In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $2,500, as determined by the commissioner, for any violation of the provisions of, or any rule adopted pursuant to, this title, except RSA 273-A, RSA 273-C, and RSA 282-A. All moneys collected under this section shall be deposited into the department of labor restricted fund established in RSA 273:1-b.
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 undocumented workers.
(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.
Source. 1983, 389:1. 1996, 34:1. 2005, 177:101, eff. July 1, 2005; 241:5, eff. Jan. 1, 2006. 2011, 182:1, eff. Aug. 13, 2011; 224:53, eff. July 1, 2011. 2014, 49:1, eff. July 26, 2014; 123:2, eff. Aug. 15, 2014. 2023, 79:89, eff. July 1, 2023.