With the start of the new year, employers should review and update their employee handbooks to ensure compliance with changes in state and federal laws and to minimize litigation risks. A handbook review should also consider whether any updates are required to reflect current workplace trends or developments. When a handbook is carefully drafted and regularly updated it will become an effective reflection of the values, culture, and expectations the company has established for the entire workforce.
Some specific policies for NH employers to review and consider in 2025 include the following:
1. Firearms in Workplace Parking Areas: As of Jan. 1, 2025, a new law in NH, RSA 159:27, permits certain employees to store firearms and ammunition in their personal vehicles on the employer’s property provided the vehicle is locked and the firearms and ammunition are out of sight. This new law applies to all state agencies, municipalities and private employers that receive public funds from the federal or state government. The law also prohibits all employers from inquiring into or searching for firearms or ammunition in locked vehicles on the employer’s property.
Many employers include broad statements in their handbooks prohibiting all weapons on company premises. This broad statement may need to be updated. Employers can still prohibit firearms from being carried inside the company’s workplace, in company vehicles, and everywhere else on the employer’s premises other than in the employee’s personal vehicle. Further, nothing in this new law prohibits an employer from maintaining a zero-tolerance policy for workplace violence.
2. Break Periods for Nursing Employees: Effective July 1, 2025, all NH employers with six or more employees must provide nursing mothers with an unpaid break of 30 minutes to pump for every three hours of work performed. This new law, RSA 275:78, expressly requires employers to adopt a workplace policy to address the use of sufficient space and reasonable break periods for nursing employees that need to express milk during working hours. It also mandates that employers provide this policy to employees at the time of hire. A handbook is a good place to achieve compliance with this new requirement.
3. Remote and Hybrid Work Guidelines: While there are no specific new laws governing employees who work on a remote or hybrid basis, the increase of remote and hybrid working relationships means that employers would be well-served to provide written guidelines to their employees on company expectations for remote-based work. The policy should clearly define what is expected from employees who work remotely in terms of availability, communication, supervision, and performance. It should also provide specific guidelines on the use of company devices and data security.
Lastly, the remote policy should require employees to notify employers in advance of changing their remote work locations. Employment laws vary from state to state. Usually, it is the law of the state where the employee is working that governs the employment relationship. For example, if a remote-work employee moves from NH to Massachusetts, the company may become subject to Massachusetts laws without even knowing about it, unless the employee has provided advance notice to the company. For non-exempt employees, it is especially important to outline company expectations in terms of working hours, and the requirement that employees properly track their working hours.
4. AI Usage: With the growing presence of Artificial Intelligence, employers should provide guidance on whether AI tools may be used in the workplace, and if so, how these tools may
be used. The policy should specify, among other things, which employees can and cannot use AI in their work and which types of work AI can be applied to. The policy should define the various AI terms, as well as provide clear rules on data privacy and security. It is important to educate employees on the importance of protecting the company’s intellectual property in AI interactions. Where this AI technology is evolving rapidly, and existing tools are quickly becoming outdated and replaced, it is especially important for employers to keep this policy up to date with timely training on the businesses’ ongoing expectations for the use of the technology.
Further Communication
Once the handbook has been completed, employers should consider holding informational meetings or sending an email to employees explaining any changes, why the changes were made, and how the changes will affect employees. When the handbook is distributed to employees, it is important to require employees to sign and date an acknowledgment form confirming that they have received, reviewed, and understand the new policies. Human resources should maintain a copy of the acknowledgement form in the employee’s personnel file. Invite employees to ask questions and make sure they understand the new expectations. Always make sure the updated handbook is easily accessible to all employees.
An annual review of your employee handbook is well worth the investment in protecting your business against legal risks, ensuring compliance, and fostering a positive, productive, and educated workforce.
Peg O’Brien is a director in McLane Middleton’s Litigation Department in Manchester and assists employers with legal compliance and risk management in all phases of the employment relationship, as well as defense of employers in matters pending before government agencies and courts. She can be reached at margaret.obrien@mclane.com.
