161 N.H. 69
N.H.2010Background
- Grimard, a salaried exempt employee of Rockingham County Department of Corrections, earned $48,000 annually paid biweekly; earned time is accrued (18 hours/month) and can be used or cashed upon termination; earned time deductions reduce time not salary; he was always paid full salary for each pay period; he argued RSA 275:43-b requires full salary regardless of hours worked; the DOL denied the wage claim and attorney’s fees request; the superior court affirmed, and Grimard appeals to the NH Supreme Court; the question is whether deduction of earned time from a salaried employee violates RSA 275:43-b, I.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether deduction of earned time from a salaried employee breaches RSA 275:43-b, I. | Grimard argues salary cannot be reduced by earned time. | Rockingham County can reduce leave time but not salary. | No violation; salary is the fixed amount; earned time deduction affects leave, not salary. |
| Meaning of 'salary' under RSA 275:43-b, I. | Salary is the fixed weekly pay regardless of hours. | Salary may be reduced only as provided by statute through leave policies. | Salary is the fixed monetary amount per pay period; earned time deductions are not salary reductions. |
| Whether the trial court correctly denied attorney’s fees. | If wage claim merits, fees may be awarded. | Wage claim not meritorious; fees denied. | Affirmed; trial court did not err in denying fees. |
Key Cases Cited
- Demers Agency v. Widney, 155 N.H. 658 (2007) (de novo review of questions of law; fee-shifting guidance)
- Gilman v. County of Cheshire, 126 N.H. 445 (1985) (definition of wages includes benefits; salary vs wages distinction)
- Appeal of Parkland Med. Ctr., 158 N.H. 67 (2008) (interpret statutes by plain meaning and context)