Drummond Woodsum Attorneys at Law

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Portsmouth, NH        603.433.3317
Manchester, NH        603.716.2895
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800.727.1941



September/October 2019

Mark T. Broth
Matthew C. Decker
HR Report: RSA 159:26 Re-Revisited: New Superior Court Opinion Finds that Public Employer May, Through Employment Contract, Prohibit Employees from Possessing Firearms in the Workplace

RSA 159:26, enacted in 2011, stripped local governments of their ability to regulate firearms in their communities, and gave exclusive regulatory authority to the Legislature.[1]  Previous articles in this space[2] have discussed whether the statute prevents local governments, acting in their capacity as employers, from adopting workplace rules and policies that prohibit public employees from possessing firearms at work.  While the question still has not been answered directly, a recent Superior Court decision strongly suggests that the statute was not intended to interfere with a local government’s ability to regulate employee conduct....

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New Hampshire Town and City

Employment & Labor
Municipal Law
 

July/August 2019

Mark T. Broth
HR Report: Workplace Violence

On May 31, 2019, an engineer employed by the City of Virginia Beach, Virginia, is alleged to have shot and killed 11 co-workers and a City contractor and injured several others. According to several media reports, the shooter was facing disciplinary action resulting from a fight with a co­\1vorker. The shooter is also alleged to have been involved in physical "scuffles" with other City employees and had demonstrated other unspecified behavioral problems. ...

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New Hampshire Town and City

Employment & Labor
 

June 1, 2019

Anna B. Cole
A Cautionary Tale: Public Employee Free Speech Rights under New Hampshire Law – Clark v. N.H. Department of Employment Security

On January 11, 2019, the New Hampshire Supreme Court issued a decision that serves as a strong reminder that public employers in New Hampshire must be careful not to run afoul of their employees’ free speech rights when making employment decisions.  

New Hampshire RSA 98-E provides public employees with a statutory right to engage in free speech.  RSA 98-E: 1 states, in pertinent part, “[A] person employed as a public employee in any capacity shall have a full right to publicly discuss and give opinions as an individual on all matters concerning any government entity and its policies,” except for matters that are privileged or confidential.  Because RSA 98-E permits public employees to engage in ...



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New Hampshire Town and City

Employment & Labor
Municipal Law
 

April 22, 2019

Hannah E. King
Don’t Be a Dope About Maine’s Cannabis Laws: Legal tips to avoid risk while running a New England cannabis business

Maine voters passed the Marijuana Legalization Act in 2016, which became law in 2018. Within a year, businesses were already starting to sprout up. But those interested in making a quick buck may want to seek other ventures, says Hannah E. King, a cannabis attorney with Drummond Woodsum in Portland, who also helped draft the legislation. Though legal cannabis has proven to be successful since 2012— when it was first legalized in Washington and Colorado—the industry remains highly regulated, volatile, difficult to navigate and, more than anything, risky.

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Super Lawyers

Regulated Substances
 

Winter 2019

Eric R. Herlan
Court Rules for School's Defense of Student Rights Against Parental Onslaught

In a case defying all misguided stereotypes about schools, the First Circuit Court of Appeals (First Circuit) has ruled in favor of Regional School Unit 72 in the school’s defense of student rights against a parental effort to impose “remedy caps” on special education claims.

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Reasonable Accommodation Reminder: Use the Interactive Process

One of the most frequent questions we hear from school employers is how to respond to an employee’s request (or a request from the employee’s health care provider) for some change to their job duties, schedule, ...

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Affordable Care Act Update

On December 14, 2018, a federal district court in Texas issued a declaratory judgment that the Affordable Care Act (ACA) was unconstitutional. The recent Texas court ruling...

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School Law Advisory

School & Education
 

Winter 2019

Laura J. O'Neill
The FAPE Standard Stays Put

The standard in our circuit (the First Circuit Court of Appeals) for judging Individualized Education Programs (or IEPs) remains good law in the wake of Endrew F. – so says the First Circuit in a recent decision out of Massachusetts. In Johnson v. Boston Public ....

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