Rice Law Office Blog

Several weeks ago Floyd Mayweather cashed in on the largest purse in boxing history by pummeling Manny Pacquiao. His victory in the ring brought back into the spotlight his unfortunate history of domestic abuse. Mayweather joins a growing list of high profile athletes who have been thrust into the national spotlight as a result of alleged or actual domestic abuse. 

In New Hampshire domestic abuse is no longer viewed as private problem, and New Hampshire legislators have taken action to make it unlawful for employers to discriminate against victims of domestic abuse.

New Hampshire already had a longstanding law which prohibited employers from discriminating against victims of a crime, but RSA 275:71, passed on September 9, 2014 extends specific protection for those who have suffered domestic violence, sexual assault, harassment, or stalking.

As a result of the new law, victims of domestic abuse will have protections that ensure against discrimination in decisions around hiring, promotions, and discharge or demotion. Earlier versions of the bill included more expansive protections, but the Senate and House ultimately compromised to pass the bill in its current form.

It is estimated that one in every four women will suffer domestic abuse in their lifetimes, and the vast majority of these cases will go unreported. There is still a lingering stigma around discussing issues of domestic abuse, and enshrining protection for victims in employment law is a positive step.

As of January 1 2015, New Hampshire employers are required to give equal pay for equal work, regardless of gender. The new law prohibits employers from paying employees of one sex less than employees of the other sex for equal work that (1) requires equal skill, effort, and responsibility and (2) is performed under similar working conditions.

The law also provides protection for those involved in an equal pay dispute, and makes it easier for employees to obtain wage information. Employers in New Hampshire will need to review their wage practices to ensure compliance with the new law. Violation of the new laws could result in a fine up to $2,500, but employers would also be liable for unpaid wages and liquidated damages. 

This law is part of an effort to close the gender pay gap nation wide—women still make about 78 percent of what their male counterparts take home. In many ways, the states have taken the legislative lead on addressing this issue. New Hampshire is one of 45 states to enact legislative protection for gender equal wages.

There are exceptions that allow for employers to pay at different rates when the differential is determined based upon a factor of demonstrable value. Differences in seniority, performance, and education (among other factors) would still be acceptable reasons for pay differential.

President John F. Kennedy signed the Equal Pay Act in 1963, but women's wages still lag behind their male counterparts.  In the wake of this new state law, employers need to be sure that pay raises, promotions, and HR processes reflect their new legal obligations. Doing so will not only provide legal protection, but constitute a step towards establishing equal pay as a reality.

With the NBA playoffs in full swing, and the NCAA tournament just behind us, employers have the opportunity to review policies around office betting pools. While friendly office bets around March Madness, the Super Bowl, and other events are often seen as harmless fun, there are serious downsides to that type of activity.

The first concern comes down to worker productivity. While this is admittedly less of a concern for a one-off event like the Super Bowl or the Academy Awards, a betting pool based on events like the NBA playoffs or NCAA Basketball Tournament can offer a month long distraction. Given the very real ability to monitor (or even watch) every game from your computer at work, all workers face the temptation stay informed throughout the day at the expense of their work related duties.

The second worry centers around the legality of office betting pools. Many states have laws that prohibit office gambling, and while it is unlikely that local law enforcement officials would spend significant resources enforcing this law given the widespread prevalence of office gambling, it may still be illegal under the letter of the law.

Companies concerned with potential legal infraction, or the almost certain decrease in productivity, associated with office betting pools have the option of posting clear company policy prohibiting the activity. While office betting pools can be fun, they’re likely neither worth the risk nor the distraction.