CHAPTER 135

HB 336 – FINAL VERSION

2007 SESSION

07-0949

06/05

HOUSE BILL 336

AN ACT requiring notice of the classifications of employee and independent contractor.

SPONSORS: Rep. Infantine, Hills 13; Sen. Hassan, Dist 23

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill requires that information about the classification of workers as employees or independent contractors be posted as part of the “Know Your Rights” notice in every place of employment.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0949

06/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT requiring notice of the classifications of employee and independent contractor.

Be it Enacted by the Senate and House of Representatives in General Court convened:

135:1 Notification, Posting, and Records; Independent Contractor Classification Information Added. Amend RSA 275:49 to read as follows:

275:49 Notification, Posting, and Records. Every employer shall:

I. Notify the employees, at the time of hiring of the rate of pay, and of the day and place of payment;

II. Notify his or her employees of any changes in the arrangements specified above prior to the time of such changes;

III. Make available to his or her employees in writing or through a posted notice maintained in a place accessible to his or her employees employment practices and policies with regard to vacation pay, sick leave, and other fringe benefits;

IV. Furnish each employee with a statement of deductions made from his or her wages under RSA 275:48 for each pay period such deductions are made;

V. Keep posted in a place accessible to his or her employees an abstract of this subdivision furnished by the commissioner which shall include information about the criteria for classifying an employee as an employee or as an independent contractor; and

VI. Make such records of the persons employed by him or her, including wage and hour records, preserve such records for such periods of time, and make such reports therefrom to the commissioner, as the commissioner shall prescribe by regulation as necessary or appropriate for the enforcement of the provisions of this subdivision.

135:2 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 18, 2007

Effective: August 17, 2007