoga County
Remembering Jorge Pederson: Minnesota MMA fighter killed in Austin, Texas, shooting
3 Alabama players who helped their draft stock at 2026 NFL combine
Alaska lawmakers push Trump administration to waive $100k visa fee for international teachers
Autopsies show Arizona teens were both shot in the head while camping
Florida High School Football Rankings: Top 25 teams – Oct. 21
Cleary's 21 help Le Moyne down Central Connecticut State 69-64 in OT
How old is Bo Nix? What to know about Oregon quarterback ahead of 2024 NFL Draft
99th annual Pony Swim held in Virginia
Indiana Members Credit Union announced as new anchor tenant at Bottleworks District
Fraud-plagued Minnesota sues Trump admin for withholding $243M in Medicaid payments
Is Iran expanding attacks to target energy and civilian sites in the Gulf?
Trump claims US stockpiles mean wars can be fought ‘forever’; Kristi Noem testifies before Congress – US politics live
War in the Middle East: Iran’s broad retaliation in the Gulf • FRANCE 24 English
Trump sends official notification to Congress on strikes against Iran
-
World6 days agoExclusive: DeepSeek withholds latest AI model from US chipmakers including Nvidia, sources say
-
Massachusetts6 days agoMother and daughter injured in Taunton house explosion
-
Denver, CO6 days ago10 acres charred, 5 injured in Thornton grass fire, evacuation orders lifted
-
Louisiana1 week agoWildfire near Gum Swamp Road in Livingston Parish now under control; more than 200 acres burned
-
Oregon4 days ago2026 OSAA Oregon Wrestling State Championship Results And Brackets – FloWrestling
-
Florida3 days agoFlorida man rescued after being stuck in shoulder-deep mud for days
-
Technology1 week agoArturia’s FX Collection 6 adds two new effects and a $99 intro version
-
News1 week agoVideo: How Lunar New Year Traditions Take Root Across America