NEW HAMPSHIRE. This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2013 Agent 77, Inc.

Transcription

1 Thank you for downloading Agent 77 s STATE EMPLOYMENT REGULATIONS FOR. This form is provided to you as is. As provided, we believe it meets the requirements needed for state compliance, as applicable, at the time you download it. Any substantive change to the contents of this document may result in potential legal liability for you and your company. Agent 77, Inc. accepts no liability or responsibility for any of our documents that have had the contents altered beyond simply filling in the appropriate blanks and/or replacing place holder text and adding your company logo and information. This document is provided to you with the understanding it is not a legal or accounting opinion and should not be construed as such, and that Agent 77, Inc. is not engaged in the business of rendering legal or accounting services. If you need specific advice on any legal or accounting issue, the services of a competent professional should be sought. Please see for more information. This and all documents downloaded from our website are Copyright 2005, 2006, 2008, 2013 Agent 77, Inc. Reminder: Agent 77 s license prohibits you from copying and distributing this STATE EMPLOYMENT REGULATIONS FOR to anyone outside of your company. Doing so is a violation of this license and will result in the revocation of your subscription and/or prosecution under federal copyright laws as well as possible civil litigation. Please see for a copy of the current license agreement. New_Hampshire_Regs

2 What s New STATE EMPLOYMENT REGULATIONS FOR Beginning January 1, 2006, employers must grant victims of crime leave to attend court, or other legal or investigative proceedings associated with the prosecution of the crime New Hampshire now requires employers to grant sick or disability leave for pregnancy-related disability, to restore employees to their original position after such leave, and to grant such leave at the same rate and with the same benefits as for any other temporary disability The New Hampshire minimum wage was raised to $7.25 per hour Changes were made to the following sections: Family Leave, Jury Duty, Payment of Wages, Work Hours and Breaks, Military Leave, Child Labor and Discrimination. The following sections were added: Breastfeeding, Crime Victim Leave, New Hire Reporting, Access to Personnel Files, Smoking Changes were made to the following section: State Continuation of Benefits Changes were made to the following section: New Hire Reporting Changes were made to the following sections: Military Leave and New Hire Reporting. New_Hampshire_Regs

3 Introduction STATE EMPLOYMENT REGULATIONS FOR Employment laws vary from state to state with some being more employee-friendly than others. Federal regulations set minimum standards of worker protections that all employers of a given size must meet. Individual states, however, are free to grant workers additional or expanded rights or protections above this federal minimum. Virtually all employers in the U.S. are subject to federal employment regulations. Only the smallest, strictly local employers are not subject to federal regulations. If an employer does any of the following, they are participating in interstate commerce and are subject to federal employment regulations: Production of goods for commerce, such as transportation or communication Use of mail over state lines Interstate communications using the telephone Use of the Internet over state lines Interstate communications using electronic mail Make purchases from out-of-state vendors Sell to customers in other states This summary of employment regulations does not include information for those few employers not subject to the federal minimum employment regulations. Many states have regulations for public employers that are different than those for employers in the private sector. This document also does not include information on regulations (federal and state) that apply only to public sector employers. In this document we summarize the workplace regulations and worker protections available in New Hampshire. Although not an exhaustive list, it covers the major topics small to midsized employers must deal with on a regular basis. Covered areas include: Wage, hour and overtime rules (including child labor and break rules); Leaves of absence (family leaves, voting time and jury duty); Discrimination and harassment regulations; and State rules on continuation of benefits. The federally mandated, but state run new-hire reporting requirements are covered under a separate document, available for download from Libretto or from the Agent 77 store. The following Quick View table summarizes these regulations. This is followed by a more detailed description of these regulations. Please be sure to read both carefully to understand your responsibilities under New Hampshire and federal law. Also, see the resources section below for reference websites and Libretto tools that can help you comply with these regulations. New_Hampshire_Regs 1 of 7

4 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR Topic Minimum Wage Overtime Payment of Wages Work Hours and Breaks Child Labor Voting Time Jury Duty Military Leave New Hampshire Regulation $7.25 / hour Tipped employees must be paid at least 45% of minimum wage Non-exempt employees must be paid at least 1.5 times their regular rate for hours worked over 40 in a given week Employees must be paid at weekly, no more than 8 days after the close of the period. Final paychecks must be delivered no later than 72 hours after termination. Final pay may include accrued vacation and holiday pay. Employees working at least 5 contiguous hours must be given a 30-minute or more meal break, with some exceptions. Employers employing minors under 16 must keep an employment certificate on file (issued by Superintendent of Schools) Required 30-minute break for every 5 hours worked Federal and New Hampshire law prohibit minors in certain occupations. See the U.S. Department of Labor and the New Hampshire Department of Labor for information on these prohibitions (contact information is in the reference section). See the details section below for restrictions on hours minors may work Posting provisions apply. New Hampshire has no voting time rules Leave is required, but is unpaid Employee must be reinstated to same position after completion of jury duty New Hampshire provide protection for members of the National or state Guard The Federal Law is outlined: below Employers must grant up to 5 years of military leave Employee must be reinstated to same or equivalent position after completion of military leave Employers may not terminate or threaten to terminate any employee called to military service Special benefit rules apply for military leave New_Hampshire_Regs 2 of 7

5 QUICK VIEW OF STATE EMPLOYMENT REGULATIONS FOR Family Leave Breast Feeding New Hire Reporting Access to Personnel Files Smoking Discrimination and Harassment Continuation of Benefits Employers must grant victims of crime leave to attend court, or other legal or investigative proceedings associated with the prosecution of the crime. Employers must grant sick or disability leave for pregnancy-related disability, must restore employees to their original position after such leave, and must grant such leave at the same rate and with the same benefits as for any other temporary disability. Employers with 50 or more employees must: o Grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours o Leave must be granted for birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and illness/injury of covered service member for o Employee must be reinstated to same or equivalent position after completion of leave o Benefits must be maintained during leave Restricting the right of a woman to breast feed her child is discriminatory. Employers are required to report certain information to the state within 20 days of hire/rehire. Employers must provide employees the opportunity to inspect their personnel files, with some exceptions. Smoking is prohibited in enclosed workplaces except in effectively segregated areas. Policy requirements apply. New Hampshire prohibits employers from discriminating based on ancestry or national origin, race or color, religion, age (over 40), physical or mental disability, marital status, genetic testing results, mothers breastfeeding, sexual orientation, sex (including sexual harassment, pregnancy, childbirth, and other pregnancy-related conditions), membership in the National Guard or state militia or smoking off-site. Details and contact information are detailed below. New_Hampshire_Regs 3 of 7

6 Wage, Hour and Overtime Rules Employers are subject to the federal minimum wage, hour and overtime rules through the Fair Labor Standards Act. This act specifies that businesses that do at least $500,000 in gross revenue, as well as all health care facilities and schools are subject to the federal rules. Also, employers involved in interstate commerce are subject to the federal rules. Minimum Wage New Hampshire minimum wage is $7.25 per hour. Also, employers may apply a credit for tipped employees, provided the employee no less than 45% of the minimum (or a cash wage of $3.26 per hour) from the employer and that the total wages plus tips come to at least the minimum of $7.25 per hour. Finally, both federal and New Hampshire regulations allow employers to apply for licenses to pay sub-minimum wages to certain disabled persons. Please contact the U.S. Department of Labor or the New Hampshire Department of Labor for more information on applying for these licenses. (Contact information for both are listed in the reference section below.) Overtime New Hampshire also has the same overtime rules as the federal government. That is, for any hours worked over 40 in a given week, non-exempt employees must be paid at least one and one-half times their regular pay. Like the federal rules New Hampshire exempts certain employees from minimum wage and overtime rules. Excluded employee classes include: executive, administrative, professional, outside salespeople and computer professionals. (Use Libretto s FLSA Resource Package for help in determining whether a given employee is exempt). New Hampshire also permits exemptions for certain small employers not involved in interstate commerce. See the New Hampshire Department of Labor web site for a list of these exemptions. Payment of Wages New Hampshire law requires that employees be paid weekly. For voluntary terminations, final paychecks must be delivered no later than 72 hours following termination if adequate notice was provided; otherwise pay is due the next regular payday. For involuntary terminations, final paychecks must be delivered no later than 72 hours after termination. Deductions from the final paycheck may not be made without the employee's written consent. Employers must provide written descriptions of policies regarding the payment of vacation pay. Final wages include vacation pay, when such pay is provided under a company policy or practice. Employers may not require employees to be paid electronically unless employee consents in writing. Employers must disclose non-compete and non-piracy agreements to employees or potential employees prior to making an offer of employment or an offer of change in job classification. Employers must pay discharged employees their wages (which may include vacation and holiday pay) within 72 hours. New_Hampshire_Regs 4 of 7

7 Work Hours and Breaks New Hampshire requires employees working 5 contiguous hours to have at least a 30 minute meal break. An exception is made if it is feasible for employees to eat while working and employers permit employees to do so. Child Labor New Hampshire child labor law requires all employers employing minors under the age of 16 to have employment certificates on file (issued by a city or county superintendent of schools Employers who employ minors under 16 years of age are subject to strict limits for hours worked per day and per week for their minor employees: No youth under 16 years of age may be employed more than 3 hours per day on school days and 23 hours per week during school weeks, except that on non-school days a youth may be employed 8 hours per day and, during vacations, 48 hours per week. No youth 16 or 17 years of age who is duly enrolled in school may be permitted to work for than six (6) consecutive days or more than 30 hours during the school calendar week. No youth 16 or 17 years of age may work more than six (6) consecutive days or 48 hours in a week during school vacations. In addition, no youth may be employed at manual or mechanical labor in any manufacturing establishment more than 10 hours in a day or more than 48 hours in a week. No youth may be employed or permitted to work at manual or mechanical labor in any other employment more than 10 1/4 hours a day or more than 54 hours in a week. No youth may be employed or permitted to work at night work more than eight (8) hours in any 24 hour or more than 48 hours during the week. Some exceptions may be approved by the Labor Commissioner. Employers must post in a conspicuous place in every room where minors are employed a printed notice stating the hours of work, the time allowed for dinner or other meals and the maximum hours any minor is permitted to work in a day. Notices may be obtained from the Commissioner of Labor, Both federal and New Hampshire law prohibits minors from working in hazardous or certain other occupations. Please contact the U.S. Department of Labor or the New Hampshire Department of Labor for more information on restricted occupations for minor employees. Leaves of Absence Voting Time New Hampshire has no voting time leave provisions. Jury Duty Employers must provide leave for jury duty, but need not pay for the leave. Also, employers may not terminate or threaten to terminate any employee called to jury duty, and employees must be restored to their position within the company as if they had been on furlough. Employees who are covered by FLSA exemptions must be paid their full salary (minus jury duty stipend) or risk losing their exemption status. New_Hampshire_Regs 5 of 7

8 Crime Victim Leave Employees who are victim of a crime are permitted to leave work to attend court or other legal or investigative proceedings associated with the prosecution of the crime. Employers may not discriminate against or discharge employees who are crime victims because they exercise their rights to leave. Employees may not lose seniority while on leave for crime proceedings. Employers are not required to compensate employees and may require employees to use accrued vacation, personal or sick time. An employer may limit the amount of an employee's leave if it creates an undue hardship to the employer's business. Military Leave Federal law provides that employees must be granted up to 5 years of military leave and must be restored to their position (or an equivalent position) within the company as if they had been on furlough. Also, employers may not terminate or threaten to terminate any employee called to military service, Please see Libretto s White Paper on USERRA for more details on military leave. State law provides that employees who are members of the National Guard or state guard, when called to active service are eligible for the same benefits, privileges, protections and reinstatement as those called to service under USERRA. State law provides that employers may offset any amounts received by a salaried employee for 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. Family Leave Employers with 50 or more employees must grant up to 12 weeks of unpaid family medical leave to employees who have completed a year of service or 1250 hours. This leave must be granted for the birth or adoption of a child, serious medical condition of the employee, to care for a family member with a serious medical condition, qualifying exigency for military leave and illness/injury of covered service member for leave. After completion of the leave the employee must be reinstated to the same or an equivalent position (as regards to salary, benefits and seniority). Also, benefits, such as health care coverage and retirement benefits, must be maintained during leave. Employers with 6 or more employees must grant leave for pregnancy-related disability. Once the employee is able to return to work, they must be restored to their original position or a comparable position (pay, benefits, seniority, etc). This leave must be at the same rate and with the same benefits as for any other temporary disability. In addition, employers must grant victims of crime leave to attend court, or other legal or investigative proceedings associated with the prosecution of the crime. Same sex spouses are entitled to the same rights, benefits and protections as are granted to heterosexual spouses. Other Employment Regulations Breast Feeding Restricting the right of a woman to breast feed her child is discriminatory. New_Hampshire_Regs 6 of 7

9 New Hire Reporting Employers are required to report to the state new hires/rehires within 20 days, the employee's name, address, SSN and first day of work as well as the employer's name, address, state and federal EINs. The requirement applies to independent contractors if they are expected to earn more than $2,500 and rehires if the break in service lasted longer than 60 consecutive calendar days. For independent contractors, reporting is also required when there was a break in service for at least 60 consecutive calendar days unless; a) the contract is in writing, b) the break in service is during the term of the contract; c) the break in service is in accordance with the provisions of the contract. The report can be made on federal form W-4. Newly hired individuals are those who have not been previously employed and who earn wages or any other form of compensation. Rehired employees are those who have been previously employed but have been separated for at least 60 consecutive calendar days. Access to Personnel Files Employers must provide employees a reasonable opportunity to inspect their personnel files. Employers are not required to disclose information of a requesting employee who is the subject of an investigation at the time of request if such disclosure of information would prejudice law enforcement. If an employee disagrees with the information contained in the personnel file and the employer and employee can't agree upon removal or correction, the employee may submit a written statement explaining his/her version and the statement becomes part of the personnel file. Smoking in the Workplace Smoking is prohibited in all enclosed workplaces with four (4) or more workers, except in effectively segregated smoking-permitted areas. Designated smoking areas must be separated by a continuous physical barrier that is at least 56 inches high and at least four feet of space must separate smoking and no-smoking areas. If smoking areas can't be effectively segregated, then smoking must be totally prohibited. Employers with four (4) or more workers are required to have a written smoking policy that is posted and made available to all workers. Employers must provide employees with orientation about the policy. Discrimination and Harassment New Hampshire prohibits discrimination or harassment based on: Ancestry or national origin Race or color Religion Age (over 40) Mental or physical disability Marital status Mothers breastfeeding Genetic testing results Sexual orientation New_Hampshire_Regs 7 of 7

10 STATE EMPLOYMENT REGULATIONS FOR Membership in the National Guard or state militia Sex (including sexual harassment, pregnancy, childbirth, and other pregnancyrelated conditions), or Smoking off-site Whistleblowing is protected. Employers with more than 15 employees are covered by GINA, which prohibits discrimination based on genetic testing. Informed consent must be obtained before an individual is tested for AIDS. Posters regarding human and employment rights must be posted in conspicuous locations in the workplace. State Continuation of Benefits Benefits requirements change frequently. Currently continuation coverage requirements apply to employers that provide group health insurance coverage to employees. Eligible employees have the right to continue coverage for up to 36 months. The following link will provide current information about state law: Resources New Hampshire Department of Labor United States Department of Labor New Hampshire New Hire Reporting New Hampshire Commission for Human Rights Related Libretto Products FLSA Resource Package (for help in determining overtime exempt / non-exempt status of employees) Overtime Guidelines Break Period Guidelines Family Medical Leave of Absence Policy Military Leave of Absence Policy Jury Duty-Witness Leave Policy Voting Time Policy Prohibited Harassment and Nondiscrimination Policy & Employee Acknowledgement COBRA Continuation Coverage Policy New_Hampshire_Regs 8 of 7

11 General Notice of COBRA Continuation Coverage Rights COBRA Continuation Coverage Election Information. Notice And Form New Hire Reporting for New Hampshire New_Hampshire_Regs 9 of 7