TITLE XXIII
LABOR

Chapter 275
PROTECTIVE LEGISLATION

Procuring Employment; Imposition of Conditions

Section 275:1

    275:1 Union Membership. – No person shall coerce or compel, or attempt to coerce or compel, any person into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of securing or continuing in any employment.

Source. 1913, 208:1. PL 176:29. RL 212:21. 1947, 195:1 par. 21. 1949, 57:1, eff. Mar. 11, 1949.

Section 275:2

    275:2 Penalty. – Whoever violates any provision of RSA 275:1 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1913, 208:2. PL 176:30. RL 212:22. RSA 275:2. 1973, 528:162, eff. Oct. 31, 1973 at 11:59 p.m.

Section 275:3

    275:3 Payment for Medical Examination or Records Furnished. – It shall be unlawful for any employer, as defined in RSA 275:4, to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.

Source. 1951, 125:1, eff. May 29, 1951.

Section 275:4

    275:4 Definition of Terms. –
I. The term "employer" as used in the preceding section shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state. A franchisor is only an employer if the franchisor agrees in writing to assume the role of employer or co-employer of the franchisee or the employee of the franchisee.
I-a. For the purposes of this section, "franchisee" and "franchisor" have the same meanings as in section 436.1 of title 16 of the Code of Federal Regulations.
II. In this subdivision, "employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VI(b)(2), (3), or (4), or RSA 281-A:2, VII(b), or a person providing services as part of a residential placement for individuals with developmental, acquired, or emotional disabilities, or any person who meets all of the following criteria:
(a) The person possesses or has applied for a federal employer identification number or social security number, or in the alternative, has agreed in writing to carry out the responsibilities imposed on employers under this chapter.
(b) The person has control and discretion over the means and manner of performance of the work, in that the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the employer.
(c) The person has control over the time when the work is performed, and the time of performance is not dictated by the employer. However, this shall not prohibit the employer from reaching an agreement with the person as to completion schedule, range of work hours, and maximum number of work hours to be provided by the person, and in the case of entertainment, the time such entertainment is to be presented.
(d) The person hires and pays the person's assistants, if any, and to the extent such assistants are employees, supervises the details of the assistants' work.
(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.
(f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.
(g) The person is not required to work exclusively for the employer.

Source. 1951, 125:2. 1999, 279:1. 2007, 362:2, eff. Jan. 1, 2008. 2012, 139:1, eff. Aug. 6, 2012. 2017, 255:1, eff. July 18, 2017.

Section 275:5

    275:5 Penalty. – Any employer who violates the provisions of RSA 275:3 or RSA 275:4 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. It shall be the duty of the labor commissioner to enforce the provisions hereof.

Source. 1951, 125:3. RSA 275:5. 1957, 187:15. 1973, 530:42, eff. Oct. 31, 1973 at 11:59 p.m.

Section 275:6

    275:6 Repealed by 2000, 38:1, eff. June 6, 2000. –

Section 275:7

    275:7 Repealed by 2000, 38:1, eff. June 6, 2000. –

Section 275:8

    275:8 Repealed by 2000, 38:1, eff. June 6, 2000. –

Section 275:9

    275:9 Repealed by 2000, 38:1, eff. June 6, 2000. –

Section 275:10

    275:10 Advances to Laborers. – Whoever enters into an agreement to labor for another in any lumbering operation or in driving logs, and in consideration thereof receives any advance of goods, money or transportation, and without cause fails to enter into said employment as agreed and labor for a sufficient length of time to reimburse his employer for said advances and expenses of transportation, shall be guilty of a misdemeanor.

Source. 1917, 3:1. PL 176:35. RL 212:27. RSA 275:10. 1973, 528:164, eff. Oct. 31, 1973 at 11:59 p.m.

Section 275:11

    275:11 Labor Trouble, Soliciting Help. – If any employer, during the continuance of a strike, lockout or other labor trouble among his employees publicly advertises in newspapers, or by posters or otherwise, for employees, or by himself or his agents solicits persons to work for him to fill the places of strikers, he shall plainly and explicitly state, in such advertisements or oral or written solicitations, that a strike, lockout or other labor disturbance exists. If a strike exists, the employer shall in the advertisement plainly and explicitly state that a "strike" exists.

Source. 1913, 212:1. 1917, 99:1. PL 176:36. RL 212:28. RSA 275:11. 1992, 199:1, eff. Jan. 1, 1993.

Section 275:12

    275:12 Form of Advertisement. – No person shall knowingly publish or circulate any advertisement for employees which does not comply with the foregoing provisions.

Source. 1913, 212:1. 1917, 99:1. PL 176:37. RL 212:29.

Section 275:13

    275:13 Termination of Labor Trouble. – The provisions of the 2 preceding sections shall cease to be operative when the state board of arbitration shall determine that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner, and to the normal and usual extent. Said board shall determine this question as soon as may be, upon the application of the employer.

Source. 1913, 212:2. PL 176:38. RL 212:30.

Section 275:14

    275:14 Penalty. – If any person shall violate any provision of RSA 275:11 or 12, or shall authorize or permit such violation, he shall be guilty of a misdemeanor.

Source. 1913, 212:3. 1917, 99:2. 1923, 92:1. PL 176:39. RL 212:31. RSA 275:14. 1973, 528:165, eff. Oct. 31, 1973 at 11:59 p.m.

Hours of Labor

Section 275:15 to 275:27

    275:15 to 275:27 Repealed by 1989, 53:2, eff. June 18, 1989. –

Holiday Work

Section 275:28

    275:28 Holidays. – No employee shall be required to work in any mill or factory on any legal holiday, except to perform such work as is both absolutely necessary and can lawfully be performed on the Lord's Day.

Source. 1913, 188:1. PL 176:40. RL 212:32.

Section 275:29

    275:29 Penalty. – Whoever violates RSA 275:28 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1913, 188:2. PL 176:41. RL 212:33. RSA 275:29. 1973, 529:54, eff. Oct. 31, 1973 at 11:59 p.m.

Day's Work; Days of Rest

Section 275:30

    275:30 Day's Work Defined. – In all contracts relating to labor, 8 hours' actual labor shall be taken to be a day's work unless otherwise agreed by the parties. This provision shall not apply to classes of labor for which the law provides day limits.

Source. 1929, 93:1. RL 212:34. RSA 275:30. 1971, 271:1, eff. Aug. 22, 1971.

Section 275:30-a

    275:30-a Lunch or Eating Period. – An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.

Source. 1975, 298:1, eff. Aug. 6, 1975.

Section 275:31

    275:31 Making Up Time. – No person shall require or request any employee engaged in any occupation to work more hours in any one day than is limited by law, in order to make up lost time by reason of a legal holiday.

Source. 1933, 130:1. RL 212:35. 1951, 225:1 par. 35, eff. Aug. 29, 1951.

Section 275:32

    275:32 Sunday Work. – Whoever requires an employee engaged in any occupation to do on Sunday the usual work of his occupation, unless he is allowed during the 6 days next ensuing 24 consecutive hours without labor, shall be fined not more than $50; provided that this section and the following section shall not be construed as allowing any work on Sunday not otherwise authorized by law.

Source. 1933, 130:1. RL 212:36. 1951, 225:1 par. 36, eff. Aug. 29, 1951.

Section 275:33

    275:33 Day of Rest. – No employer shall operate any such business on Sunday unless he or she has posted and made available to employees a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each. No employee shall be required to work on the day of rest designated for him or her.

Source. 1933, 130:1. RL 212:37. 1951, 225:1 par. 37. RSA 275:33. 1957, 187:15, eff. July 1, 1957. 2018, 312:2, eff. June 25, 2018.

Section 275:33-a

    275:33-a Application. – The provisions of RSA 275:33 shall not apply to hospitals, nursing homes, orphanages and homes for the aged.

Source. 1959, 183:1, eff. Sept. 8, 1959.

Section 275:33-b

    275:33-b Special Agreement. – Employers may be exempt from RSA 275:32 and 33 where mutual agreements are reached between employer and employees, after approval of the labor commissioner where it appears for the best interests of all parties concerned.

Source. 1963, 237:2, eff. Aug. 31, 1963.

Section 275:34

    275:34 Applications of Provisions. – RSA 275:32 and 33 shall not apply to establishments used for the manufacture or distribution of gas, electricity, milk or water, nor to the transportation, sale, or delivery of food.

Source. 1933, 130:1. RL 212:38. 1951, 225:1 par. 38, eff. Aug. 29, 1951.

Section 275:35

    275:35 Exceptions. –
RSA 275:32 and 33 shall not apply to the following employees:
I. Janitors, watchmen, firemen employed at stationary plants, or caretakers.
II. Employees whose duties on Sunday include only setting sponges in bakeries; caring for live animals or caring for machinery and plant equipment.
III. Employees engaged in the preparation, printing, publication, sale or delivery of newspapers, or periodicals with definite on-sale newsstand dates.
IV. Employees engaged in farm or personal service.
V. Employees engaged in any labor called for by an emergency which could not reasonably have been anticipated.
VI. Employees engaged in the canning of perishable goods.
VII. Employees engaged in any work connected with retail stores in resort areas; cabins and inns; and in theatres, motion picture houses, hotels and restaurants.
VIII. Employees of telegraph and telephone offices.
IX. Employees of a recreation camp or a youth skill camp licensed pursuant to RSA 170-E:56.

Source. 1933, 130:1. 1937, 129:1. 1939, 70:1; 181:1. RL 212:39. 1951, 225:1 par. 39, eff. Aug. 29, 1951. 2018, 131:1, eff. July 29, 2018. 2019, 346:138, eff. Jan. 1, 2020.

Discrimination in the Workplace

Section 275:36

    275:36 Definitions. – "Employee" as used in this subdivision shall mean any person employed for hire by an employer in any lawful employment, but shall not include persons engaged in domestic service in the home of the employer, or in agricultural service, or in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association, no part of the net earnings of which inures to the benefit of any private individual.
"Employer" shall include any person acting in the interest of an employer directly or indirectly.
"Employment" means any employment under contract of hire, expressed or implied, written or oral, including all contracts entered into by helpers and assistants of employees, whether paid by employer or employee, if employed with the knowledge, actual or constructive, of the employer in which all or the greater part of the work is to be performed within the state.

Source. 1947, 193:1, eff. July 1, 1947.

Section 275:37

    275:37 Equal Pay. –
I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions, except where such payment is made pursuant to:
(a) A seniority system;
(b) A merit or performance-based system;
(c) A system which measures earnings by quantity or quality of production;
(d) Expertise;
(e) Shift differentials;
(f) A demonstrable factor other than sex, such as education, training, or experience.
II. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this section.

Source. 1947, 193:2. 2000, 133:1, eff. Jan. 1, 2001. 2014, 227:1, eff. Jan. 1, 2015.

Section 275:37-a

    275:37-a Discrimination on Basis of Using Tobacco Products Prohibited. – No employer shall require as a condition of employment that any employee or applicant for employment abstain from using tobacco products outside the course of employment, as long as the employee complies with any workplace policy, pursuant to RSA 155:51-53 and, when applicable, RSA 155:64-77.

Source. 1991, 274:2, eff. Jan. 1, 1992.

Section 275:37-b

    275:37-b Flexible Working Arrangement. – No employer shall retaliate against any employee solely because the employee requests a flexible work schedule. Nothing in this section shall be construed to require any employer to accommodate a flexible work schedule. Nothing in this section shall be construed to create a cause of action for failure to provide a flexible work schedule at an employee's request.

Source. 2016, 182:1, eff. Sept. 1, 2016.

Section 275:37-c

    275:37-c Use of Criminal Records in Employment Decisions. –
I. In this section:
(a) "Applicant for employment" means any person a public employer or a public employer's agent considers when identifying potential employees, through any means including, but not limited to, recruitment, solicitation, or seeking personal information, or any person who requests consideration for employment by a public employer, or who requests information from a public employer related to seeking employment, and includes any person who is currently an employee of the public employer.
(b) "Criminal record" means information collected by a criminal justice agency on individuals consisting of identifiable descriptions and notations of encounters, arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including dismissal, acquittal, sentencing, correctional supervision, release, or conviction including, but not limited to, any sentence arising from a verdict or plea of guilty or nolo contendere, including a sentence of incarceration, a suspended sentence, a sentence of probation, a sentence of conditional discharge or a filing with or without a finding.
(c) "Employee" means a person who is hired for a wage, salary, fee, or payment to perform work for a public employer. The term includes interns and apprentices.
(d) "Public employer" means any department, agency, bureau, or administrative unit of the state of New Hampshire.
(e) "Employment" means any occupation, vocation, job, or work with pay, including temporary or seasonal work, contingent work, and work through the services of a temporary or other employment agency; any form of vocational apprenticeship; or any internship.
(f) "Employment application" means a form, questionnaire, or similar document or collection of documents that an applicant for public employment is required by a public employer to complete whether the application exists in a hard copy, electronic, or Internet medium. "Employment application" shall not include a criminal background check necessary to authorize access to a federally-regulated facility pursuant to federal law or regulation.
II. No public employer or public employer's agent shall inquire about a prospective employee's prior arrests, criminal charges, or convictions on an employment application, unless the public employer is required to screen applications for specific criminal convictions because it is prohibited from hiring those with such convictions under state or federal law. For a position that is exclusive to a contract or subcontract that is subject to state or federal law prohibiting the hiring of an individual with a criminal record, the employer may inquire only about those prior arrests, criminal charges, or convictions directly implicated by applicable state or federal law.
III. As part of an employment application process, no public employer or public employer's agent shall conduct a criminal record check of an applicant prior to the initial interview. An employer shall not make any such inquiry covered by this paragraph and paragraph II except in person or by telephone, if it is standard practice for that public employer to conduct telephone interviews.
IV. No public employer or public employer's agent shall discriminate against an employment applicant based on the racial or ethnic origin of the applicant, including as determined by the applicant's first or last name consistent with state and federal law prohibiting discrimination.

Source. 2020, 31:2, eff. Sept. 22, 2020.

Section 275:37-d

    275:37-d Family and Medical Leave Insurance. – If an employer has 50 or more employees and sponsors family and medical leave insurance pursuant to RSA 21-I:99, then any employee of that employer who takes family or medical leave and accesses wage replacement benefits under such family and medical leave insurance coverage shall be restored to the position she or he held prior to such leave or to an equivalent position by her or his employer consistent with the job restoration provisions of the federal Family and Medical Leave Act of 1993, Public Law 103-3, 29 U.S.C. section 2601 et seq. Such employers shall continue to provide health insurance to employees during the leave. However, employees shall remain responsible for any employee-shared costs associated with the health insurance benefits. Such employers shall not discriminate or retaliate against any employee for accessing family or medical leave wage replacement benefits. Employers of employees participating in the granite state paid family leave plan may require that paid leave taken under this program be taken concurrently or otherwise coordinated with leave allowed under the terms of a collective bargaining agreement or other established employer policy or the Family and Medical Leave Act, as applicable.

Source. 2021, 91:467, eff. July 1, 2021.

Section 275:38

    275:38 Enforcement. – The labor commissioner shall have the power and it shall be his or her duty to enforce the provisions of this subdivision through appropriate actions in response to complaints.

Source. 1947, 193:3, eff. July 1, 1947. 2014, 227:2, eff. Jan. 1, 2015.

Section 275:38-a

    275:38-a Non-Retaliation Provision. –
I. No employer shall discharge or in any other manner discriminate against any employee because he or she:
(a) Makes a charge, files any complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under or related to this subdivision, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action.
(b) Inquired about, discussed, or disclosed his or her wages or those of another employee.
II. This section shall not apply to any employee who has access to the wage information of other employees as a part of such employee's essential job functions who discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under RSA 275:41-a including an investigation conducted by the employer. Nothing in this section shall be construed to limit the rights of an employee provided under any other provision of law.

Source. 2014, 227:3, eff. Jan. 1, 2015.

Section 275:39

    275:39 Liquidated Damages. – An employer who violates the provisions of RSA 275:37 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. At the request of any employee paid less than the wage to which she is entitled under this subdivision, the labor commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the liquidated damages above provided for. The commissioner shall not be required to pay the entry fee, or other costs, in connection with such action. The commissioner shall have power to join various claimants against the employer in one cause of action.

Source. 1947, 193:4, eff. July 1, 1947.

Section 275:40

    275:40 Penalties. – Any employer who violates the provisions of RSA 275:37, RSA 275:38-a, or RSA 275:41-b shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person, and notwithstanding RSA 651:2, IV(a), subject to a fine of not more than $2,500.

Source. 1947, 193:5. RSA 275:40. 1973, 528:167, eff. Oct. 31, 1973 at 11:59 p.m. 2014, 227:4, eff. Jan. 1, 2015.

Section 275:41

    275:41 Limitation of Actions. – Any action to recover unpaid wages and liquidated damages based on violation of RSA 275:37, shall be commenced within 3 years of discovery of the violation. No action brought under this section shall include any violation that occurred more than 4 years prior to the commencement of such action.

Source. 1947, 193:6, eff. July 1, 1947. 2014, 227:8, eff. Jan. 1, 2015.

Section 275:41-a

    275:41-a Procedures for Hearings and Appeals. – In a claim under RSA 275:37, the commissioner shall notify the employer by serving a copy of such claim and an order to file with the commissioner within 30 days from the receipt of such notice any objections to such claim specifying the grounds therefor. Service may be by certified mail with return receipt. If objection is not made within 30 days, the commissioner may order that payment be made in accordance with the claim. If requested, a hearing shall be afforded at which time any party may appear, with counsel if desired, and present evidence and cross examine opposing witnesses. Any party, at the party's own expense, may cause a record to be made of the hearing. A written decision shall be made within 30 days after the hearing stating the decision and specifying the facts and conclusions upon which the decision is based. If wages are found to be due, an order for payment shall be issued. Any party aggrieved by the decision may appeal to the superior court not later than 20 days thereof by petition, setting forth that the decision is erroneous, in whole or in part, and specifying the grounds upon which the decision is claimed to be in error. Upon the filing of an appeal, the commissioner shall transfer to the court the record of the proceeding or a certified copy thereof. The scope of review by the superior court shall be limited to questions of law. After hearing and upon consideration of the record, the court may affirm, vacate, or modify in whole or in part the decision of the commissioner, or may remand the matter to the commissioner for further findings. In the absence of a timely appeal, the decision and order shall be final, shall be entered upon the docket of the superior court at the request of the prevailing party, may be enforced as judgment of said court, and shall be a lien upon the property of the employer situated in the state for a period of 3 years from the time of the decision. It is a requirement of this subdivision for purposes of RSA 275:37 that a final order be immediately satisfied by the employer.

Source. 2000, 133:2, eff. Jan. 1, 2001. 2014, 227:5, eff. Jan. 1, 2015.

Section 275:41-b

    275:41-b Pay Disclosure. –
I. No employer shall require the following as a condition of employment:
(a) That an employee refrain from disclosing the amount of his or her wages.
(b) That an employee sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages, salary, or paid benefits.
II. No employer shall discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her wages, salary, or paid benefits.

Source. 2014, 227:6, eff. Jan. 1, 2015; 250:1, eff. Jan. 1, 2015 at 12:01 a.m.

Section 275:41-c

    275:41-c Pay Equity Information. – The commissioner shall make available on the department of labor website, and through any other forum that the department may use to distribute compensation differentials information, accurate information on compensation differentials, including statistics, explanations of employee rights, historical analyses of such differentials, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such differentials. The commissioner of labor and the commissioner of employment security shall jointly compile and produce such information.

Source. 2014, 227:6, eff. Jan. 1, 2015.

Section 275:41-d

    275:41-d Notice Required. – The commissioner shall make available on the department of labor website the following notice: "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor." This notice shall also include the address, phone number, and email address of department personnel to be contacted with complaints under this subdivision, as well as an Internet link to RSA 275:37.

Source. 2014, 227:6, eff. Jan. 1, 2015.

Payment of Wages

Section 275:42

    275:42 Definitions. –
Whenever used in this subdivision:
I. The term "employer" includes any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person, except employers of domestic labor in the home of the employer, or farm labor where less than 5 persons are employed.
II. "Employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VI(b)(2), (3), or (4), or RSA 281-A:2, VII(b), or a person providing services as part of a residential placement for individuals with developmental, acquired, or emotional disabilities, or any person who meets all of the following criteria:
(a) The person possesses or has applied for a federal employer identification number or social security number, or in the alternative, has agreed in writing to carry out the responsibilities imposed on employers under this chapter.
(b) The person has control and discretion over the means and manner of performance of the work, in that the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the employer.
(c) The person has control over the time when the work is performed, and the time of performance is not dictated by the employer. However, this shall not prohibit the employer from reaching an agreement with the person as to completion schedule, range of work hours, and maximum number of work hours to be provided by the person, and in the case of entertainment, the time such entertainment is to be presented.
(d) The person hires and pays the person's assistants, if any, and to the extent such assistants are employees, supervises the details of the assistants' work.
(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.
(f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.
(g) The person is not required to work exclusively for the employer.
III. The term "wages" means compensation, including hourly health and welfare, and pension fund contributions required pursuant to a health and welfare trust agreement, pension fund trust agreement, collective bargaining agreement, or other agreement adopted for the benefit of an employee and agreed to by his employer, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation.
IV. The term "commissioner" means the labor commissioner.
V. For the purposes of this subdivision the officers of a corporation and any agents having the management of such corporation who knowingly permit the corporation to violate the provisions of RSA 275:43, 44 shall be deemed to be the employers of the employees of the corporation.
VI. The term "salaried employee" means any employee who under an employment agreement or as a matter of policy or practice, regularly receives each pay period a predetermined or fixed amount of money constituting compensation, based on a predetermined amount of wages to be paid as determined by a daily rate, weekly rate, bi-weekly rate, semi-monthly rate or monthly rate, and which amount is not subject to reduction because of variations in the quality or quantity of the work performed and regardless of the hours or days worked except as otherwise provided in RSA 275:43-b.
VII. The term "draw against commission" means a compensation method under which an employee receives, at least once each month, a draw payment of not less than the minimum wage, representing an advance against anticipated commission earnings. Draws shall be reconciled against commissions monthly unless otherwise agreed, in writing, by employer and employee. If the reconciliation results in an amount payable to the employee, payment shall be made in accordance with this chapter. If the reconciliation results in a negative balance, the balance may, by written agreement between employer and employee, be carried over into ensuing time periods; however, if a final reconciliation results in a negative balance, it shall not be recoverable from the employee.
VIII. "Payroll card" means an access device issued and accepted by a financial institution to access funds from the employee's payroll card account.
IX. "Payroll card account" means an account directly or indirectly established by an employer on behalf of an employee to which electronic fund transfers of the employee's wages, salary, or other employee compensation are made on a recurring basis. A payroll card account does not include a savings account or a demand deposit account at a financial institution and shall be subject to Regulation E, 12 C.F.R. part 205. Disclosures, periodic statements, or alternatives to periodic statements; notices; error resolution procedures; and limitations on liability, with respect to payroll cards, shall be in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C. section 1693 et seq., and its implementing regulation, Regulation E, 12 C.F.R. part 205.

Source. 1887, 26:1. PS 180:21. 1909, 134:1. 1919, 6:1. 1921, 68:1. PL 176:25. 1935, 69:1. RL 212:14. 1951, 124:1. RSA 275:42. 1957, 187:15. 1963, 237:3. 1967, 398:1. 1975, 335:1. 1994, 290:2. 1999, 279:2. 2007, 299:1, eff. Sept. 11, 2007; 362:3, eff. Jan. 1, 2008. 2012, 139:2, eff. Aug. 6, 2012.

Section 275:43

    275:43 Weekly or Biweekly. –
I. Every employer shall pay all wages due to employees within 8 days after the expiration of the work week if the employee is paid on a weekly basis, or within 15 days after the expiration of the work week if the employee is paid on a biweekly basis, except when permitted to pay wages less frequently as authorized by the commissioner pursuant to paragraph IV or IV-a(a), on regular paydays designated in advance by the employer and at no cost to the employee:
(a) In lawful money of the United States;
(b) By electronic fund transfer;
(c) By direct deposit with written authorization of the employee to banks of the employee's choice;
(d) By a payroll card provided that the employer shall provide to the employee at least one free means to withdraw up to and including the full amount of the employee balance in the employee's payroll card or payroll card account during each pay period at a financial institution or other location convenient to the place of employment. None of the employer's costs associated with a payroll card or payroll card account shall be passed on to the employee; or
(e) With checks on a financial institution convenient to the place of employment where suitable arrangements are made for the cashing of such checks by employees for the full amount of the wages due; provided, however, that if an employer elects to pay employees as specified in subparagraphs (b), (c), or (d), the employer shall offer employees the option of being paid as specified in subparagraph (e), and further provided that all wages in the nature of health and welfare fund or pension fund contributions required pursuant to a health and welfare fund trust agreement, pension fund trust agreement, collective bargaining agreement, or other agreement adopted for the benefit of employees and agreed to by the employer shall be paid by every such employer within 30 days of the date of demand for such payment, the payment to be made to the administrator or other designated official of the applicable health and welfare or pension trust fund.
II. If an employer offers its employees the option of receiving wages by a payroll card, the employer shall:
(a) Provide to the employee written disclosure in plain language of all the employee's wage payment options. The written disclosure shall state the terms and conditions of the payroll card account option, including, but not limited to, the requirements set forth in this section and a complete itemized list of all known fees that may be deducted from the employee's payroll card account by the employer or card issuer. The disclosure shall also state whether third parties may assess transaction fees in addition to the fees assessed by the employee's payroll card issuer or issuers. In no event shall the employer provide payment of wages to a payroll card that has an expiration date, unless the employer agrees to provide a replacement payroll card before the expiration date at no cost to the employee.
(b) Initiate payment of wages to an employee by electronic fund transfer to a payroll card account only after the employee has voluntarily consented in writing to that method of payment. Consent to payment of wages by electronic fund transfer to a payroll card account shall not be a condition of hire or of continued employment. The written consent signed by the employee shall include the terms and conditions of the payroll card account option.
(c) Provide written notice of any change to any of the terms and conditions of the payroll card or payroll card account, including but not limited to an itemized list of all fees that may have changed, and obtain written assent from the employee that the employee voluntarily consents to receive wages to a payroll card or payroll card account subject to the changes. The employer shall be responsible for any increase in fees charged to the employee before the employer provides written notice of such changes to the employee.
(d) Provide the employee the option to discontinue receipt of wages by a payroll card or payroll card account at any time, without penalty to the employee.
III. If a subcontractor who is responsible for making health and welfare fund or pension fund contributions fails to make such contributions within the 30-day requirement of paragraph I, the person designated to receive such contributions shall, within 15 days of the date the contributions became due, notify in writing the labor commissioner that the contributions are overdue. The labor commissioner shall notify the prime or general contractor within 15 days from the date of receipt of such notice that such contributions are overdue. The department of labor may pursue the general or prime contractor for such contributions only after all reasonable efforts have been made to secure the contributions from the subcontractor.
IV. The commissioner may, upon written petition showing good and sufficient reason, permit payment of wages other than weekly or biweekly, except that it shall be at least once each calendar month. In all instances, payment shall be made regularly on a predesignated date. The commissioner may prescribe the terms and conditions of such permission, and limit the duration thereof.
IV-a. (a) The commissioner may permit payment of wages less frequently than biweekly where a school district collective bargaining agreement for hourly employees provides an option to be paid in any number of equal installments with one additional installment.
(b) Such additional installment shall require a full reconciliation of pay at least once each calendar year. Each employee shall be informed in writing, prior to choosing the equal payment option, that the reconciliation could result in a paycheck of less than the equal pay amount to a possible zero balance due the employee. In all instances, payment shall be made regularly on a predesignated date. The commissioner may prescribe the terms and conditions of such permission, and limit the duration thereof.
(c) Any employee may exclude himself or herself from participation in the provisions of this paragraph. If the employee chooses this option, the employee shall notify the school district in writing prior to the first pay check.
IV-b. The commissioner may, on a temporary basis and after showing good and sufficient reason, require payment of wages weekly. The commissioner shall prescribe to the employer the terms, conditions, and duration of such temporary payments. Such restrictions shall only be in effect until the employer rectifies any deficiencies prescribed by the commissioner.
V. Vacation pay, severance pay, personal days, holiday pay, sick pay, and payment of employee expenses, when such benefits are a matter of employment practice or policy, or both, shall be considered wages pursuant to RSA 275:42, III, when due.
VI. Nothing in this section shall prevent an employer from compensating an employee on a draw against commission basis as defined in RSA 275:42, VII.
VII. This section shall not be construed to preclude the use of compensatory time off as compensation.
(a) This paragraph applies to:
(1) Governmental entities.
(2) Public sector employees who are under a collective bargaining employment agreement or, if not negotiated through a union or other designated employee representatives, that the agreement or understanding must be reached between employer and employee before the performance of any work.
(b)(1) When the employee requests the use of accrued compensatory time, the request shall be honored within a reasonable period of time unless to do so would unduly disrupt the operation of the employing agency. Mere inconvenience to the employer is an insufficient basis for denial of a request for compensatory time off.
(2) The employer shall not have a policy of requiring the use of compensatory time within a certain period or else the employee will lose it.
(3) Upon termination of employment for any reason, an employee shall be paid for unused compensatory time at the final regular rate received by such employee.
(c)(1) Limitations concerning the ceiling of accrual of compensatory time are as follows:
(A) Public safety, emergency response, or seasonal activity employees may accrue no more than 480 hours of compensatory time for 320 actual overtime hours worked. This limitation shall not apply to office personnel or civilian employees who may perform public safety activities on an emergency basis, even if such employees spend substantially all of their time in a particular work week engaged in such activities.
(B) Other public sector employees may accrue no more than 240 hours of compensatory time for 160 hours of actual time worked.
(2) If an employee has accrued more than the applicable ceiling for compensatory time, such employee shall be paid overtime pay at time and one half of the employee's regular rate of pay on the designated pay day.
(d) For the purposes of this paragraph:
(1) "Governmental entity" means any branch, department, commission, bureau, agency, or agent of the government of this state or a political subdivision of this state.
(2) "Public safety activities" includes law enforcement, firefighting, or related duties.
(3) "Emergency response activities" includes dispatching of emergency vehicles and personnel, rescue work, and ambulance services.
(4) "Seasonal activity" includes duties performed by employees assigned to work during periods of significantly increased demands on a regular and recurring basis and during this period protected overtime may result in the accumulation of more than 240 compensatory time hours. These periods of short but intense activity shall not qualify as seasonal.
(e) Nothing in this paragraph modifies or affects any federal law regarding compensatory time off including the Fair Labor Standards Act of 1938, 29 U.S.C. section 207. The purpose of this paragraph is to make compensatory time off available as set forth above under New Hampshire law and not to limit already existing rights and protection. An employer shall provide compensatory time off under whichever statutory provision provides greater rights to employees.

Source. 1911, 78:1, 2. 1921, 68:3. PL 176:26. RL 212:15. RSA 275:43. 1963, 237:3. 1967, 398:2. 1971, 71:1. 1975, 355:2, 3. 1976, 48:1. 1983, 364:1. 1987, 100:1. 1994, 290:3. 1995, 102:1. 1997, 226:1, 2. 2007, 299:2, eff. Sept. 11, 2007. 2015, 168:1, eff. Aug. 25, 2015. 2017, 45:1-4, eff. July 11, 2017. 2018, 133:1, eff. July 29, 2018.

Section 275:43-a

    275:43-a Required Pay. – On any day an employee reports to work at an employer's request, he or she shall be paid not less than 2 hours' pay at his or her regular rate of pay; provided, however, that this section shall not apply to employees of counties or municipalities. This section shall also not apply to ski and snowboard instructional employees at ski resorts, provided that these employees receive other compensation that is at least equal to their rate of pay. No employer who makes a good faith effort to notify an employee not to report to work shall be liable to pay wages under this section. However, if the employee reports to work after the employer's attempt to notify him or her has been unsuccessful or if the employer is prevented from making notification for any reason, the employee shall perform whatever duties are assigned by the employer at the time the employee reports to work.

Source. 1985, 223:1, eff. July 30, 1985. 2016, 316:2, eff. Nov. 1, 2016. 2021, 23:1, eff. July 5, 2021.

Section 275:43-b

    275:43-b Payment of Salaried Employees. –
I. A salaried employee shall receive full salary for any pay period in which such employee performs any work without regard to the number of days or hours worked; provided, however, a salaried employee may not be paid a full salary in each of the following instances:
(a) Any pay period in which such employee performs no work.
(b) When an employee receives a disciplinary suspension without pay in accordance with the Fair Labor Standards Act, as amended, for any portion of a pay period, and written notification is given to the employee, at least one pay period in advance, in accordance with a written progressive disciplinary policy, plan or practice and the suspension is in full day increments.
(c) If an unpaid leave of absence for a salaried employee is allowed pursuant to a written bona fide plan, policy or practice for absences, of a full day or more, of an employee caused by bereavement leave.
(d) Any portion of a work day or pay period for leave taken under, and in accordance with, the federal Family and Medical Leave Act of 1993, as amended, if written notification from the employer stating the reason for such leave is given to the employee and placed in the employee's personnel file.
(e) If the salaried employee voluntarily, without coercion or pressure, requests time off without pay for any portion of a pay period, after the employee has exhausted any leave time pursuant to a written bona fide leave plan, practice or policy and such leave time requested by the employee is granted by the employer.
II. Employers may prorate salary to a daily basis when a salaried employee is hired after the beginning of a pay period, terminates of his own accord before the end of a pay period, or is terminated for cause by the employer.
III. The employer may offset any amounts received by a salaried employee for jury duty or witness fees or military pay for a particular pay period, against the salary due for that pay period pursuant to a written bona fide leave plan, practice or policy.

Source. 1994, 290:4. 2004, 145:1, eff. Jan. 1, 2005.

Section 275:43-c

    275:43-c Required Premium Only; Cafeteria Plan. – Each small employer, as that term is defined in RSA 420-G:2, XVI, which employs 2 or more employees in the state of New Hampshire and which does not offer employer-sponsored health insurance to all of its employees, may establish and maintain a health coverage premium only cafeteria plan that satisfies the requirements of 26 U.S.C. section 125, and which is specifically established for the purpose of allowing employees who are not eligible for employer-sponsored coverage to purchase health coverage as defined in RSA 420-G:2, IX in the small group market. An employee who works over 15 hours per week and who is not eligible for an employer-sponsored plan may elect to purchase small group health coverage on an individual basis through a payroll deduction. The employer shall not be required to pay for or otherwise contribute to the cost of any health insurance purchased through the cafeteria plan.

Source. 2010, 204:1, eff. Aug. 21, 2010.

Section 275:44

    275:44 Employees Separated From Payroll Before Pay Days. –
I. Whenever an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours.
II. Whenever an employee quits or resigns, the employer shall pay the employee's wages no later than the next regular payday, as provided under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit the employer shall pay all wages earned by the employee within 72 hours.
III. When work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the employer shall pay in full to such employee not later than the next regular payday, as designated under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.
IV. If an employer willfully and without good cause fails to pay an employee wages as required under paragraphs I, II or III of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of 10 percent of the unpaid wages for each day except Sunday and legal holidays upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller; except that, for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of filing of a petition in bankruptcy with respect to the employer if he is adjudicated bankrupt upon such petition.
V. Regardless of the reason for an employee's termination of employment the employer shall pay to the appropriate administrator or other designated officials all wages in the nature of hourly health and welfare fund or pension fund contributions due with respect to such employee at the time of the next succeeding payment date applicable to such contributions.

Source. 1887, 26:4. PS 180:23. PL 176:27. RL 212:16. RSA 275:44. 1963, 237:3. 1967, 398:3, eff. Sept. 1, 1967.

Section 275:45

    275:45 Unconditional Payment of Wages Conceded to be Due. –
I. In case of a dispute over the amount of wages, the employer shall pay, without condition and within the time set by this subdivision, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to, including those provided under this subdivision, as to any balance claimed.
II. The acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition of payment shall be in violation of this subdivision and shall be null and void.

Source. 1937, 94:1. RL 212:17. RSA 275:45. 1963, 237:3, eff. Aug. 31, 1963.

Section 275:46

    275:46 Prime Contractor's Responsibility for Wage Payments. – Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform on a common site or location, he shall become civilly liable to employees engaged in the performance of work under such contract for the payment of wages, exclusive of liquidated damages, as required by RSA 275:43, 44 and 45, whenever and to the extent that the employer of such employees fails to pay such wages, and the employer of such employees shall be liable to such person for any wages paid by him under this section.

Source. 1887, 26:2. PS 180:22. 1921, 68:2. PL 176:28. 1935, 69:2; 102:1. RL 212:18. RSA 275:46. 1963, 237:3, eff. Aug. 31, 1963.

Section 275:47

    275:47 Deceased Employees. –
I. In the event of the death of an employee, wages due him by an employer not in excess of $300 may upon proper demand be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to descendants: In accordance with the laws of intestacy for the state of New Hampshire.
II. Payments under paragraph I shall be a release and discharge of the employer to the amount of such payment.

Source. 1935, 102:2. RL 212:19. RSA 275:47. 1963, 237:3, eff. Aug. 31, 1963.

Section 275:48

    275:48 Withholding of Wages. –
I. No employer may withhold or divert any portion of an employee's wages unless:
(a) The employer is required or empowered to do so by state or federal law, including payroll taxes.
(b) The employer has a written authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee as provided in regulations issued by the commissioner, as provided in subparagraph (d) or for any of the following:
(1) Union dues;
(2) Health, welfare pension, and apprenticeship fund contributions;
(3) Voluntary contributions to charities;
(4) Housing and utilities;
(5) Payments into savings funds held by someone other than the employer;
(6) Voluntary rental fees for non-required clothing;
(7) Voluntary cleaning of uniforms and non-required clothing;
(8) The employee's use of a vehicle under RSA 261:111, III;
(9) Medical, surgical, hospital, and other group insurance benefits without financial advantage to the employer, when the employee has given his or her written authorization and deductions are duly recorded;
(10) Required clothing not covered by the definition of uniform;
(11) Legal plans and identity theft plans without financial advantage to the employer when the employee has given his or her written authorization and deductions are duly recorded; and
(12) For any purpose on which the employer and employee mutually agree that does not grant financial advantage to the employer, when the employee has given his or her written authorization and deductions are duly recorded. The withholding shall not be used to offset payments intended for purchasing items required in the performance of the employee's job in the ordinary course of the operation of the business. Nothing in this subparagraph shall prohibit a charitable organization from withholding from an employee's wages a voluntary contribution to such charitable organization.
(c) The deductions are pursuant to any rules or regulations for medical, surgical, or hospital care or service, without financial benefit to the employer and openly, clearly, and in due course recorded in the employer's books.
(d) Upon an employee's written request, an employer may deduct the following items from the employee's wages, provided that the employer shall provide a written itemized accounting of such requested deductions to the employee at least once per month:
(1) Voluntary contributions into cafeteria plans or flexible benefit plans, or both, as authorized by section 125 or section 132 of the Internal Revenue Code.
(2) Voluntary payments by the employee for the following:
(A) Child care fees by a licensed child care provider.
(B) Parking fees.
(C) Pharmaceutical items, gift shop, and cafeteria items purchased on site of a hospital by hospital employees.
(3) Voluntary installment payments of legitimate loans made by the employer to the employee as evidenced by a document that includes the following:
(A) The time the payments will begin and end.
(B) The amounts to be deducted.
(C) A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
(4) Voluntary payments for the recovery of accidental overpayment of wages when the following conditions are met:
(A) The recovery is agreed to in writing.
(B) The deduction for the overpayment begins one pay period following the date the parties execute the written agreement.
(C) The written agreement specifies:
(i) The date the recovery of the overpayment will begin and end.
(ii) The amount to be deducted, which shall be agreed upon by the employer and the employee but which shall, in no event, be more than 20 percent of the employee's gross pay in any pay period.
(iii) A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
(5) Voluntary payments for the recovery of tuition for non-required educational costs paid by the employer for the employee to an educational institution when the specific deduction is authorized in writing prior to the deduction as evidenced by a document that includes the following:
(A) The time the payments will begin and end.
(B) The amounts to be deducted.
(C) A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
(6) Voluntary payments for the employee's use of a health or fitness facility that is sponsored by the employer for the benefit of its employees and that is located within the employer's facility or workplace, or operated by a private health and fitness facility that offers discounted memberships of 50 percent or more to all employees of the employer, as evidenced by a document that includes the following:
(A) The time the payments will begin and end.
(B) The amounts to be deducted.
(C) A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
(e) The employee requests in writing that deductions may be made for contributions to a political action committee from the employee's wages.
(f) The employer has a written request from the employee, made at the time of the original request without coercion or pressure, that authorizes the employer to deduct from the employee's final wages at the termination of employment any amount the employee may owe for voluntary payments for vacation pay, paid time off pay, earned time pay, personal time pay, annual pay, sick pay, sick dependent pay, and bereavement pay made pursuant to a written employment policy as required by RSA 275:49, III, when the payments have been requested and paid to the employee in advance of eligibility.
II. If an employer making a deduction of an employee's wages under paragraph I fails to make any payment relative to such deduction on the employee's behalf, and such employee loses any benefit or fails to meet an obligation caused by such failure, the employer shall be liable for such lost benefit or failed obligation. For any benefits provided to an employee paid for entirely by the employer without employee deductions, if the employer fails to make timely payments for such benefits and the employee loses any benefit or fails to meet any obligations caused by such failure, then the employer shall be liable for such lost benefits or failed obligations. The employer shall also be liable for any cost incurred by the employee caused by the employer's failure to make such payments.
III. An insurer or plan administrator of a self-funded plan shall notify an employee in writing of termination of an employee benefit plan pursuant to the notification requirements of RSA 415:18, XVI or the Employee Retirement Income Security Act, as applicable.
IV. If a plan administrator fails to comply with the applicable employee notification requirements of the Employee Retirement Income Security Act, then the plan administrator shall be liable for lost benefits or failed obligations to the employee resulting from the termination of the employee's benefit plan. Such liability extends only for the period of noncompliance beginning on the date notification to the employee was required under the Employee Retirement Income Security Act and ending on the date proper notification was made. Such liability for plan administrators is secondary to the employer's liability during this period and becomes primary only after the department of labor determines that the employer is financially unable to pay all or any part of the employee's lost benefits and failed obligations. Such liability for plan administrators in no way diminishes the employer's liability during this or any period.
V. For purposes of this section:
(a) "Plan administrator" means the fiduciary of the plan named in the adoption agreement who has the duties specified in the plan.
(b) "Uniform" means a garment with a company logo or fashion of distinctive design, worn by one or more employees, and serving as a means of identification or distinction. No employer shall require an employee to wear a uniform unless the employer provides each employee with a uniform reasonably suited for the conditions in which the employee would be required to wear one, at no cost to the employee. An employee may purchase any other company garments or items if the employee chooses.

Source. 1937, 149:1. RL 212:20. RSA 275:48. 1963, 237:3. 1994, 138:1. 2004, 145:2. 2005, 241:3, 4; 297:1. 2007, 289:34, eff. Jan. 1, 2008; 318:1-3, eff. Sept. 11, 2007. 2010, 133:1, eff. Aug. 13, 2010. 2011, 140:1, eff. Aug. 6, 2011. 2014, 59:1, eff. July 26, 2014. 2018, 312:3, eff. June 25, 2018.

Section 275:48-a

    275:48-a Rule Against Perpetuities. – A trust created by an employer as part of a stock bonus, pension, disability, death benefit or profit-sharing plan for the exclusive benefit of some or all of his employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees the earnings or the principal, or both earnings and principal, of the fund held in trust, may continue in perpetuity or for such time as may be necessary to accomplish the purpose for which it is created, and shall not be invalid as violating any rule of law against perpetuities or suspension of the power of alienation of the title to the property. This section shall apply to all such trusts whether in existence on July 1, 1967 or established after said date.

Source. 1967, 195:1, eff. July 1, 1967.

Section 275:49

    275:49 Notification, Posting, and Records. –
Every employer shall:
I. Notify the employees, at the time of hiring of the rate of pay, and of the day and place of payment;
II. Notify his or her employees of any changes in the arrangements specified above prior to the time of such changes, provided however that there shall be no penalty for failure to provide notification to an employee concerning changes to the minimum hourly rate pursuant to RSA 279:21;
III. Make available to his or her employees in writing or through a posted notice maintained in a place accessible to his or her employees employment practices and policies with regard to vacation pay, sick leave, and other fringe benefits;
IV. Furnish each employee with a statement of deductions made from his or her wages under RSA 275:48 for each pay period such deductions are made;
V. Keep posted in a place accessible to his or her employees an abstract of this subdivision furnished by the commissioner which shall include information about the criteria for classifying an employee as an employee or as an independent contractor;
VI. Make such records of the persons employed by him or her, including wage and hour records, preserve such records for 3 years, and make such reports therefrom to the commissioner, as are required in statute for the enforcement of the provisions of this subdivision; and
VII. Post and make available to his or her employees the following: "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor." This notice shall also include the address, phone number, and email address of department personnel to be contacted with complaints under this subdivision, as well as an Internet link to RSA 275:37.

Source. 1935, 69:3. RL 212:40. RSA 275:49. 1963, 237:3. 2007, 135:1, eff. Aug. 17, 2007. 2014, 227:7, eff. Jan. 1, 2015. 2018, 312:4, 5, eff. June 25, 2018.

Section 275:50

    275:50 Waiver Prohibited. –
I. Except as provided in RSA 275:53, no provision of this subdivision may in any way be contravened or set aside by private agreement.
II. Except as provided in RSA 279, an employer and employee may not enter into any agreement, whether written, oral or other, that work may be performed for less than the applicable minimum wage.

Source. 1939, 112:1. RL 212:41. 1963, 237:3. 1997, 226:3, eff. Aug. 17, 1997.

Section 275:51

    275:51 Enforcement. –
I. The commissioner shall enforce and administer the provisions of this subdivision and the commissioner or the commissioner's authorized representatives are empowered, on his or her own motion or on an employee complaint, to hold hearings and otherwise to investigate charges of violations of this subdivision and to institute actions for penalties hereunder, and to entertain and adjudicate claims for wages due under the provisions of this subdivision.
II. The commissioner or his authorized representatives are empowered to enter and inspect such places, question such employees, and investigate such facts, conditions, or matters as they may deem appropriate, to determine whether any person has violated any provision of this subdivision or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this subdivision.
III. The commissioner or his authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before said commissioner.
III-a. Records compiled pursuant to employee interviews under paragraphs II and III are not subject to disclosure by the department. The commissioner may release such information to public officials when such information is necessary to perform their duties. If the commissioner determines that a person or employer has violated any provision of this subdivision or any rule adopted under this subdivision, that person or employer shall be provided with a report specifying the statute and rules that have been violated and a summary of supporting evidence.
IV. In case of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the municipal or district court, on application by the commissioner, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.
V. A wage claim may be filed by an employee or by the department on its own motion no later than 36 months from the date the wages were due. The commissioner shall notify the employer by serving upon the employer a copy of such claim and an order to file with the commissioner within 10 days from the receipt of such notice any objections to such claim specifying the grounds therefor. Service may be by certified mail with return receipt. If objection is not made within 10 days, the commissioner may order that payment be made in accordance with the claim. If requested, a hearing shall be afforded at which time any party may appear, with counsel if desired, and present evidence and cross-examine opposing witnesses. Any party, at the party's own expense, may cause a record to be made of the hearing. A written decision shall be made within 30 days after the hearing stating the decision and specifying the facts and conclusions upon which the decision is based. If wages are found to be due, an order for payment shall issue. Any party aggrieved by the decision may appeal to the superior court not later than 20 days from the date thereof by petition, setting forth that the decision is erroneous, in whole or in part, and specifying the grounds upon which the decision is claimed to be in error. Upon the filing of an appeal, the commissioner shall transfer to the court the record of the proceeding or a certified copy thereof. The scope of review by the superior court shall be limited to questions of law. After hearing and upon consideration of the record, the court may affirm, vacate or modify in whole or in part the decision of the commissioner, or may remand the matter to the commissioner for further findings. In the absence of a seasonable appeal, the decision and order shall be final, shall be entered upon the docket of the superior court at the request of the prevailing party, may be enforced as a judgment of the court, and shall be a lien upon the property of the employer situated in the state for a period of 3 years from the time of the decision. It is a requirement of this chapter for purposes of RSA 275:52 that a final order be immediately satisfied by the employer.

Source. 1963, 237:4. 1975, 355:4-6. 1977, 133:1. 1995, 140:1. 1997, 226:4. 2005, 241:1, 2, eff. Jan. 1, 2006.

Section 275:52

    275:52 Penalties. – Any employer who wilfully violates any provision of RSA 275:43 or 44, or who wilfully fails to comply with any other requirement of this chapter shall be guilty of a misdemeanor.

Source. 1963, 237:4. 1973, 528:168, eff. Oct. 31, 1973 at 11:59 p.m.

Section 275:52-a

    275:52-a Penalty for Failure to Pay Health and Welfare Pension Fund Contributions. – In addition to any other penalty or punishment otherwise provided for by law, any person or employer, who is a party to a health and welfare fund trust agreement, a pension fund trust agreement, or any other such agreement, whereby he agrees to pay or provide the contributions required by any such agreement, and who refuses or wilfully fails or grossly neglects to pay such contributions or payments within 30 days after such payments are required to be made, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1967, 309:1. 1973, 528:169, eff. Oct. 31, 1973 at 11:59 p.m.

Section 275:53

    275:53 Employees' Remedies. –
I. Action by an employee to recover unpaid wages and/or liquidated damages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves, or such employee or employees may designate an agent or representative to maintain such action.
II. Whenever the commissioner determines that wages have not been paid, and that such unpaid wages constitute an enforceable claim, the commissioner may upon the request of the employee take an assignment in trust for such wages and/or any claim for liquidated damages, without being bound by any of the technical rules respecting the validity of any such assignments and may bring any legal action necessary to collect such claim. With the consent of the assigning employee at the time of the assignment the commissioner shall have the power to settle and adjust any such claim to the same extent as might the assigning employee.
III. The court in any action brought under this subsection may, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action, and reasonable attorney's fees, to be paid by the defendant. Such attorney's fees in the case of actions brought under this subsection by the commissioner shall be remitted by the commissioner to the state treasurer. The commissioner shall not be required to pay the filing fee or other costs or fees of any nature or to file bond or other security of any nature in connection with such action or proceedings supplementary thereto, or as a condition precedent to the availability to the commissioner of any process in aid of such action or proceedings. The commissioner shall have power to join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.

Source. 1963, 237:4. 1975, 355:7, eff. Aug. 6, 1975.

Section 275:54

    275:54 Rules and Regulations. – The commissioner is authorized to issue such rules and regulations as he determines necessary for the purpose of carrying out the provisions of this subdivision.

Source. 1963, 237:4, eff. Aug. 31, 1963.

Section 275:55

    275:55 Separability of Provisions. – If any provision of this subdivision, or the application thereof to any person or circumstance, is held invalid, the remainder of the subdivision, and the application of such provision to other persons or circumstances shall not be affected thereby.

Source. 1963, 237:4, eff. Aug. 31, 1963.

Access to Personnel Files

Section 275:56

    275:56 Employee Access to Personnel Files. –
I. Except as provided in paragraph III, every employer shall provide a reasonable opportunity for any employee who so requests to inspect such employee's personnel file and further, upon request, provide such employee with a copy of all or part of such file. An employer may only charge the employee a fee reasonably related to the cost of supplying the requested documents.
II. If, upon inspection of his personnel file, an employee disagrees with any of the information contained in such file, and the employee and employer cannot agree upon removal or correction of such information, then the employee may submit a written statement explaining his version of the information together with evidence supporting such version. Such statement shall be maintained as part of the employee's personnel file and shall be included in any transmittal of the file to a third party and shall be included in any disclosure of the contested information made to a third party.
III. The provisions of this section shall not require the disclosure of:
(a) Information in the personnel file of a requesting employee who is the subject of an investigation at the time of his request if disclosure of such information would prejudice law enforcement; or
(b) Information relating to a government security investigation.
IV. Health, fitness, lifestyle, and other information obtained from employees by their employer or the employer's agents for purposes of providing employees with a health risk assessment or other wellness program shall not be considered personnel records, shall not be retained in an employee personnel file, and shall be inadmissible in any proceedings under RSA 281-A.

Source. 1983, 408:1. 2007, 263:159, eff. July 1, 2007.

Reimbursement of Employee Expenses

Section 275:57

    275:57 Reimbursement of Employee Expenses. –
I. An employee who incurs expenses in connection with his or her employment and at the request of the employer, except those expenses normally borne by the employee as a precondition of employment, which are not paid for by wages, cash advance, or other means from the employer, shall be reimbursed for the payment of the expenses within 30 days of the presentation by the employee of proof of payment.
II. Enforcement and administration of this section by the department shall be as provided for wage claims under RSA 275:51.
III. An action by an employee to recover unreimbursed expenses may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or herself, or themselves, or such employee or employees may designate an agent or representative to maintain such action.
IV. An employer who willfully violates the provisions of this section may be assessed interest and a civil penalty of up to $1,000 per violation, which shall be deposited into the department of labor restricted fund established in RSA 273:1-b.
V. The commissioner shall adopt rules under RSA 541-A necessary for the administration of this section.

Source. 2000, 167:1, eff. Jan. 1, 2001. 2011, 224:59, eff. July 1, 2011.

Protection of Health Care Workers From Injuries From Needlesticks and Sharps

Section 275:58

    275:58 Definition. – In this subdivision, "sharp" means any object used or encountered by a health care worker that can be reasonably anticipated to penetrate the skin or any other part of the body and result in an exposure incident, including but not limited to, needles, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills and burs.

Source. 2000, 183:1, eff. Jan. 1, 2001.

Section 275:59

    275:59 Repealed by 2010, 368:1(26), eff. Dec. 31, 2010. –

Section 275:60

    275:60 Rulemaking. – The commissioner, in consultation with the commissioner of health and human services, shall adopt rules, pursuant to RSA 541-A, to protect health care workers in the public sector from occupational exposure to blood or other potentially infectious materials. These rules shall not be inconsistent with the bloodborne pathogen regulations adopted for the private sector by the Occupational Safety and Health Administration within the United States Department of Labor.

Source. 2000, 183:1, eff. Jan. 1, 2001.

Crime Victim Employment Leave Act

Section 275:61

    275:61 Definitions. –
In this subdivision:
I. "Crime" means an offense designated by law as a felony or a misdemeanor.
II. "Employee" means employee as defined in RSA 275:4.
III. "Employer" means employer as defined in RSA 275:4, provided that for the purposes of this subdivision, an employer shall have 25 or more employees for each working day in each of 20 or more calendar weeks during any calendar year.
IV. "Immediate family" means the father, mother, stepparent, child, stepchild, sibling, spouse, grandparent, or legal guardian of the victim; or any person involved in an intimate relationship and residing in the same household with the victim.
V. "Victim" means any person who suffers direct or threatened physical, emotional, psychological, or financial harm as a result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim.

Source. 2005, 109:1, eff. Jan. 1, 2006.

Section 275:62

    275:62 Right to Leave Work. –
I. Pursuant to the rights of crime victims under RSA 21-M:8-k, II(e), an employer shall permit an employee who is a victim of a crime to leave work so that the employee may attend court or other legal or investigative proceedings associated with the prosecution of the crime.
II. An employer shall not discharge an employee who is a victim of a crime because the employee exercises his or her right to leave work pursuant to this subdivision.
III. An employer shall not be required to compensate an employee who is a victim of a crime and who exercises his or her rights under this subdivision.
IV. An employee who leaves work pursuant to this subdivision may elect to use, or an employer may require the employee to use, the employee's accrued paid vacation time, personal leave time, or sick leave time.
V. An employee shall not lose seniority while absent from his or her employment under this subdivision.
VI. Before an employee may leave work under this subdivision, he or she shall provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.
VII. An employer shall maintain the confidentiality of any written documents or records submitted by an employee relative to the employee's request to leave work under this subdivision.

Source. 2005, 109:1, eff. Jan. 1, 2006. 2020, 24:9, eff. Sept. 18, 2020.

Section 275:63

    275:63 Limitations on Leave. – An employer may limit the leave provided under this subdivision if the employee's leave creates an undue hardship to the employer's business. In this section "undue hardship" means a significant difficulty and expense to a business, and includes the consideration of the size of the employer's business, the employee's position and role within the business, and the employer's need for the employee.

Source. 2005, 109:1, eff. Jan. 1, 2006.

Section 275:64

    275:64 Discrimination Prohibited. – No employer shall discharge, threaten, or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has exercised his or her right to leave work as provided under this subdivision.

Source. 2005, 109:1, eff. Jan. 1, 2006.

Section 275:65

    275:65 Penalty. – Any employer violating any provision of this subdivision shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.

Source. 2005, 109:1, eff. Jan. 1, 2006.

State of Emergency Leave

Section 275:66

    275:66 Leave Authorized in a State of Emergency. –
I. When the governor or the general court declares a state of emergency under RSA 4:45, a member of a fire department, rescue squad, or emergency medical services agency who is called into service of the state or a political subdivision shall have the right to take leave without pay from his or her place of employment to respond to the emergency. No employer shall require an employee to use or exhaust his or her vacation or other accrued leave for the period of emergency service. The employee may choose to take vacation or other accrued leave for the period of emergency service.
II. A firefighter, rescue squad member, or emergency medical services member shall be called into service of the state or a political subdivision for purposes of this subdivision when his or her services are requested in writing by the director of emergency services, communications, and management or by the head of a local organization for emergency management established under RSA 21-P:39. The request shall be directed to the chief of the member's fire department, rescue squad, or emergency medical services agency and a copy shall be provided to the member's employer.
III. An employer may certify to the director of emergency services, communications, and management or to the head of the local emergency management agency that the employee is essential to the employer's own emergency or disaster relief activities. Such certification shall exempt an employee from the provisions of this subdivision.

Source. 2006, 304:1, eff. June 19, 2006.

Mandatory Overtime for Nurses and Assistants

Section 275:67

    275:67 Prohibited Overtime. –
I. A registered nurse, licensed practical nurse, or a licensed nursing assistant licensed under RSA 326-B shall not be disciplined, or lose any right, benefit, or privilege for refusing to work more than 12 consecutive hours, except as provided in paragraph II. A nurse may be disciplined for refusing mandatory overtime in a case when overtime is required under paragraph II. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this subdivision, shall be allowed at least 8 consecutive hours of off-duty time immediately following the worked overtime.
II. The prohibition against mandatory overtime shall not apply to:
(a) A nurse participating in surgery, until the surgery is completed;
(b) A nurse working in a critical care unit, until another employee beginning a scheduled work shift relieves him or her;
(c) A nurse working in a home health care setting, until another qualified nurse or customary caregiver relieves him or her;
(d) A public health emergency; or
(e) A nurse covered by a collective bargaining agreement containing provisions addressing the issue of mandatory overtime.

Source. 2007, 353:1, eff. Jan. 1, 2008.

Section 275:68

    275:68 Special Agreement. – Employers shall be exempted from the provisions of RSA 275:67 by written agreement between the employer and employee, made without coercion or pressure, provided the agreement is submitted to the commissioner of the department of labor. The agreement may be terminated by the employee by written notice to the employer and the commissioner of the department of labor. Said termination shall be effective 14 days after notice is provided.

Source. 2007, 353:1, eff. Jan. 1, 2008.

Section 275:69

    275:69 Penalties. – Any employer who willfully violates any provision of this subdivision shall be subject to a civil penalty under RSA 273:11-a.

Source. 2007, 353:1, eff. Jan. 1, 2008.

Noncompete Agreements

Section 275:70

    275:70 Noncompete Agreements. – Any employer who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the employee's acceptance of an offer of employment. A noncompete agreement that has not been disclosed to an employee as required by this section shall not be enforceable against the employee, but all other provisions of any employment, confidentiality, nondisclosure, trade secret, intellectual property assignment, or any other type of employment agreement or provision shall remain in full force and effect.

Source. 2012, 70:1, eff. July 14, 2012. 2014, 289:2, eff. July 28, 2014.

Section 275:70-a

    275:70-a Noncompete Agreements for Low-Wage Employees Prohibited. –
I. In this section:
(a) "Employer" shall have the same meaning as in RSA 279:1, XI.
(b) "Low-wage employee" means an employee who earns an hourly rate less than or equal to 200 percent of the federal minimum wage.
(c) "Noncompete agreement" means an agreement between an employer and a low-wage employee that restricts such low-wage employee from performing:
(1) Work for another employer for a specified period of time;
(2) Work in a specified geographical area; or
(3) Work for another employer that is similar to such low-wage employee's work for the employer who is a party to the agreement.
II. (a) No employer shall require a low-wage employee to enter into a noncompete agreement.
(b) A noncompete agreement entered into between an employer and a low-wage employee shall be void and unenforceable.

Source. 2019, 201:1, eff. Sept. 8, 2019.

Protection from Domestic Violence

Section 275:71

    275:71 Prohibited Conduct by Employer. –
It is an unlawful employment practice for an employer to:
I. Refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, harassment, sexual assault, or stalking.
II. Discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an individual with regard to promotion, compensation or other terms, conditions, or privileges of employment because the individual is a victim of domestic violence, harassment, sexual assault, or stalking.

Source. 2014, 208:1, eff. Sept. 9, 2014.

Section 275:72

    275:72 Penalty. – Any employer who violates this subdivision shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.

Source. 2014, 208:1, eff. Sept. 9, 2014.

Use of Social Media and Electronic Mail

Section 275:73

    275:73 Definition. – In this subdivision, "personal account" means an account, service, or profile on a social networking website that is used by a current or prospective employee primarily for personal communications unrelated to any business purposes of the employer. This definition shall not apply to any account, service, or profile created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer or to engage in business-related communications.

Source. 2014, 305:1, eff. Sept. 30, 2014.

Section 275:74

    275:74 Use of Social Media and Electronic Mail. –
I. No employer shall request or require that an employee or prospective employee disclose login information for accessing any personal account or service through an electronic communication device.
II. No employer shall compel an employee or applicant to add anyone, including the employer or the employer's agent, to a list of contacts associated with an electronic mail account or personal account or require an employee or applicant to reduce the privacy settings associated with any electronic mail or personal account that would affect a third party's ability to view the contents of the account.
III. No employer shall take or threaten to take disciplinary action against any employee for such employee's refusal to comply with a request or demand by the employer that violates this subdivision.
IV. Nothing in this subdivision shall limit an employer's right to:
(a) Adopt and enforce lawful workplace policies governing the use of the employer's electronic equipment, including policies regarding Internet use, social networking site use, and electronic mail use.
(b) Monitor usage of the employer's electronic equipment and electronic mail.
(c) Request or require an employee to disclose login information for access to:
(1) An account or service provided by virtue of the employee's employment relationship with the employer; or
(2) An electronic communications device or online account paid for or supplied by the employer.
V. If, through the use of an electronic device or program that monitors an employer's network or the use of employer provided devices, an employer inadvertently receives an employee's password, or other authentication information, the employer is not liable for having this information, but shall not use this information to access an employee's personal accounts.
VI. Nothing in this section shall prohibit an employer from:
(a) Obtaining information about an employee or prospective employee that is in the public domain;
(b) Conducting an investigation:
(1) To ensure compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct based on information about activity on an employee's personal account or service received from an employee or other source.
(2) Of an employee's actions based on the receipt of specific information about the unauthorized transfer of an employer's proprietary information, confidential information, or financial data to a personal online account or service by an employee or other source.
VII. In any investigation conducted under paragraph VI, the employer may require the employee's cooperation to share only the content that has been received by the employer, in order to make a factual determination.
VIII. Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations.

Source. 2014, 305:1, eff. Sept. 30, 2014.

Section 275:75

    275:75 Penalty. – Any employer violating RSA 275:74 shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.

Source. 2014, 305:1, eff. Sept. 30, 2014.

Advisory Council on Lactation

Section 275:76

    275:76 Repealed by 2016, 232:2, effective Dec. 1, 2017. –

Section 275:77

    275:77 Repealed by 2018, 260:3, eff. Dec. 1, 2020. –