277-B:12 Penalties. –
I. No person shall engage in the business of employee leasing nor hold itself out to the public as an employee leasing company without first having secured a license under this chapter.
II. Any person or employee leasing company who violates the provisions of this chapter may be fined by the commissioner up to $1,000 per employee for each day the violation continues. Any funds collected under this section shall be deposited to the department of labor restricted fund established in RSA 273:1-b.
III. Any client company which does business with an unlicensed employee leasing company may be fined by the commissioner up to $1,000 per employee for each day the violation continues. Any funds collected under this section shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
IV. Any such fines or penalties for violations of the labor law of New Hampshire shall be assessed either against the employee leasing company or the client company based upon the commensurate level of control of the worksite and each party's responsibility for compliance with the applicable violation.
V. Any such fines or penalties assessed by the state to an employee leasing company for violations of the labor law of New Hampshire shall specify at which client company the violation occurred. Unless successive labor law violations occur within the same client company, the state shall treat each violation assessed to an employee leasing company for violations at a specific client company as a first violation and shall not aggregate violations at separate client companies to assess additional and successive penalties.