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Republican Gov. Chris Sununu delivered his final state-of-the-state address Thursday, urging lawmakers to continue on the path of fiscal prudence and limited government that he said has made New Hampshire “a beacon of success.”
“Continued success is not inevitable. We must continually challenge ourselves, putting individuals before the system, to strive to be better stewards of taxpayer dollars and more accountable to the people of the state,” he said. “Over these last seven years, New Hampshire has stood out as a beacon of success and a safe haven for freedom and opportunity. We have all put in the hard work, and this has always been a true team effort.”
Sununu, who is only the second governor in New Hampshire history to serve four terms, has just under a year left in the corner office. After flirting with running for U.S. Senate and president, he announced in July that he wouldn’t seek another term as governor, though he joked about that decision Thursday.
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“The filing period to run again isn’t until June, so you never know!” he said, before quickly adding, “Just kidding!”
Republican New Hampshire Gov. Chris Sununu waves in the leadup to his final State of the State address on Thursday, Feb. 15, 2024, in Concord, New Hampshire. (AP Photo/Charles Krupa)
The son of a former governor, Sununu was the youngest top executive in the country when he took office in 2017 at age 42. Now 49, he has seen control of the Legislature flip from Republican to Democrat and back again, with a near-even split in the 400-member House during his fourth term. At times he’s had a rocky relationship with members of his own party thanks to the growing influence of libertarian-leaning members bent on severely limiting state government. But he gave lawmakers credit Thursday for what he deemed one of the state’s greatest achievements during that time: the bipartisan budget that sailed through the Legislature last year.
“It didn’t come with any gimmicks or any promises. It was achieved with a lot of hard work,” he said.
Senate Minority Donna Soucy, a Democrat from Manchester, said she was pleased to hear that praise, while noting one topic Sununu didn’t bring up.
“I think it was most notable that the governor’s greatest accomplishment was the Legislature’s accomplishment,” she said. “The one thing I thought was an omission on his part was the fact that he’s the first governor in New Hampshire’s history to sign an abortion ban. Clearly it must be something he’s not very proud of.”
Sununu signed a state budget in 2021 that included a ban on abortion after 24 weeks of pregnancy, saying the alternative would have been a veto that would have shut down state government during the coronavirus pandemic. The current Legislature is considering at least half a dozen bills aimed at either further restricting the procedure or enshrining abortion rights in state law.
His speech Thursday lasted less than half an hour, barely four minutes for each year in office. He highlighted investments in affordable housing, education and mental health, using the latter as a springboard to discussion of the state’s opioid crisis. Sununu described successful programs that connect those struggling with addiction with services and recovery-friendly workplaces.
Sununu then segued into his recent plan to join other states in sending National Guard soldiers to Texas to control illegal crossings on the U.S.-Mexico border.
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“The fentanyl supply over America’s southern border is increasing daily,” said Sununu, who will ask the Legislature’s fiscal committee for $850,000 on Friday to send 15 Guard members to Texas. “This is not a Texas problem. This is a national crisis, and New Hampshire has the chance to provide specialized support, follow the laws of the land and keep our citizens safe.”
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.
Local News
A new photo has been released of the victim in a nearly 30-year-long unsolved murder case, in the hope of finding any new potential witnesses in the cold case, New Hampshire officials said.
“Our family wants to know what happened, who did this and why,” the family of Rosalie Miller said in a press release. “We miss her and want to give her peace.”
Miller was last seen on December 8, 1996 at her apartment in Manchester. At the time of her disappearance, Miller had plans on meeting friends in the Auburn, New Hampshire area, officials said.
Her body was found on January 20, 1997 in a partially wooded spot on a residential lot along the Londonderry Turnpike in Auburn, officials said in the release.
The autopsy report declared Miller’s death a homicide by asphyxiation due to ligature strangulation, N.H. officials wrote.
As part of a new effort to garner public help with the case, an “uncirculated” photo of Miller, 36, is being distributed “in hopes it may jog the memory of someone who saw or spoke with her in the winter of 1996,” Attorney General John M. Formella and New Hampshire State Police Colonel Mark B. Hall announced on behalf of the New Hampshire Cold Case Unit in a joint press release.
Investigators are especially hoping to talk to anyone who was in contact with Miller in December of 1996 or anyone “who may have seen her in the vicinity of the Londonderry Turnpike in Auburn during that time,” officials said in the release.
“We are releasing this new photograph today because we believe someone out there has information, perhaps a detail they thought was insignificant at the time, that could be the key to solving this case and bringing justice for Rosalie and those who loved her,” Senior Assistant Attorney General R. Christopher Knowles, New Hampshire Cold Case Unit Chief said in the release.
The New Hampshire Cold Case Unit encourages anyone with any amount of information to contact the group at [email protected] or (603) 271-2663.
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