Donald Lee Smith
I serve as chair of Devine Millimet’s Labor & Employment practice group and provide advice and counsel to the firm’s private, non-profit, and governmental clients in all aspects of employment law.  I regularly counsel clients on the myriad issues that employers experience on a daily basis, including employee hiring, leaves of absence, wage questions, accommodations, discipline, and discharge. I also help clients draft employment agreements, severance documents, and handbook policies, and provide training on anti-discrimination, anti-harassment, and other state and federal employment laws so that employers, and their employees, know the law and are able to comply with the law.   My goal is to work closely with our employer clients so that I understand each client’s business concerns and objectives and can provide prompt advice and counsel when employment issues arise. 
I also regularly represent employers in litigation, including employers who have been sued by a current or former employee for issues ranging from alleged discrimination or retaliation to disagreements about compensation. I have experience representing employers in the state and federal courts as well as in administrative agencies such as the New Hampshire Commission for Human Rights, the Equal Employment Opportunity Commission, OSHA, and the state and federal Departments of Labor. Several of our clients are municipal or other public employers who are subject to unique labor and employment laws and regulations. In litigation matters, I work closely with clients to understand their needs and objectives to develop a strategy that resolves the dispute in the most efficient and economical manner.

In addition to my employment law practice, I also represent municipalities, counties and governmental agencies in litigated matters, including civil rights claims, 
Prior to becoming a lawyer, I taught high school history and civics and coached several different sports, including football, wrestling, cross country, and track and field. My enjoyment of sports continues, and I am an avid fan of most sports. My wife and I also regularly hike in the White Mountains of New Hampshire and are continuing our quest to hike all of the 4,000-foot peaks in the state. I also enjoy community service and have been a member of the Loudon Lions Club for more than 20 years.

Representative Matters

  • Represented municipality in successful defense of religious discrimination land use case.
  • Represented institute of higher education in successful claim by former student asserting due process violation based on disciplinary action.
  • Representation of numerous employers, including public employers, in discrimination and retaliation claims brought in the New Hampshire Commission for Human Rights and the Equal Employment Opportunity Commission.
  • Represented creator of Internet character in trademark dispute concerning ownership of the character's name.
  • Briefed and argued landmark case of Everitt v. General Electric Co., 156 N.H. 202 (2007), in which the New Hampshire Supreme Court first recognized that municipal police officers are entitled to immunity for discretionary decisions made while acting within the scope of their official duties.
  • Briefed and argued case of Wilson v. Progressive Northern Insurance Co., 151 N.H. 782 (2005), in which the New Hampshire Supreme Court expanded the definition of a hit-and-run driver for purposes of uninsured motorist coverage.
  • Obtained defendants verdict in action brought by the United States Department of Labor against employer in which the Department of Labor claimed retaliatory discharge based on alleged OSHA violation.


  • "FFCRA Establishes New Paid Sick Leave & Family Leave Rights and Employer’s Right to Receive Tax Credit," Devine Millimet E-Alert, March 18, 2020
  • "EEOC Takes Position That Title VII Prohibits Sexual Orientation Discrimination," Devine Millimet E-Alert, February 19, 2016
  • "Interplay Between FMLA & ADA Leave Can Be Tricky," Devine Millimet E-Alert, February 5, 2016
  • "Proposed Overtime Rule Change in Employment Law," Devine Millimet E-Alert, September 29, 2015
  • "FLSA Exemption for Highly Compensated Employees," Devine Millimet  E-Alert, November 21, 2014
  • "FMLA Medical Certification," Devine Millimet E-Alert, July 25, 2014
  • "Supreme Court Amends Rules Governing Trust Fund Accounting," Devine Millimet E-Alert, June 10, 2014
  • "NLRB Rules Northwestern University Football Players are ‘Employees’ and Can Unionize," Devine Millimet E-Alert, April 11, 2014
  • "Ethical Concerns Implicated by Litigation Sanctions," Devine Millimet E-Alert, March 24, 2014
  • "Court Rules Temporary Impairment Qualifies as ‘Disability’ Under the ADA(AA)," Devine Millimet E-Alert, February 21, 2014
  • "Marketing Legal Services Through Groupon Permissible, With Conditions," Devine Millimet E-Alert, November 8, 2013
  • "Avoiding the Liability in Sexual Harassment Claims," Devine Millimet E-Alert, October 11, 2013
  • "Firefighter/Law Enforcement Exception to ADEA," Devine Millimet E-Alert, June 21, 2013
  • "First Circuit Sides with University in Gender/National Origin Discrimination Claim," Devine Millimet E-Alert, May 3, 2013

Speaking Engagements

  • "Hot Topics in Employment & Benefits Law," Devine Millimet Seminar, Manchester, NH, November 5, 2019
  • "Complying with DOL Overtime Regulations," NH Center for Nonprofits, June 23, 2016
  • "Managing Difficult Employees: From Hiring to Firing and Everything in Between," Devine, Millimet & Branch, P.A., January 27, 2016
  • "Local Government Law: What Attorneys Need to Know," National Business Institute, January 13, 2016
  • "Handling the Police Liability Claim,"  National Business Institute seminar, February 10, 2015
  • "Hot Topics in Employment Law," Devine Millimet & Branch, October 23, 2013

Community Involvement

  • Race Director, Angel's 5-K Road Race, Penacook, NH 2012
  • Steering Committee, White Mountain Gran Fondo Bicycle race to benefit City Year, NH
  • Daniel Webster Council Explorer Post, instructor
  • Loudon Lions Club, president and founding member
  • Leadership Greater Manchester Program, graduate
  • Daniel Webster-Batchelder American Inns of Court, member
  • City Year New Hampshire, former member of board of directors
  • New Hampshire Historical Society, member
  • Canterbury Shaker Village, member

We Can Help You

Contact us today to learn more about how the attorneys at Devine Millimet can help you with your legal needs.

            Services & Industries

            Dispute Resolution & Litigation

            Educational Institutions

            Employment & Employee Benefits Litigation

            Insurance Defense

            Insurance Law

            Labor, Employment & Employee Benefits

            Municipal Liability


            Personal Injury & Property Damage

            Bar Admissions

            New Hampshire


            Vermont Law School, JD, magna cum laude, 2001

            Northern Arizona University, BA, magna cum laude, 1993

            Awards & Affiliations

            New England Super Lawyers - Top Rated Employment Litigation: Defense Attorney, 2011, 2014 - 2020

            Super Lawyers - New England Rising Stars, Top Rated Employment Litigation: Defense Attorney, 2010

            Included in The Best Lawyers in America© for his work in Commercial Litigation since 2013, Employment Law - Management since 2020, Litigation – Insurance since 2018, and Personal Injury Litigation - Plaintiffs since 2021

            BV Distinguished Rating, Martindale-Hubbell

            New Hampshire Bar Association, Chair of Federal Practice Section

            Manchester Bar Association

            Daniel Webster-Batchelder American Inns of Court

            Best Lawyers Award Badgemybadge-(8).png mybadge-(9).png