2026 New Hampshire Employment Law Update
Date: May 5 Time: 8:00 am - 4:30 pm
Cost: $175-199175 – $175-199199
Windham, NH 03087
McLane Middleton’s annual New Hampshire Employment Law Update will be on May 5, 2026 at the Castleton Banquet & Conference Center in Windham, NH.
Join our employment attorneys as we discuss the latest trends in employment law. As always, we will share “news you can use,” along with presentations on topics affecting employers today.
Agenda:
8:00 a.m. – Registration
8:30 a.m. – News You Can Use: Court Decisions, Legislative Changes, and Federal Agency Updates
Presenters: Adam Hamel & Jennifer Parent
9:30 a.m. – Employee Benefits Update
Presenter: John Rich
Overview: This session will provide an update on new laws, administrative guidance and court decisions that impact retirement and other workplace benefit plans offered by New Hampshire employers.
10:00 a.m. – Break
10:15 a.m. – Managing Litigation Risks During Performance Management and Termination Decisions
Presenters: Jennifer Parent & Amanda Brahm
Overview: This session is designed for HR professionals and supervisors who are directly involved in managing performance, documenting concerns, and making termination decisions. We will discuss the most common litigation risks that arise from performance management—such as inconsistent documentation, poorly timed discipline, comparator issues, and retaliation claims—and how those risks are evaluated by courts and federal and state agencies. Participants will learn practical strategies for creating defensible performance records and coordinating HR and legal review at key decision points.
11:00 a.m. – Review of ADA Accommodations Best Practices
Presenters: Margaret (“Peg”) O’Brien & Brian Garrett
Overview: Latest developments from the EEOC and federal courts on reasonable accommodation issues and the importance of training supervisors on possible triggers to the interactive process, what supervisors and HR personnel should be trained to say and document in response to employee requests, practical developments on the meaning of the term “reasonable,” particular accommodation questions, such as remote work, whether/how much “leave” (including a repeated leave extension) is required, how this interplays with the FMLA, whether reduced workloads, a “fragrance or chemical free” environment, shift changes, or supervisor changes, are required, and whether discipline must be rescinded as an accommodation.
12:00 p.m. – Lunch
12:45 p.m. – Immigration Law Update – Preparing for an I9 Audit or ICE Raid
Presenter: Andrea Hellrigel
Overview: Would your business be ready to respond to ICE or other government actions? Workplace immigration compliance and enforcement are under scrutiny now more than ever. This session provides HR professionals and business leaders with practical guidance on Form I-9 compliance, audits, inspections, and broader business immigration considerations. Participants will gain actionable strategies to avoid compliance pitfalls, respond effectively to ICE visits or government inquiries, and maintain secure lawful hiring practices while protecting employees and the organization.
1:15 p.m. – Federal and State Wage and Hour Compliance
Presenter: Margaret (“Peg”) O’Brien
Overview: The latest federal law guidance with respect to the white collar and other exemptions; new exemption and misclassification decisions including under the highly compensated and salary basis rules; remote work, off-the-clock, expense reimbursement and compensable time challenges; actual or constructive knowledge of time worked; and the explosion of new state laws on salary transparency; and the status of state and federal independent contractor tests and new developments involving independent contractors workers.
2:15 p.m. – Break
2:30 p.m. – FMLA Compliance and Best Practices for Multistate Employers
Presenters: Adam Hamel & Amanda Brahm
Overview: Keeping up with rapidly changing state leave laws can be a challenge. This session will examine FMLA compliance issues for multistate employers, with an emphasis on coordinating federal FMLA obligations with related state leave laws. We will address coverage and eligibility analyses, concurrent vs. non‑concurrent leave designation, notice and certification timing, intermittent leave tracking, reinstatement rights across jurisdictions, and challenging employee communications.
3:00 p.m. – Retaliation and Whistleblower Claims: Working through Fact Patterns
Presenters: Adam Hamel, Amanda Brahm, & Brian Garrett
Overview: Employers are seeing an uptick in retaliation and whistleblower claims. Identifying and responding correctly to protected activity can be a challenge and this session is designed to test your knowledge through real-life scenarios. Come ready to discuss!
4:00 p.m. – Q&A & Wrap-Up
Credits
McLane Middleton will be offering HRCI and SHRM credits for this event.
Cost:
Special Early Bird Rate: $175.00 (through March 22, 2026)
Regular Rate: $199.00 (After March 22, 2026)
Registration includes continental breakfast, lunch, and electronic copies of materials.
Presenters
Peg O’Brien 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. Peg provides on-site and virtual training for employees and supervisors on harassment prevention and documentation and discipline best practices, and other employment law matters. Peg provides on-site and virtual training for employees and supervisors on harassment prevention and documentation and discipline best practices, and other employment law matters. In addition, Peg conducts workplace investigations as an internal or outside independent investigator, and recently completed the Massachusetts Commission Against Discrimination’s Certified Course on Conducting Discrimination Complaint Investigations. Peg frequently presents at seminars on employment law issues before human resources and trade groups. She has practiced law for more than 25 years and has handled litigation in federal and state courts throughout New Hampshire. She has extensive jury trial experience as well as extensive experience appearing before government agencies.
Adam is a director in McLane Middleton’s Litigation Department and vice chair of the firm’s Employment Law Practice Group, concentrating his practice in the areas of business, employment and probate litigation. Adam regularly assists clients on a variety of commercial and employment litigation matters, including claims of wrongful termination, discrimination, and violations of restrictive covenants. Adam also has extensive experience working on will contests, fiduciary litigation and guardianships.