CHAPTER 182
SB 86 – FINAL VERSION
03/30/11 1182s
06/01/11 2064eba
2011 SESSION
06/05
SENATE BILL 86
AN ACT requiring the department of labor to warn employers of certain violations prior to imposing a fine.
SPONSORS: Sen. Luther, Dist 12; Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Bragdon, Dist 11; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Forsythe, Dist 4; Sen. Gallus, Dist 1; Sen. Groen, Dist 6; Sen. Lambert, Dist 13; Sen. Morse, Dist 22; Sen. Odell, Dist 8; Sen. Prescott, Dist 23; Sen. Rausch, Dist 19; Sen. Sanborn, Dist 7; Sen. Stiles, Dist 24; Sen. White, Dist 9; Rep. Infantine, Hills 13; Rep. Umberger, Carr 1; Rep. Chandler, Carr 1; Rep. Hunt, Ches 7; Rep. Bettencourt, Rock 4
This bill requires the department of labor to issue one warning to employers for certain violations before a fine may be imposed.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/30/11 1182s
06/01/11 2064eba
11-0213
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT requiring the department of labor to warn employers of certain violations prior to imposing a fine.
Be it Enacted by the Senate and House of Representatives in General Court convened:
182:1 Civil Penalties. RSA 273:11-a is repealed and reenacted to read as follows:
273:11-a Civil Penalties.
I. In addition to any criminal penalty provided under this chapter, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, as determined by the commissioner, for any violation of any of the provisions of this chapter or of any rule adopted pursuant to this chapter. All moneys collected under this section shall be deposited in the general fund.
II. Except as provided in paragraph III, the commissioner shall issue one written warning to the employer. The employer shall have 30 days from receipt of the warning to cure the defect causing the violation.
III. No warning shall be issued if, in the opinion of the commissioner, the employer intends to cause harm, the violation poses a threat to public safety, or the violation involves any of the following:
(a) Failure to pay an employee in full and on time under RSA 275:43.
(b) Payment of wages by checks on a financial institution that is not convenient to the place of employment as required by RSA 275:43, I(e).
(c) Failure to pay final wages in full as required by RSA 275:44.
(d) Failure to pay amounts withheld for court ordered child support to the custodial parent.
(e) Continuation of wage withholding for insurance benefits that have been cancelled.
(f) Illegal withholding of wages to compensate employer for employee actions resulting in loss or damage.
(g) Failure to comply with RSA 275-A:4-a regarding illegal aliens.
(h) Requiring that employees to perform any illegal activities under threat of job loss.
IV. Any person on whom a penalty is imposed under this section may appeal as provided in RSA 273:11-c and 273:11-d.
V. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the conduct of hearings under paragraph IV.
182:2 Civil Penalties. Amend RSA 157-A:10-a, II to read as follows:
II. The commissioner shall conduct hearings in the manner required under rules adopted pursuant to RSA 541-A and 273:11-a, [II] V.
182:3 Civil Penalties. Amend RSA 157-B:13-a, II to read as follows:
II. The commissioner shall conduct hearings in the manner required under rules adopted pursuant to RSA 541-A and 273:11-a, [II] V.
182:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 14, 2011
Effective Date: August 13, 2011