Client Alert By Attorneys David W. McGrath and Jennifer S. Moeckel May 3, 2024 The Federal Trade Commission (FTC) recently announced a final rule banning some non-compete agreements. If the rule is not stopped by the courts, it will go into effect 120 days after it is officially published, which is expected to occur on May 7, 2024. Readers might remember that in January, 2023, when the FTC issued the proposed rule which preceded this final rule, Sheehan wrote a client alert which is available here. What do New Hampshire businesses need to know about the final rule? Although it is called a fina ..read more

(04/30/24, Boston, MA, Manchester, NH) – Sheehan Phinney is proud to welcome Patrick J. Queenan back to its Litigation Department. He returns to the firm from the United States Department of Justice, Criminal Division, Fraud Section, where he prosecuted and investigated white-collar criminal cases across the country. Queenan is a skilled trial attorney who is a member of the firm’s Litigation Department and Healthcare Practice Group. He has extensive experience leading trial teams and conducting complex and sensitive investigations. As a former federal and state prosecutor, Queenan focuses his ..read more

Client Alert Covered Employers Need to Prepare to Comply with the New Salary Minimums and Otherwise Confirm That Their Overtime Exempt Employees Meet All Applicable Requirements By Attorneys Andrea G. Chatfield and James P. Reidy On April 23, 2024, the US Department of Labor (USDOL) issued its highly anticipated final rule (“Final Rule”) that will raise the standard minimum salary level needed for most white-collar exempt employees on July 1, 2024, and then increase it again beginning January 1, 2025.   This Final Rule will also increase the total compensation minimum for highly comp ..read more

This article, written by attorney JP Harris, was originally published by the NHBR and can be found here. Before entering into any contract addressing data, keep contractual clauses under close scrutiny Because data is essential in today’s economy, many contracts signed by businesses address the parties’ rights and responsibilities for data.  Contracts commonly restrict the use of the data to only those purposes expressly authorized by the agreement. But contracts also allocate the risks inherent in possessing and using the data, including those risks associated with personally identifiabl ..read more

This article, written by Judith Bomster and Alisha Cahall, was originally published bot the NH Bar News, and can be found here (p27). The Supported Decision Making (SDM) law, RSA 464-D, passed in 2021 and became effective on January 1, 2022. SDM helped redefine how individuals with disabilities make life decisions. Unlike the traditional guardianship model which involves a complete transfer of an individual’s decision-making authority to another person through a court process, SDM allows an individual to maintain their autonomy and make decisions about their own life through use of support net ..read more

This article, written by attorney Karen Whitley, was originally published by the New Hampshire Bar News and can be found here (p25). A post-pandemic tug of war is playing out between employers calling workers back to the office and employees who want to work from home. Among other reasons, employers focus on the  importance of in-person collaboration, mentoring, and performance monitoring. On the other hand, employees who worked successfully from home during the pandemic may want to continue,  particularly if remote work would be a reasonable accommodation of a disability under the A ..read more

This article, written by attorney Doug Verge, was originally published by NHBR and can be found here. On March 6, Gov. Chris Sununu approved Senate Bill 255-FN, a comprehensive privacy law designed to protect consumers’ personal data. The law will take effect on Jan. 1, 2025. Personal data means any information that is linked or reasonably linkable to an identified or identifiable individual, but does not include publicly available information. Generally speaking, any information that reasonably could be used to identity an individual, and any private information about that identified or id ..read more

This article, written by Brian Bouchard, was originally published by seacoastonline.com and can be found here. Companies today increasingly tap into the independent contractor market to fill gaps in their labor pool.  This is particularly common when solving a part-time or temporary need. A company once asked me about hiring a new Chief Marketing Officer as an independent contractor to work one day a week for four months while she finished employment elsewhere.  Other companies have asked about moving light-duty employees from full-time to independent contractors because they are not ..read more

This article, written by attorneys Jennifer Moeckel and Andrea Chatfield, was originally published by Business NH Magazine and can be found here. As new mothers often turn to “What to Expect When You’re Expecting” to be prepared for parenting, employers need to brush up on new laws to make sure they are supporting pregnant and nursing mothers while meeting legal requirements. New Hampshire law (RSA 354-A:7) requires employers with six or more employees to provide all female employees with unpaid, job-protected time away from work for the “period of temporary physical disability resulting from ..read more

(3/27/2024, Manchester, NH) – Sheehan Phinney attorney, Alisha Cahall, has been named to the Friends of Aine Board of Directors. Friends of Aine Center for Grieving Children and Families offers Support for grieving children and families, educates our schools and our community about grief, and serves as an advocate to raise awareness of grief as a public and mental health issue. Cahall practices in the areas of estate and special needs planning, elder law, and probate and trust administration. Previously, she supported the Special Education Unit of the New York City Department of Education as a ..read more