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	The following information is general in nature. There may be exceptions to each. In order to inquire about a particular law or rule please contact the New Hampshire Department of Labor at (603) 271-3176 or 1-800-272-4353 or via our web site contact form. What is the minimum wage? When must overtime be paid? Is there a law concerning a lunch period? Can an employee be fired without being given a reason or a notice? What does an employee do to claim unpaid wages? What is the main difference between paying on salary vs. by the hour? What is the minimum number of hours per day an employee must be paid when reporting to work? When are wages due upon separation from employment? Is an employer required to provide a payroll deduction stub? When is it legal to make deductions or withhold from wages? When is the NH Youth Employment Certificate, also known as "Working Papers," required? If requested by a present or former employee, is the employer required to provide the employee with access to their personnel file? Upon hiring an employee is it necessary to put the employee's rate of pay or any fringe benefits in writing? If an employer furnishes uniforms with the company logo, can the employee be charged for the cost and, if the employee quits without returning the uniform, can the employer deduct the cost from the employees' final wages? Whose responsibility is it to keep records of hours worked and wages paid? What are the requirements for Workers' Compensation? Do you have to have Workers' Compensation on part-time employees? Do I have to have Workers' Compensation on family members? What constitutes an independent contractor? If we have liability or health insurance, doesn't it take the place of Workers' Compensation? Why am I getting a letter from the state when my Workers' Compensation is already paid? How long do I have to file a claim for an injured employee? Do I have to send a copy of our safety program to the labor department? Do I have to send the Safety Summary form in every year? What do I do if I am a seasonal business and I do not know who will be on the Safety committee until I hire them in the summer? How do I get a copy of the Safety Summary Form? What do I do if I don't use subcontractors as asked for on Question #7 of the Safety Summary Form? Do I count part time employees as part of my total workforce? Who are public employers in the State of New Hampshire? Which state agency regulates public employers? Does an employer have to keep the workplace in good condition? 1. What is the minimum wage? Effective 7/24/08 the minimum wage is $6.55 per hour and $7.25 effective 9/1/08. (RSA 279:21) Return to top 2. When must overtime be paid? Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one half of the employees regular rate of pay for all hours actually worked over forty in any one week. (FLSA) Return to top 3. Is there a law concerning a lunch period? An employer cannot require that an employee work more than five consecutive hours without granting a thirty minute lunch or eating period. If the employer cannot allow thirty minutes the employee must be paid if they are eating and working at the same time. (RSA 275:30-A) Return to top 4. Can an employee be fired without being given a reason or a notice? In New Hampshire an employer can fire without giving a reason or a notice. Return to top 5. What does an employee do to claim unpaid wages? Contact the Department of Labor for assistance. If necessary, file a wage claim form . (RSA 275:51 V) Return to top 6. What is the main difference between paying on salary vs. by the hour? An hourly employee is paid for all time worked including overtime, if applicable. A salaried employee receives a fixed amount of money constituting compensation regardless of the quantity or quality of the work performed or of the number of days and hours which the work is performed. (RSA 275:43 & RSA 275:43-b) Return to top 7. What is the minimum number of hours per day an employee must be paid when reporting to work? An employee who reports to work at the employer's request must be paid for a minimum of two hours, unless the employer can contact the employee prior to the employee arriving to work. (RSA 275:43-a) Return to top 8. When are wages due upon separation from employment? If an employee quits or resigns, the wages are due by the next regular payday. If fired, the wages are due within 72 hours from the time of the termination. (RSA 275:44) Return to top 9. Is an employer required to provide a payroll deduction stub? An employer is required to provide the employee with a written statement of all deductions, which may include taxes, insurance premiums, contributions to charities, legitimate loans and any other deductions made from gross wages. (RSA 275:49 IV) Return to top 10. When is it legal to make deductions or withhold from wages? An employer may only make deductions from wages when empowered or required by state or federal law, such as for taxes, or for a purpose which is accruing to the employees benefit with prior written authorization, such as an insurance premium or contributions to the employee's charity. (RSA 275:48) Return to top 11. When is the NH Youth Employment Certificate, also known as "Working Papers," required? The Youth Employment Certificate is required for any youth 12 to 15 years old and must be on file at the employer's place of business within three business days of the first day of employment. Employers are required to have on file at the work place, at the time employment begins, written permission by the parent or guardian of a 16 or 17 year old permitting the youth's employment. (RSA 276-A:4) Return to top 12. If requested by a present or former employee, is the employer required to provide the employee with access to their personnel file? Yes, an employee, whether past or current, must be given access to review or be given a copy of, if requested, their own personnel file, whether maintained in one or more locations. (RSA 275:56) Return to top 13. Upon hiring an employee is it necessary to put the employee's rate of pay or any fringe benefits in writing? Yes, employers must provide, in writing, an employee's rate of pay at the time of hire. An employer must also furnish all policies pertaining to any fringe benefits in writing. (RSA 275:49) Return to top 14. If an employer furnishes uniforms with the company logo, can the employee be charged for the cost and, if the employee quits without returning the uniform, can the employer deduct the cost from the employees' final wages? Any garment with a logo or of a distinctive design must be provided at no cost to the employee. If not returned, the employer cannot make a deduction from the final wages of the employee. (RSA 275:48) Return to top 15. Whose responsibility is it to keep records of hours worked and wages paid? The employer must keep a true and accurate record of all hours worked and all wages paid each employee. These records must be kept for a minimum of a least four years. (RSA 279:27) Return to top 16. What are the requirements for Workers' Compensation? Under the New Hampshire Workers' Compensation Law RSA 281-A:5, every employer who has any employees, full or part-time, is required to cover these employees with workers' compensation insurance written by a carrier. It does not matter if they are related, such as daughter, son, husband, etc. It also does not matter if the business is a "Non-Profit" organization. Sole-proprietors, partners and self-employed persons are not required to carry workers' compensation on themselves but may elect to be covered, per RSA 281-A:3. Sole proprietors or partners operating as Sub-Contractors, without employees, under a General Contractor may be required to carry workers' compensation coverage by the General Contractor. RSA 281-A:2 VIII explains that if a corporation or limited liability company (LLC) has 3 or less executive officers or LLC members and no other employees, coverage is not mandatory but may be elected pursuant to RSA 281-A:3. Once there is a 4th executive officer or LLC members, workers' compensation insurance must be obtained. Once coverage is in place, or any employees regardless of the number of officers or LLC members, all persons, including all officers or LLC members, are considered employees and would automatically be covered. Up to three executive officers or LLC members may then elect to be excluded per RSA 281-A:18a. Professional Associations are to be treated the same as corporations and LLC. Exclusion becomes effective by providing the agent with the date of birth, name, address and specific title of the executive officer(s) or LLC member(s) to be excluded. The agent will then notify the insurance carrier, who in turn notify the Department of Labor. If you have any other questions regarding workers' compensation coverage please feel free to call the office at (603) 271-3175. Return to top 17. Do you have to have Workers' Compensation on part-time employees? Yes. Return to top 18. Do I have to have Workers' Compensation on family members? Yes. Return to top 19. What constitutes and independent contractor? An independent contractor must meet the criteria defined in RSA 281-A:2 VI. This includes possession of a federal employer identification number, having control over the performance of the work and the time the work is performed. An independent contractor is not required to work exclusively for one employer. Return to top 20. If we have liability or health insurance, doesn't it take the place of Worker's Compensation? No. Workers' Compensation is required by law under RSA 281-A whereas, liability and health insurance are voluntary coverage on your part. Return to top 21. Why am I getting a letter from the state when my Workers' Compensation is already paid? The Department of Labor sends a questionnaire five (5) days before the termination date if we have not received notification of new coverage or reinstatement of existing coverage from your carrier. This allows you to be aware of your coverage status. Return to top 22. How long do I have to file a claim for an injured employee? "Every employer or self-insurer shall record in sufficient detail and shall report or cause to be reported to the commissioner any injury sustained by an employee in the course of employment as soon as possible, but no later than (5) days after the employee learns of the occurrence of such an injury." If an employer fails to file a First Report of Injury, the employer may be subject to a fine of up to $2,500.00. Return to top 23. Do I have to send a copy of our safety program to the labor department? No, the only item that employers must send to the department is the Safety Summary Form . Return to top 24. Do I have to send the Safety Summary form in every year? No, the law was changed to allow employers to file this form every other year (biennially) on or before January 1st. Return to top 25. What do I do if I am a seasonal business and I do not know who will be on the Safety committee until I hire them in the summer? File the form by the required date and note that the names of the committee members will be sent in after they are hired. Return to top 26. How do I get a copy of the Safety Summary Form? Either call and request a form from the Department of Labor or download the Safety Summary Form from our web site. Return to top 27. What do I do if I don't use subcontractors as asked for on Question #7 of the Safety Summary Form? We need to know that if you should hire an outside service provider or contractor that someone in the company will be responsible for determining that any work being provided, or materials being used by these people will not affect the safety and health of the employees working in the facility. Return to top 28. Do I count part time employees as part of my total workforce? Yes, all employees, including part time and seasonal are to be counted as part of your company's total workforce. Return to top 29. Who are public employers in the State of New Hampshire? Employer means the state or any of its political subdivisions operating a place of employment. RSA 277:1-b (II) Return to top 30. Which state agency regulates public employers? The New Hampshire Department of Labor regulates all public employers per the New Hampshire Administrative Rules Chapter LAB 1400 Safety & Health of Employees pursuant RSA 281-A & RSA 277 Return to top 31. Does an employer have to keep the workplace in good condition? Yes; Per New Hampshire Administrative Rules Chapter LAB 1403.01 Safety & Health Requirements Return to top
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