New Hampshire’s Law is Minimal, but Part of Typical Scheduling Regulations

New Hampshire isn’t typically considered a state with secure scheduling or advanced scheduling laws. That’s because the state hasn’t passed full scheduling employment laws.

However New Hampshire has passed a law that is typically the first step in typical scheduling laws.

Senate Bill 146 is “relative to flexible working arrangements in employment”. It prohibits “an employer from retaliating against an employee who requests a flexible work schedule.”

The law doesn’t require employers to oblige employee requests, but does prohibit any negative action against the employee who makes the request.

It also protects employers against employee action for failing to provide the requested schedule.

The law aims to get rid of negative employment stigmas to employees who request flexible schedules.

Senator Feltes, who sponsored the bill said that substantial childcare responsibilities born by two-career households interfere with the ability of young families to remain in the workforce and contribute to the economy.

Other sponsors stated that this law would encourage conversation among employees and employers and would help in worker retention and expand opportunity for women.

The bill is brief, but has strict consequences for employers that violate the conditions of the bill. In addition, it fails to mention the types of actions that would be considered retaliation, which could cause uncertainty around when the law has been violated.

The law could cause confusion and conflict anytime an employer has negative action after an employee requests a flexible schedule. Employers will need to heavily document the reasons for the negative or disciplinary action to avoid the appearance of penalizing employees who make schedule requests.

Fortunately, the law does not provide for civil action by employees.

The ability for employees to request flexible schedules without employer retaliation is typically part of full advanced scheduling laws. The original bill included other provisions for scheduling requirements, but they were dropped with the final passage of the bill.

Currently Oregon and 6 cities have passed full scheduling laws. The cities with current advanced scheduling laws include San Francisco, Emeryville, Seattle, San Jose, and New York City.

Let SwipeClock Help

New Hampshire businesses, as well as employers across the United States have to comply with multiple conflicting City ordinances defining Scheduling requirements, Sick leave accrual and local FMLA usage laws.

Additionally, these businesses have to also comply with Federal Overtime Laws, the Federal Family Medical Leave Act and any other national or local laws that are enacted. SwipeClock provides a comprehensive array of workforce management and time tracking tools that can help businesses to more easily stay in compliance with local and national laws.

Records are effortlessly kept for years and accrual is automatically tracked and reported to employees according the state and city laws. Additionally, with geo-timekeeping clocks, businesses can effortlessly track time worked in specific cities to ensure compliance.

About SwipeClock

SwipeClock is a leading provider of cloud-based integrated workforce management solutions that include automated time and attendance, advanced scheduling, and leave management capabilities.

The company’s products, including TimeWorksPlus, TimeSimplicity and Workforce Management Clock enable employers to manage their most important and expensive asset-employees-by transforming labor from a cost of doing business to a competitive advantage.

SwipeClock’s workforce management solutions are sold through over 850 partners that empower more than 26,000 businesses to lower labor costs, comply with regulatory mandates, and maximize their profits. For more information, please visit www.swipeclock.com.

Resources

New Hampshire Flexible Working Arrangements

Written by Annemaria Duran. Last written October 28, 2017

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