CLIENT ALERT
Remote and Field Employees Count Too: NHDOL Clarifies Coverage Under Military Spouse Leave Law
The New Hampshire Department of Labor (NHDOL) now posts to its website Technical Information Bulletins (TIBs), a new tool for providing compliance guidance to employers and employees on specific questions regarding state laws the NHDOL enforces. The TIBs do not have the force of law but do provide helpful insight into how NHDOL will interpret a law when enforcing it. New Hampshire’s courts may provide a different, and more binding, interpretation of a law if a case alleging violation of that law - or appealing a decision under that law by the NHDOL - is filed.
New Interpretative Bulletin Focuses on Military Spouse Leave Law Coverage
In the most recent TIB, issued on July 14, 2026, NHDOL provides guidance on the scope of employers covered by RSA 110-C:1-a, New Hampshire's recently enacted law on employment protection for military spouses. The law became effective on January 1, 2026, and provides job protections and leave of absence rights to employees whose spouses are involuntarily mobilized to active military duty for up to one year and one day. Under the statute, employees who believe they have been subjected to a violation of the statute can file a complaint with the NHDOL, which is authorized to conduct hearings to determine if a violation has occurred. If the employee prevails, the NHDOL can award remedies such as reinstatement, back pay, lost benefits and reasonable attorney’s fees and costs.
As a preliminary matter, the statute applies only to employers that employ “50 or more individuals at the same location in New Hampshire.” (emphasis added). The question the NHDOL examined in the TIB, is whether, when counting the number of employees working “at the same location,” the employer should count only the employees who work in-person at that office/facility, or whether field and remote employees must also be counted.
Which Employees are Counted to Determine Coverage
In the TIB, the NHDOL concludes that the phrase “at the same location” is not limited to just the employees who regularly work in that office/facility. Instead, it includes all employees who work outside that location but are directed from and/or report into that location. The NHDOL’s interpretation is based, not on the literal meaning of the words “at the same location”, but on the intent of the law to provide broad rights to military spouses, and on the practical reality that many organizations now employ remote and field employees who work from locations outside of the office/facility. The NHDOL also looked to the interpretation of federal and New Hampshire WARN Acts for guidance because those laws use the similar concept of a “single site of employment.”
As an example, under the NHDOL TIB, an employer with a New Hampshire office in which 15 employees work, and an additional 45 employees who regularly work in the field (such as service technicians, caregivers, or fully remote workers) and who report into and/or take direction from the office employees, would be covered under RSA 110-C. In this example, all 60 New Hampshire employees would be entitled to the military spouse protections and rights under RSA 110-C.
Attorneys in our Labor & Employment practice group are available to offer insight into these new military spouse protections and rights and to assist employers with their related employment policies.
Sheehan Phinney's Labor and Employment Group
Andrea Chatfield is a member of firm's Labor and Employment Group. Our team is experienced in all aspects of employment law, labor relations and employee benefits. We stay on top of federal and state developments, helping employers to understand and manage an increasingly complex range of workplace legal issues in private and public sector business, as well as not-for-profit organizations.
This article is intended to serve as a summary of the issues outlined herein. While it may include some general guidance, it is not intended as, nor is it a substitute for, legal advice.