NEW HAMPSHIRE
DEPARTMENT OF LABOR
Website: www.nh.gov/laborEmail: [email protected]@[email protected]
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NH LABOR LAWSAGENDA
9:00 – 9:05 Introduction
9:05 – 9:20 Commission for Human Rights
U.S. Small Business Adm.
Employer Support of the Guard &Reserve
9:20 – 10:30 Wage & Hour
10:30 – 10:45 BREAK
10:45 – 10:50 Employment Security
10:50 – 10:55 DRED
10:55 – 12:00 Continuation - W&H
TOP 10 NH LABOR LAW VIOLATIONS
1.Failure to pay all wages due for hours worked(RSA 275:43, LAB 803.01)
2. Failure to keep accurate record(RSA 279:27, LAB 803.03)
3. Failure to provide written notice(RSA 275:49, LAB 803.03)
4. Illegal employment of workers under 18(RSA 276-A, LAB 1000)
5. Failure to pay 2 hour minimum pay(RSA 275:43-a, LAB 803.03 (h), (i), (j))
TOP 10 NH LABOR LAW VIOLATIONS
6. Failure to secure and maintain workers compensation(RSA 275:42 I & II and RSA 281-A)
7. Failure to pay minimum wage(RSA 279:21)
8. Employment of Undocumented Workers Prohibited(RSA 275-A:4-a)
9. Illegal deductions from wages(RSA 275:48, LAB 803.02 (b), (e),(f))
10. Failure to have a written safety plan(RSA 281-A:64 LAB 602.01, 602.02, 603.02, 603.03)
LIFE CYCLE OF NEW HAMPSHIREEMPLOYEE
I. Workers’ Compensation Coverage
II. Notification
III. Documentation
IV. Citizens Protection
V. Recording of Hours
VI. Safety and Health Program
VII. Deductions
VIII. Weekly Payment of Wages
IX. Terminating the Employment and Relationship
I - WORKERS’ COMPENSATION
Failure to secure and maintain NHWorkers’ Compensation insurancecoverage
Misrepresentation of workers
Exclusion of executive officers
Prime Contractor’s responsibility
I - WORKERS’ COMPENSATION
• Filing of the first report of injury
• First Aid
• Reinstatement of an employeesustaining a compensable injury
• Temporary Alternative Duty
• Job Modification
• Second Injury Fund
III - DOCUMENTATIONYOUTH EMPLOYMENT
RSA 276-A
• Illegal employment ofworkers under 18years old (not havingproper paperwork,hours violations, orworking in ahazardousenvironment).
III – DOCUMENTATION YOUTHEMPLOYMENT
RSA 276-A
16-17 year old:
Parental permission
No more than 6 consecutivedays
No more than 30 hourswhile in school
No more than 48 hours aweek during schoolvacations
Night work
HO’s no mfg. no const., nologging, no quarrying.
III- YOUTH EMPLOYMENTRSA 276-A
14 and 15 year olds:
HO’s no mfg. no const., no logging, no quarrying
Not earlier than 7 am; no later than 9 pm; no morethan 3 hours on school days, 23 hours on schoolweeks
Non school days can work 8 hours a day
NH age 12 can work
Fed’s say 14 year olds can work. Must follow stricterof the two.
Can volunteer but need certificate
• Task force in1994 developed recommendations to lowerworkers compensation costs to employers
• RSA 281-A:64 passed in 1994
• Adopted Administrative Rules for Safety Programs andJLMC in 1994
• Employers were given until Jan 1, 1996 to come intocompliance with legislation
• Administrative Rules for Safety and Health Lab 1400Rules (2/98) ( this is for the public sector)
VI - SAFETY AND HEALTHPROGRAM HISTORY RSA 281-A:64
EFFECTIVE JLMC MEETINGS
• Select a Chairperson, Co-chair, Secretary or Scribe.
• Post meeting agenda.
• Schedule meetings so all members can attend.
• Post meeting minutes.
• Review incidents, near miss reports, and prioritizeaction items.
• Train members in accident causes, investigationtechniques, government regulations.
• Use committee as a resource tool, to make changes,to reduce your risks, to prevent workplace injuries.
NH DOL BIENNIAL REPORTINJURIES BY CAUSE
CAUSES
• Criminal Act
• Lifting Action
• Motor VehicleAccident
• Repetitious
• Slip or Fall
• Tools
2014 2015 2016 2017
68 62 40 43
6882 3890 7025 7012
752 747 729 828
1225 1095 1050 1044
9110 8566 8038 9493
1884 1908 1891 1967
VII - DEDUCTIONSRSA 275:48
All allowed deductions arein the law, example
Accidentaloverpayment
Unearned time off
VIII - WEEKLY PAYMENT OFWAGES RSA 275:43
Permission to pay other than weekly/biweekly
Payment options: checks, direct deposit, orpay-cards.
Paying all wages due:
– Short breaks and meal period
– Rounding
– Late pays/errors in pay
No fee to cash payroll check; convenient tobusiness
VIII - PAYMENT OF WAGESRSA 275:43
SALARIED EMPLOYEES - RSA 275:43b
Paid same salary each pay period regardless of quality orquantity of work.
UNLESS No work performed at all or disciplinary suspension with or
without pay in accordance with Fair Labor Standards Act. Bereavement Leave Family and Medical Leave Act If the salaried employee voluntarily, without coercion or
pressure, request time off without pay for any portion of a payperiod
Hired after the beginning of pay period or terminates of theirown accord or terminated for cause
Offset any amount received by a salaried employee for juryduty or witness fees or military pay.
IX - TERMINATING AN EMPLOYEERSA 275:44 / RSA 275:45
SALARY vs HOURLY
Discharge – 72 hours
Quit – next regular payday except, if employee gives at leastone pay period notice, then within 72 hours
When suspended for labor dispute or laid off for any reason,wages should be paid in full not later than next regular payday through regular pay channels or by mail, if requested.
In the case of a dispute over the amount of wages due,employer shall pay without condition and within the set timeby this subdivision, all wages due.
Regular Rate
• Is determined by dividing total earnings inthe workweek by the total number ofhours worked in the workweek
• May not be less than applicable minimumwage
Regular Rate (RR)
Step 1: Total Straight Time Earnings (Minus
Statutory Exclusions) Divided ByTotal Hours Worked = Regular Rate
Step 2: Regular Rate x .5 = Half Time Premium
Step 3: Half Time Premium x Overtime Hours
= Total Overtime Premium Due
Example: Hourly Rate+ Production Bonus
Total Hours = 48
Hourly Rate = $9.00
Bonus = $10
48 hours x $9.00= $432.00
Bonus + 10.00
$442.00
$442.00 / 48 hrs = $9.21 (Regular Rate)
$9.21 x .5 = $4.61
$4.61 x 8 hrs = $36.88 (Overtime Due)
Regular Rate Exclusions
• Sums paid as gifts
• Payments for time not worked
• Reimbursement for expenses
• Discretionary bonuses
• Profit sharing plans
• Retirement and insurance plans
• Overtime premium payments
• Stock options
“White Collar” Exemptions(29 CFR 541)
The most common FLSA minimum wage andovertime exemption -- often called the “541” or“white collar” exemption -- applies to certain
• Executive Employees
• Administrative Employees
• Professional Employees
• Outside Sales Employees
• Computer Employees
Salary Basis Test
• Regularly receives a predetermined amount ofcompensation each pay period (on a weekly or lessfrequent basis)
• The compensation cannot be reduced because ofvariations in the quality or quantity of the workperformed
• Need not be paid for any workweek when no work isperformed
Executive Duties
• Primary duty is management of theenterprise or of a customarily recognizeddepartment or subdivision
• Customarily and regularly directs the work oftwo or more other employees
• Authority to hire or fire other employees orrecommendations as to the hiring, firing,advancement, promotion or other change ofstatus of other employees given particularweight
Administrative Duties
• Primary duty is the performance of office ornon-manual work directly related to themanagement or general business operationsof the employer or the employer’s customers
• Primary duty includes the exercise ofdiscretion and independent judgment withrespect to matters of significance
Professional Duties
• Primary duty is the performance of workrequiring knowledge of an advanced type in afield of science or learning customarilyacquired by a prolonged course of specializedintellectual instruction
• Primary duty is the performance of workrequiring invention, imagination, originality, ortalent in a recognized field of artistic orcreative endeavor