CHAPTER Lab 800 PAYMENT OF WAGES AND REQUIREMENTS OF
EMPLOYERS
Statutory
Authority: RSA 275:48, I, RSA 275:49, VI
and: 54; RSA 279:15
PART Lab 801 PURPOSE
Lab 801.01 Purpose. The purpose of these rules is to set forth
procedures for carrying out the provisions of RSA 275 and RSA 279 as amended,
and to allow the department to carry out its duties in such manner that
employers who are subject to the statutes will be sufficiently informed of its
provisions.
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
PART Lab 802 DEFINITIONS
Lab 802.01 "Amusement establishment" as used
in RSA 279:21, VIII (a) means a facility that provides entertainment or
recreation as its primary function. The term includes "recreational
establishment."
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab 802.02
"Any one week" as used in RSA 279:21, VIII, means a workweek
for non-salaried employees that is established by the employer which consists
of:
(a)
A fixed period of 168 hours, 7 consecutive 24 hour periods;
(b)
A period which commences and ends on a specific day of the week and hour
of the day; and
(c)
A period which coincides with the calendar week.
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab 802.03 "Department" means the
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab 802.04 "Domestic labor" as used in RSA
279:21, I and RSA 275:42, I means:
(a)
Work performed in the private residence of the employer where employees
are not employed by an employer or agency other than the family or household
using their services, which includes but is not limited to, care givers or
companions for babies, children or persons who are not physically or mentally
infirm or the aged, as well as housekeeping, gardening, and handy person work;
or,
(b)
Live-in companionship services which provide fellowship, care, and
protection for a person who, because of advanced age or physical or mental
infirmity, cannot care for his or her own needs, regardless of whether the
live-in companion is employed by an employer or agency other than the person
using such services, subject to the following limitations:
(1) The services
include household work such as meal preparation, bed making, washing of clothes, and other similar services
incidental to companionship, provided that general household work does not
exceed 20 percent of the total weekly hours worked; and
(2) The services do not include those relating to
the care and protection of the aged or infirm that are normally performed
by specially trained personnel, such as but not limited to registered or
licensed nurses.
Source. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
(from Lab 802.05)
Lab 802.05 "Establishment" as used in RSA
279:21, VIII (a) and these rules means a distinct business entity characterized
by a unique federal employer identification number and corporate or trade-name
registration with the NH secretary of state.
Source. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
(from Lab 802.06)
Lab 802.06 "Farm labor" as used in RSA 279:21,
I and RSA 275:42, I means all work performed in agriculture including
cultivation and tillage of the soil, dairying, growing and harvesting of any
agriculture or
horticultural
commodities, the raising of livestock, bees, fur bearing animals or poultry and
any practices performed by a farmer on a farm. "Farm labor" does not
include the retailing of goods other than the products produced by the farm.
Source. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff
4-11-16; ss by #11070, eff 4-11-16 (from Lab 802.07)
Lab 802.07 "Outside sales people"
as used in RSA 279:21, I means employees who make sales or obtain orders or
contracts for services, are customarily and regularly
engaged away from his or her place of business, and whose time is not
scheduled by the employer.
Source. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
(from Lab 802.08)
Lab 802.08 "Personnel file" as used in RSA
275:56 means any personnel records created and maintained by an employer and
pertaining to an employee including and not limited to employment applications,
internal evaluations, disciplinary documentation, payroll records, injury
reports and performance assessments, whether maintained in one or more
locations, unless such records are exempt from disclosure under RSA 275:56, III
or are otherwise privileged or confidential by law. The term does not include recommendations,
peer evaluations, or notes not generated or created by the employer.
Source. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
(from Lab 802.09)
Lab 802.09 "Restaurant" as used in RSA 279:21,
means an establishment in a temporary or permanent building, kept, used,
maintained, advertised and held out to the public to
be a place where meals are regularly prepared or served for which a charge is
made and where seating and table service is available for customers or where
delivery services are available. The
term does not include establishments whose “primary function” is not to prepare
and serve food.
Source. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #10039, eff 1-1-12;
ss by #11070, eff 4-11-16 (from Lab 802.10)
Lab 802.10 "Seasonal establishment" as used in
RSA 279:21, VIII (a) means an establishment whose business function can and
does occur only during specifically identifiable times of the year as dictated
by weather conditions, temperature, dependence on recreational and amusement
activities, and major holidays, and which does not operate all
year round.
Source. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.10); ss by
#10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.11)
Lab 802.11 "State" means the
state of
Source. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.11); ss by
#11070, eff 4-11-16 (from Lab 802.12)
Lab 802.12 "Statute" means the Protective
Legislation Law, RSA 275, as amended and the Minimum Wage Law, RSA 279, as
amended.
Source. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.12); ss by
#11070, eff 4-11-16 (from Lab 802.13)
Lab 802.13 “Tipped employees” as used in RSA 279:21
includes employees who deliver meals prepared in a restaurant to the customer’s
home, office, or other location.
Source. #10039, eff 1-1-12;
ss by #11070, eff 4-11-16 (from Lab 802.14)
PART Lab 803 RESPONSIBILITIES OF EMPLOYERS AND THEIR
REPRESENTATIVES
Lab 803.01 Payment of Wages.
(a)
Pursuant to RSA 275:43, I and II, every employer shall pay all wages due
to his or her employees, after the expiration of the workweek on regular
paydays designated in advance. Biweekly payments of wages shall meet the
requirement provided the first payment of wages is made within 8 days,
including Sunday, after expiration of the weeks in which the work is performed
on a biweekly basis with designated paydays falling every 14 days thereafter.
(b)
Every employer who requests permission to pay less frequently than
required by RSA 275:43, I, shall supply the department with the following:
(1) Method of payment;
(2) Whether the employer wishes to pay semi-monthly or monthly;
(3) When each pay period begins and when each pay
period ends;
(4) Designated payday;
(5) Classification of employees;
(6) The salary range of the employees involved;
and
(7) The employer’s federal identification number.
(c)
Permission shall be granted pursuant to RSA 275:43, IV on
a case by case basis provided the following terms and conditions are met:
(1) The information supplied pursuant to Lab
803.01(b), above, is complete;
(2) The designated payday is on a regular
schedule which is no less frequent than monthly;
(3) The employer has no history of wage and hour
violations; and
(4) The employees of the employer making such
request will not endure financial hardship by a decrease in pay frequency.
(d)
If permission is granted pursuant to Lab 803.01(c) above, the permission
shall be valid for an indefinite period of time,
provided that:
(1) No complaints are received from the employees
involved;
(2) Payroll is regularly satisfied on the
designated payday;
(3) The information provided pursuant to Lab
803.01(b) does not change; and
(4) The employer remains in compliance with all
New Hampshire labor laws.
(e)
Pursuant to RSA 275:44, I and II, every employer who discharges an employee
shall pay all wages owed within 72 hours either by physically giving payment to
the employee or by mailing the payment to the employee, at the discretion of
the employee. The employer shall pay in
full the wages of an employee who quits no later than the next regular payday,
except when he or she will not permit the employee to work the period of
notice, in which event he or she shall make payment within 72 hours.
(f)
Every employer shall pay without condition and within the time set forth
in Lab 803.01 (a), and (e) all wages or parts thereof conceded by him or her to
be due.
(g)
In determining what wages are owed and in making payment thereof, the
employer shall:
(1) Pay wages based upon required records of
hours worked per RSA 279:27 and RSA 275:49, VI, and in accordance with written
or verbal agreements between the parties per RSA 275:49, I-III; and
(2) Require no release as a condition of payment
per RSA 275:50, although a receipt may be requested.
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.02); ss by
#11070, eff 4-11-16; ss by #13000, eff 3-5-20
Lab 803.02 Prohibitions.
(a)
No employer shall pay a salaried employee compensation in an amount,
that when compared to the hours of any workweek, falls below the minimum wage
per RSA 279:21.
(b)
Pursuant to RSA 275:48, I, no employer shall require an employee or
applicant for employment to pay for the cost of a medical examination,
non-required drug or alcohol testing, records required by the employer,
or any item required by and for the benefit of the employer, as a condition of
employment. This shall not include
examinations, permits or licenses required by state or federal law.
(c) No employer shall reduce a salaried employee's
pay during any pay period in accordance with RSA 275:43-b, I (e) if the salaried
employee notifies the employer of an absence on any day due to illness.
(d)
No employer shall prorate a salary to a daily basis in accordance with
RSA 275:43-b, I, (b) and the Fair Labor Standards Act for a disciplinary
suspension unless the action is a direct result of a safety violation made by
such employee as required in 29 U.S.C. sec. 201 et seq. of the Fair Labor
Standards Act.
(e)
Pursuant to RSA 275:48, no employer shall require employees to wear
uniforms as defined in RSA 275:48 V (b) unless the employer provides each employee
with uniforms at no cost whatsoever to the employee.
(f)
Pursuant to RSA 279: 26-b and RSA 275:48, no employer shall withhold,
divert, or make use of tips for any purpose not specifically allowed by RSA
275:48 I.
(g) No employer shall pay a tipped employee, as
described in RSA 279:21, who is not engaged in duties that regularly and customarily generate tips directly from
the customer, a base rate of less than the applicable minimum wage. This prohibition shall not apply to duties
that are incidental to the regular duties of the tipped employee and generally
assigned to the tipped employees.
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.03); ss by
#11070, eff 4-11-16
Lab 803.03 Notification and
Records.
(a)
Every employer shall at the time of hiring and prior to any changes
notify his or her employees in writing as to the rate of pay or salary, whether
by daily, weekly, biweekly, semi-monthly, or yearly, or by commissions, as well
as the day and place of payment and the specific methods used to determine
wages due pursuant to RSA 275: 49.
(b)
Every employer shall provide his or her employees with a written or
posted detailed description of employment practices and policies as they
pertain to paid vacations, holidays, sick leave, bonuses, severance pay,
personal days, payment of the employee’s expenses, pension, and all other
fringe benefits per RSA 275: 49.
(c)
Pursuant to RSA 275:49, every employer shall inform his or her employees
in writing of any change to such employees rate of
pay, salary, or employment practices or policies as referred to in Lab 803.03
(a) and (b) prior to the effective date of such change.
(d)
Pursuant to RSA 275:49, any vacation pay,
holiday pay, sick pay, bonus pay, personal day pay, employee expenses, and all
other fringe benefits earned, accrued, or vested prior to any change shall not
lapse due to the change.
(e)
Pursuant to RSA 275:49, IV, every employer shall make available to his
or her employees in a written statement information regarding the deductions
allowed in RSA 275:48.
(f)
Pursuant to RSA 279:27 and RSA 275:49, VI, relative to record keeping
requirements, every employer shall:
(1) Record payroll information so that time
records, showing the time work began and ended including any bonafide meal
periods, shall support individual pay sheets and that payroll sheets, in turn,
shall support canceled checks or cash receipts;
(2) Require that time records with entries that
are altered shall be signed or initialed by the employee whose record was
altered;
(3) Not make use of automated time keeping devices
or software programs that can be altered by an employer without the knowledge
of the employee, or that do not clearly indicate that a change was made to the
record;
(4) Make such good records as shall show the
exact basis of remuneration of an employee's compensation;
(5) Make any such records available if requested,
to show other than an employer-employee relationship; and
(6) Maintain on file a signed copy of the written
notifications, signed by the employee and provided to
each employee as required by Lab 803.03 (a), (b), and (c) above.
(g)
Pursuant to RSA 279:27 and RSA 275:49, VI, every employer shall keep a
record of hours worked by all of its employees except
for employees who are exempt under 29 U.S.C. section 213 (a) of the Fair Labor
Standards Act. Said records shall be preserved and stored for a period of no
less than 3 years.
(h) RSA 275:43-a shall not apply to
employees who report to work and then request to leave on the
basis of illness, personal or family emergency provided that a written
explanation, initialed by the employee is entered on the employee's time slip
or card.
(i) RSA 275:43-a
shall not apply to employees who are hired for positions with duties that
consistently require that they will work less than 2 hours per work day and report to work with the understanding that they
will work less than 2 hours per work
day, provided that the employees are notified in writing, upon hire.
(j)
RSA 275:43-a shall not apply to health care employees of community-based
outreach services providers who voluntarily make schedule changes to meet the
needs of the physically or mentally infirm clients they serve and who sign a
statement upon hire stating that they understand this job requirement.
Source. #2515, eff 10-25-83;
ss by #4017, eff 3-21-86; EXPIRED: 3-21-92
New. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.04); ss by
#11070, eff 4-11-16; ss by #13000, eff 3-5-20
Lab 803.04 Hours Worked. For the purpose of determining
"all wages due" for hours worked in accordance with RSA 275:43, I,
the department of labor, under the authority provided by RSA 275:54,
incorporates the "Wage and Hour Publication 1312, Title 29 Part 785 of the
Code of Federal Regulations, United States Department of Labor ",
reprinted May 2011 as specified in Appendix II.
Source. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.05); ss by
#11070, eff 4-11-16
Lab 803.05 Exemption. The term "employee" as it applies
to RSA 275:42, II and RSA 279:1, X shall not apply to the following:
(a)
Bonafide volunteers:
(1) When such volunteers are performing work for
public, charitable, or religious facilities and where such volunteer duties do
not necessarily or traditionally lead to paid employment; or
(2) When such activities are exempt under 29 CFR
553:100-106, WH Publication 1297 "Employment Relationship” of the Fair
Labor Standards Act;
(b)
Inmates of a county or state correctional facility
under RSA 651 who are required to work and perform services for which no
significant remuneration is provided;
(c)
An individual performing community service work under a court order or
the provisions of a court diversion program;
(d)
An applicant for employment who is filling out paperwork, participating
in pre-screening examinations or interviews;
(e)
A student participating in a non-paid work based activity approved by
the New Hampshire department of labor in accordance with Lab 805;
(f)
An operator of a booth located within a salon or barbershop who operates
independently of the salon or barbershop and who possesses a shop license as required
by RSA 313-A: 17; and
(g)
Elected public officials, of counties or municipalities.
Source. #5491, eff 10-20-92,
EXPIRED: 10-20-98
New. #7007, eff 5-26-99;
ss by #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.06); ss by
#11070, eff 4-11-16; ss by #13000, eff 3-5-20
PART
Lab 804 APPLICATION PROCEDURE FOR
APPROVAL OF SUB-MINIMUM WAGE RATE IN ACCORDANCE WITH RSA 279:22 - RESERVED
Lab 804.01 – 804.05
Source. #6995, eff 5-7-99,
EXPIRED: 5-7-07
New. #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07
PART Lab 805 APPLICATION PROCEDURE FOR APPROVAL OF
SUB-MINIMUM WAGE OR NO WAGE RATE IN ACCORDANCE WITH RSA 279:22-aa.
Lab 805.01 Purpose. A requirement for special authorization for a
sub-minimum wage rate or no rate for students or adults with disabilities working
for practical experience was created.
These rules are intended to carry out the intent of RSA 279:22-aa by
establishing a procedure for applicants and for approval by the commissioner.
Source. #6996, eff 5-7-99,
EXPIRED: 5-7-07
New.
#8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab 805.02 Application for Approval of Sub-Minimum
Wage Rate or No Rate.
(a)
The employer’s establishment, proper school or post-secondary
organization or rehabilitation facility’s representative shall apply to the
commissioner for a sub-minimum wage rate for high school or post-secondary
students or adults with disabilities working for practical experience prior to
placement of any student or adults with disabilities with an employer’s
establishment.
(b)
The employers establishment, a proper school,
post-secondary organization or rehabilitation facility’s representative
applying for a sub-minimum rate or no rate for a high school or post-secondary
school student shall provide the following on the "approval form for
sub-minimum wage or no rate wage work based activities under RSA
279:22-aa":
(1) Name and address of the school, post-secondary
organization, or rehabilitation facility;
(2) Whether the institution is secondary,
post-secondary or other;
(3) Indication of whether there is no rate wage,
or a subminimum rate offered;
(4) If the applicant is disabled, a selection of one
of the following types of agencies providing the service:
a. Vocational Rehabilitation (VR);
b. Area Agency (AA); and
c. Community Mental
(5) The contact person, position title, telephone
number, email address, and fax number;
(6) Type of placement, whether:
a. Job shadowing;
b. Clinical;
c. Work experience;
d. Internship;
e. Service learning;
f.
g. Situational assessment;
h. Job training program; or
i. Other.
(7) The career interest or program name;
(8) Description of the objectives;
(9) Whether credit (direct or indirect) for
graduation is given for this program;
(10) The number of hours per day, days per week and
total of days at each work site;
(11) How the student will be supervised;
(12) If applicable, a description of any hazardous
equipment involved;
(13) The authorized signature of the person at the
institution or participating establishment and the position title; and
(14) A statement that participating learning establishment
work sites must be preapproved by the department of labor.
Source. #6996, eff 5-7-99,
EXPIRED: 5-7-07
New. #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab 805.03 Application Evaluated.
(a)
The information submitted pursuant to Lab 805.02(b) (1) through (14)
shall be evaluated by the department of labor as set forth in this section.
(b)
The department shall first verify compliance with Lab 805.02(b) (1)
through (14).
(c)
Information required by Lab 805.02(b) (1) through (14) which is
incomplete or does not result in an immediate rejection shall be evaluated as
follows:
(1) If the hours
in Lab 805.02(b) (10) above are not limited to those stipulated in RSA 276-A,
the New Hampshire Youth Employment Law the application shall be rejected;
(2) If the training, even though it includes
actual operation of the facilities of the establishment, is not connected to training
and/or instruction given in the classroom the application shall be rejected;
and
(3) If the application does not reflect specific
goals and objectives of the program the application shall be rejected.
Source. #6996, eff 5-7-99,
EXPIRED: 5-7-07
New. #8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab 805.04 Prescreening Work-Site Approval.
(a)
The participating learning establishment work sites must be preapproved
by the department of labor. The following information shall be provided:
(1) Name of school, post-secondary organization or rehabilitation facility;
(2) The contact
person from the school, post-secondary organization or
rehabilitation facility;
(3) Telephone
number, fax number, and email of the contact person named above;
(4) Business name;
(5) Federal ID number of the work site;
(6) Address of the work site;
(7) The total number of employees employed in
(8) Contact name of the work site; and
(9) Telephone number of the work site.
(b)
Information provided pursuant to Lab 805.04 above shall be evaluated as
follows:
(1) The department shall verify the business’s
identity;
(2) If applicable, the department shall verify
the business has workers’compensation coverage;
(3) If applicable, the department shall verify
the history of compliance with RSA 276-A, the New Hampshire Youth Employment
Law, RSA 275, the New Hampshire Protective Legislation Law and RSA 279, the New
Hampshire Minimum Wage Law;
(4) If applicable, the department shall verify if
the establishment has a safety program; and
(5) If applicable, the department shall verify if
the establishment has a "safety summary form," as described in Lab
602.02, on file with the department.
Source. #6996, eff 5-7-99,
EXPIRED: 5-7-07
New.
#8879, INTERIM, eff
5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16
Lab
805.05 Approval or Rejection.
(a) Under
RSA 279:22-aa, the participating employer shall be given approval by the commissioner
or commissioner’s designee for students or adults with
disabilities to work in the employer’s establishment for practical experience
at a sub-minimum wage rate or no wages provided the following criteria are met:
(1) If no employment relationship exists, the
employer shall submit a written detailed description of the program proposed
under RSA 279:22-aa;
(2) If an employment relationship exists or
develops between the participating parties, the employer shall submit to the commissioner
or commissioner’s designee a written detailed description of the program
proposed under RSA 279:22-aa that clearly defines, in writing, the differences
in the roles:
a. Within the program details, provide a list or
description of the responsibilities of the existing employment relationship and
the responsibilities of the RSA 279:22-aa position; and
b. Within the program details, explain how the
roles differ with assurances that any work performed by the employee within the
scope of the employment relationship will be properly compensated.
(3) Pursuant
to RSA 279:22-aa, the participants shall not displace
regular employees but work under their close observation;
(4) Safety
training in accordance with RSA 281-A shall be provided and be specific to the
activities if such activities are classified as hazardous consistent with RSA
276-A: 4, I and Lab 1003; and
(5) The
employer shall not be in violation of any New Hampshire labor laws.
(b) Notwithstanding
the criteria in (a) above, the proposal shall be rejected by the commissioner
or commissioner’s designee for reasons that
include, but are not limited to, potential harm to participants, an unsafe
location, or a determination that the proposal contains no educational
component. If the employer’s location is rejected by the department, the
department shall notify the applicant of the reason for the
rejection and the applicant shall inform the employer.
(c) Upon
approval, the department shall return the signed "approval form for
sub-minimum wage or no rate wage work based
activities" to the applicant and the applicant shall provide each
participating work site with a copy of the
form for their file.
Source.
#11070, eff
4-11-16 (from Lab 804.05); ss by #13818, eff 12-9-23
Appendix I
Rule |
State Statute
Implemented |
Lab
801.01 |
RSA
279: 21, VIII |
Lab
802.01 |
RSA
279:21, VIII (a) |
Lab
802.02 |
RSA
279: 21, VIII |
Lab
802.03 |
RSA
275: 43,: 54 & 279:1, 279:21& 279:22-aa |
Lab
802.04 |
RSA
275: 42, I & 279:21, I |
Lab
802.05 |
RSA
279: 21, VIII |
Lab
802.06 |
RSA
275: 42, I & 279: 21, I |
Lab
802.07 |
RSA
279: 21, I |
Lab
802.08 |
RSA
275: 56 |
Lab
802.09 |
RSA
279: 21 |
Lab
802.10 |
RSA
279: 21, VIII (a) |
Lab
802.11 |
RSA
279: 1, X & 275: 42, :48, :49, IX |
Lab
802.12 |
RSA
275: 48 |
Lab
802.13 |
RSA
279:21 |
Lab
803.01 (a) & (b) |
RSA
275: 43, I & II |
Lab
803.01 (c) & (d) |
RSA
275: 43, II |
Lab
803.01 (e) & (f) |
RSA
275: 44, I & II |
Lab
803.01 (g) |
RSA
279: 27 & 275: 49, I, II,VI & :50 |
Lab
803.02 (a) |
RSA
279: 21, I |
Lab
803.02 (b) |
RSA
275: 48, I |
Lab
803.02 (c) & (d) |
RSA
275: 43-b, I |
Lab
803.02 (e) |
RSA
275: 48, I & V (b) |
Lab
803.02 (f) |
RSA
275: 48, I & RSA 279: 26-a |
Lab
803.03 (a) – (d) |
RSA
275: 49 |
Lab
803.03 (e) |
RSA
275: 48 & :49 |
Lab
803.03 (f) & (g) |
RSA
279: 27, 275: 48, I & :49, VI |
Lab
803.03 (h) – (j) |
RSA
275: 43-a |
Lab
803.04 |
RSA
275: 43, I & :54 |
Lab
803.05 |
RSA
275:42, I & 279:1, X |
Lab
804 (Reserved) |
|
Lab 805.05 |
RSA 279:22-aa, I
& II |
Appendix II
Rule Lab
803.04 |
Title WAGE AND HOUR
PUBLICATION 1312 TITLE 29 PART
785 OF THE CODE OF FEDERAL REGULATIONS UNITED STATES
DEPARTMENT OF LABOR (Reprinted May
2011) |
Obtain at: NO COST NEW HAMPSHIRE
DEPARTMENT OF LABOR 95 PLEASANT
STREET OR by calling: (603) 271-3176 OR THE WORLDWIDE
WEB AT: http://www.nh.gov/labor/documents/cfr-hours-worked.pdf Also, contact
the US Department of Labor Wage & Hour
Division Toll-free
1-866-487-9243 |