Ratte Law OfficeEmployment | Ratte Law Office

NH Enacts WARN Act in Response to Recent Mass Layoffs and Plant Closures

admin — Fri, 27 Nov 2009 15:47:57 +0000

NH Workers will receive more advance notice of mass layoffs and plant closures than required by federal law.

In response to some highly publicized and very sudden plant closures and mass layoffs that have plagued NH lately, the legislature enacted the NH Worker Adjustment and Retraining Notification Act (NH WARN).

SB-40 is based on the Federal WARN Act, but increases the number of employers who are subject to the Act and substantially increases the penalties for employers who do not comply with the notice requirements in the Act.

Both WARN Acts require 60 day notice to employees of any plant closure or mass layoffs subject to the Act, but NH has lowered the required number of affected employees from 50 employees being laid off to 25 (provided it is at least 1/3 of the full-time non-seasonal employees).

NH has also increased the number of employers subject to the Act by lowering the threshold from employers with at least 100 employees to 75. The NH WARN Act is estimated to affect some 300 more employers than the Federal Act.

An employer who fails to give notice of a mass layoff or plant closing, as required by this law, can be assessed a civil penalty of up to $2,500 and up to $100 per employee for each day of noncompliance, plus costs and attorneys fees. In addition, the NH Department of Labor is also permitted to place a lien on the employer’s revenues as well as all real and personal property of the employer to pay these assessments.

There are some narrow exceptions to the Act, most notably, a faltering employer who was actively seeking capital to avoid such layoffs and in good faith believed that notice of layoffs would preclude that capital investment.

For more information, contact Attorney Chris Ratté.

NOTICE: The information and articles posted on this website are for informational purposes only and are not intended as legal advice. Contact me to discuss your particular situation or consult a licensed attorney in your state.

NH Creates HealthFirst as an Affordable Wellness-Based Health Insurance Plan for Small Business

admin — Fri, 13 Nov 2009 15:36:06 +0000

HealthFirst Plans for small business began on October 1, 2009.

In these tough economic times, many small businesses are facing decisions about severely limiting health insurance coverage, or dropping coverage all together.

Recognizing that small businesses are the backbone of NH’s economy, and therefore a critical link in our health care system, NH enacted HealthFirst, an affordable, wellness-based health insurance plan for small employers.

“We set out to give small businesses and their workers a more affordable health care choice.” – Gov. John Lynch

HealthFirst is aimed to be comparable to the most popular, comprehensive health insurance plans for small businesses with an average 15 to 20 percent lower cost. The target rates are to be no more than 10% of the median income in the prior year, but will be rated based on risk like other health insurance rates.

In addition to providing a lower-cost alternative for small businesses of 50 or fewer employers, HealthFirst also focuses on keeping people healthy, which will help reduce the state’s overall health care costs. The plan calls for annual financial incentives for enrollees to quit smoking, maintain a healthy weight and participate in health management plans for chronic illnesses.

Starting Oct. 1, 2009, Anthem, Cigna, Harvard Pilgrim and MVP began offering NH HealthFirst Plans for small employers.

For more information, contact Attorney Chris Ratté.

How NH’s Same-Sex Marriage Law Will Affect Your Business

admin — Fri, 06 Nov 2009 15:24:33 +0000

NH employers must provide state mandated spousal benefits for same-sex couples.

NH recently became the 6th state in the U.S. (5th in New England) to enact a same-sex marriage law. Although NH has had civil unions since 2007, the amended law does away with the civil union concept and defines marriage as “the legally recognized union of 2 people… regardless of gender.”

Civil unions will be fazed out on Jan. 1, 2011, and at that time automatically be converted to marriages.

If your business made changes to its HR policies to comply with the civil union law, then not much will change for you.

Both the civil union law and the gay marriage law provide to same-sex unions all the same rights and benefits provided to married couples under state law. These benefits include such things as workers compensation and bereavement leave.

Federally created rights, however, are a different story.

The federal Defense of Marriage Act of 1996 (DOMA), prohibited the extension of any federal benefits allowed to married couples to same-sex couples. Because of this, the passing of gay marriage in NH will not change any employer requirements under federal law for same-sex spouses, such as requirements of federal tax laws, ERISA, COBRA, the Family and Medical Leave Act, or social security benefits.

DOMA also permits other states to decline to recognize NH’s same-sex marriages.

After signing the Bill, Gov. Lynch expressed support for changing the federal marriage law to allow gay marriages.

NH’s law against discrimination, RSA 354-A, prohibits discrimination in employment because of someone’s sexual orientation or perceived sexual orientation. Sexual orientation was added to the Act in 1998.

For more information, contact Attorney Chris Ratté.

New Laws Affecting NH Business Owners

admin — Wed, 21 Oct 2009 03:42:43 +0000

UPDATE – On Tuesday, November 3rd, I will be giving a condensed version of my presentation about recent legislation affecting NH businesses. So if you missed the original presentation, you have one more chance to learn how these new laws may affect your business. Here are the details:

Program: Upcoming Legislation Affecting NH Businesses

Date: Tuesday, November 3, 2009, 11:30-1:00

Location: ReMax Coast to Coast Realty, 150 Mirona Road, Portsmouth, NH

Cost: Free

On Friday, October 23rd, I will be giving a presentation on recent legislative changes affecting small businesses in New Hampshire. This should be an informative and interesting program for all NH business owners and managers. I hope to see you there. Details are below.

Program: Upcoming Legislation Affecting NH Businesses

Date: Friday, October 23, 2009, 8-9 am

Location: IOS, Pease International Tradeport,1 New Hampshire Ave., Rm. 300, Portsmouth, NH

Cost: $10

RSVP: Diane DeVries 603-534-2040 or diane@digrafika.com

What's in a Name? What it Really Means to be an Independent Contractor.

admin — Fri, 21 Aug 2009 14:47:18 +0000

Many business owners insist on referring to their workers as “independent contractors” as if the name alone will somehow magically save them from having to pay employment taxes, workers compensation premiums and other costs associated with having employees. The true test, however, is in the actions and not in the words.

To determine whether a worker is an employee or an independent contractor, the IRS has developed a three-part series of factors to be reveiwed.

Behavioral Control: Facts that show whether the business has a right to direct and control how the worker does the task for which the worker is hired, including such factors as when and where to do the work, what tools or equipment to use, and the amount of instruction given for individual tasks.
Financial Control: Facts that show whether the business has a right to control the business aspects of the worker’s job, including the extent to which the worker has unreimbursed business expenses and the extent of the worker’s investment in the facilities or equipment used by the worker in performing the services.
Type of Relationship: Facts that show the parties’ type of relationship include any written contracts describing the relationship the parties intended to create, whether the business provides the worker with employee-type benefits, and whether the relationship will continue indefinitely rather than for a specific project or period of time.

There are many other factors to be considered and each situation must be reviewed on an individual basis. A simple rule of thumb is this: look at what the worker is actually doing, and if they look and act like an employee then they probably are.

For a free half hour consultation regarding employment law issues, please contact Attorney Chris Ratté.