As the New Hampshire 2003 Legislative Session comes to a close, the following
highlights the outcome of certain bills of particular interest to
employers.
• SB 53, An Act establishing an advisory board to the labor
commissioner and relative to the terms of members of the compensation appeals
board (Senator Flanders, District 7).
This bill establishes an
advisory board to the labor commissioner, which shall evaluate candidates for
the compensation appeals board. The bill also changes the term of members of the
compensation appeals board. Senate Bill 53 passed the Senate with an
amendment, which the House subsequently passed. Governor Benson allowed
the bill to become law without his signature on June 9, 2003. The
effective date of this act is January 1, 2004.
• HB 559, An Act
relative to grounds for termination of employment (Representative Holden,
Hillsborough 48).
This bill protects an employee from discharge or
discrimination when the employee has spoken about a matter that is of public
importance concerning his or her employment. Protected speech does not
include speech that divulges trade secrets, patents, or certain other
confidential information. This would create an additional potential cause of
action for employees, who are reassigned, disciplined or terminated. House Bill
559 has been retained in the House Labor Committee, we will monitor this
legislation over the summer.
• HB 468, An Act relative to the
enforcement of labor protection statutes (Representative Gilman, Grafton
9).
This bill would have allowed the labor commissioner to hold
hearings and investigate charges of violations of the labor protection statutes
either on his own motion or on an employee complaint. It would also have
allowed the Department to initiate a wage claim and extends the period to file a
wage claim from 18 months to 36 months. Passage of this bill would likely lead
to an increase in the number of Department of Labor investigation and hearings.
House Bill 468 passed the House, but was found Inexpedient to Legislate in the
Senate.