NEW HAMPSHIRE

DEPARTMENT OF LABOR

Website: www.nh.gov/laborEmail: InspectionDiv@dol.nh.govSafetydiv@dol.nh.govWorkersComp@dol.nh.gov

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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)

NEW HAMSPHIRE DEPARTMENTOF LABOR

LIFE CYCLE OF A NEW HAMPSHIRE

EMPLOYEE

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

II - NOTIFICATIONRSA 275:49

Wage Notification; at leastminimum wage

Benefits

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

I V - CITIZENS PROTECTION

RSA 275:A-4-a

Documentation toshow eligibility to

work

V - RECORDING HOURSRSA 279:27

Two Hour

Minimum

(275:43-a)

Hourly vs Salaried

• 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 REPORTTOTAL DOLLARS PAID OUT

NH DOL BIENNIAL REPORTFATALITIES PER YEAR

NH DOL BIENNIAL REPORTINJURIES BY BODY PARTS

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.

U.S. Department of LaborWage and Hour Division

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 Level

Salary Basis

Job Duties

Three Tests for Exemption

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