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NewHampshire’s administration of the program is described here. There are hundreds of DBE-certified businesses in NewHampshire, including some out of state businesses. Is this type of favoritism, intended to rectify past discrimination, constitutional? On September 23, 2024, one court gave its answer: No.
Like many states, NewHampshire law requires that if a subcontractor doesn’t pay wages to its employees, the general contractor must pay them. RSA 275:46.
In NewHampshire, attorneys’ fee awards take into account “ the amount involved , the nature, novelty, and difficulty of the litigation, the attorney’s standing and the skill employed, the time devoted, the customary fees in the area, the extent to which the attorney prevailed , and the benefit thereby bestowed on his clients.”
But in NewHampshire at least, if the parties’ contract allows one or both of them to elect either litigation or AAA arbitration for resolving contractual disputes, and one of the parties then insists on arbitration in accordance with AAA rules, that clarity and unmistakability are lost and the court will decide the arbitrability issue.
These updates include changes to minimum wage, whistle blowing, discrimination, unemployment and more. For more information on a custom safety program for your company, please contact us by clicking here. 28 states have rolled out updates to mandatory labor law posters for 2013.
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