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 via our web site contact
form.
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Can an employee be fired without being given a reason or a notice?
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What is the main difference between paying on salary vs. by the hour?
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What is the minimum number of hours per day an employee must be paid when reporting to work?
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Is an employer required to provide a payroll deduction stub?
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When is the NH Youth Employment Certificate, also known as "Working Papers," required?
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Whose responsibility is it to keep records of hours worked and wages paid?
Effective 8/21/11, no employee shall be paid at an hourly rate lower than set forth in the federal minimum wage law, which is currently $7.25 per hour.
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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)
(RSA 279:21
VIII)
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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)
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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.
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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 have 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)
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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)
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