TITLE XXIII
LABOR

CHAPTER 275-F
NEW HAMPSHIRE WORKER ADJUSTMENT AND RETRAINING NOTIFICATION ACT

Section 275-F:9

    275-F:9 Civil Penalty. –
I. An employer who fails to give notice as required by RSA 275-F:3, I(b) may be assessed a civil penalty of up to $2,500; in addition, such an employer may be assessed a civil penalty of up to $100 per employee for each day of noncompliance. The employer is not subject to a civil penalty under this section if the employer pays to all applicable employees the amounts for which the employer is liable under RSA 275-F:8 within 3 weeks from the date the employer orders the mass layoff or plant closing. All such civil penalties collected shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
II. Any penalty amount paid by the employer under federal law shall be considered a payment under this chapter.
III. If an employer proves to the satisfaction of the commissioner that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the commissioner may in his or her discretion reduce the amount of the penalty provided for in this section.

Source. 2009, 325:1, eff. Jan. 1, 2010. 2011, 224:53, eff. July 1, 2011.