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THE SUPREME COURT OF NEW HAMPSHIRE
___________________________
Department of Labor
No. 2000-548
APPEAL OF BARRY S. LEONARD, SR.
(New Hampshire Department of Labor)
Argued: February 7, 2002
Opinion Issued: April 16, 2002
Soule, Leslie, Kidder, Sayward & Loughman, P.L.L.C., of Salem (Robert P. Leslie and Diane M. Gorrow on the brief, and Mr. Leslie orally), for the petitioner.
Leeming Law, PLLC, of Concord (Simon C. Leeming on the brief and orally), for the respondent, Fred Fuller Oil Company, Inc.
Brock, C.J. The petitioner, Barry S. Leonard, Sr., appeals the decision of the New Hampshire Department of Labor (DOL) dismissing his claim that his employer, Fred Fuller Oil Company, Inc. (Fuller Oil), violated the Whistleblowers’ Protection Act (Act). See RSA 275-E:2 (1999). The DOL ruled that Leonard did not report a violation of law within the meaning of the Act and failed to satisfy the requirements of RSA 275-E:4 (1999). We reverse and remand.
The historical facts of this case are described in detail in Appeal of Fred Fuller Oil Co., Inc., 144 N.H. 607, 611 (2000), in which we clarified the standard for reporting a violation under RSA 275-E:2, I(a) (section two) of the Act, vacated the decision of the DOL and remanded for further proceedings. Here, we reiterate the critical facts, referencing Appeal of Fred Fuller Oil for those details that assist in providing a more complete understanding of the events.
Fuller Oil employed Leonard as a fuel-oil delivery driver until his discharge on January 12, 1996. During the winter months of 1996, the harsh weather caused an increase in customer use and need for oil. As a result, Leonard and other fuel-delivery drivers worked long hours to meet customer demand. Indeed, throughout December 1995 and early January 1996, Leonard worked in excess of sixty hours per week, Monday through Saturday. Appeal of Fred Fuller Oil, 144 N.H. at 608. Sunday was his only scheduled day off during this period. On January 10, 1996, Fuller Oil posted a notice at Leonard’s place of employment indicating that the company needed volunteers to deliver oil on Sunday, January 14. Because no fuel-oil delivery drivers volunteered, on January 12 Fuller Oil mandated that its employees work on Sunday, January 14 and ordered that "if anyone had a problem" they should speak directly to the president, Fred Fuller. In Appeal of Fred Fuller Oil, we noted that on January 10, 1996, "the Federal Highway Administration of the United States Department of Transportation declared a regional emergency pertaining to the transportation of heating fuels in New Hampshire, thereby suspending certain maximum driving-time limitations for fuel-oil delivery drivers." Id. Although the emergency declaration expressly suspended federal maximum driving-time limitations, see 49 C.F.R.