reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:13 - Strikes Prohibited.

273-A:13 Strikes Prohibited. –
Strikes and other forms of job action by public employees are hereby declared to be unlawful. A public employer shall be entitled to petition the superior court for a temporary restraining order, pending a final order of the board under RSA 273-A:6 for a strike or other form of job action in violation of the provisions of this chapter, and may be awarded costs and reasonable legal fees at the discretion of the court.
Source.
1975, 490:2, eff. Aug. 23, 1975.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:14 - Appeals.

273-A:14 Appeals. –
Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541.
Source.
1975, 490:2, eff. Aug. 23, 1975.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:15 - Actions by or Against Public Employee Organizations.

273-A:15 Actions by or Against Public Employee Organizations. –
Actions by or against the exclusive representative of a bargaining unit may be brought, without respect to the amount of damages, in the superior court of the county in which it is principally located, or where the plaintiff resides or has its principal place of business, if the plaintiff is a resident of this state or is incorporated in this state.
Source.
1975, 490:2, eff. Aug. 23, 1975.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:16 - Records and Reports.

273-A:16 Records and Reports. –
I. A copy of all agreements reached as a result of collective bargaining under this chapter shall be filed with the board by the parties within 14 days after execution of said agreement.
II. Except as provided in paragraph IV, all documents and records of the board shall be public records and shall be kept for a minimum of 10 years.
III. The board shall biennially submit a report of its activities to the governor and council.
IV. In adjudicatory hearings conducted by the board, the board's deliberative processes shall be privileged and exempt from the public disclosure provisions of RSA 91-A. Decisions and orders in these adjudicatory hearings, including any prehearing orders required by RSA 541-A:31, V(d), shall be publicly available, but only after they have been reduced to writing, signed by a representative of the board, and served upon the parties.
V. Within 14 days after a legislative body votes on a collective bargaining agreement or a fact finding report, the result of such vote shall be reported by the public employer to the board, which shall maintain a record of such information and provide an annual summary report to the speaker of the house of representatives and the senate president.
Source.
1975, 490:2. 1979, 374:10. 2005, 278:2, 3, eff. Sept. 20, 2005. 2013, 36:2, eff. June 4, 2013.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-A - Public Employee Labor Relations › Section 273-A:17 - Gifts, Grants, or Donations.

273-A:17 Gifts, Grants, or Donations. –
The board is authorized to receive any gifts, grants, or donations and to disburse and expend such gifts, grants, and donations.
Source.
1994, 356:4, eff. July 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:1 - Statement of Purpose.

273-C:1 Statement of Purpose. –
I. The National Labor Relations Board has declined to exercise jurisdiction over employers who are licensed to operate race tracks. The general court hereby declares that employees of such employers and those employers should have the right to appear before the public employee labor relations board established under RSA 273-A:2 for the purposes set forth under this chapter.
II. The general court hereby confers jurisdiction to the board over such employers and employees for the sole and express purposes set forth in this chapter and the board's powers shall be limited solely and exclusively to the provisions of this chapter.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:2 - Definitions.

273-C:2 Definitions. –
In this chapter:
I. "Board" means the public employee labor relations board established under RSA 273-A:2.
II. "Employee" means any person employed by an employer, as defined in RSA 273-C:2, IV, except persons in a probationary or temporary status, or employed irregularly or on call. For the purposes of this chapter, however, no employee shall be determined to be in a probationary status who shall have been employed for more than 12 months or who has an individual contract with his employer.
III. "Employee organization" means any organization certified as the exclusive representative of a bargaining unit by the board under this chapter.
IV. "Employer" means an employing unit which is engaged in dog or horse racing, or both, and is licensed to operate a race track under RSA 284 and which, in the current calendar year, has or had employees.
V. "Professional employee" means any employee engaged in work predominantly intellectual and varied in character, involving the consistent exercise of discretion and judgment, and requiring knowledge in a discipline customarily acquired in a formal program of advanced study.
VI. "Terms and conditions of employment" means wages, hours and other conditions of employment, other than managerial policy within the exclusive prerogative of the employer. The phrase "managerial policy within the exclusive prerogative of the employer" shall be construed to include, but shall not be limited to, the function, programs, operations, and methods of the employer and its business, including the use of the technology, the organizational structure of the employer, the scheduling of racing days, events, and racing seasons, the selection, direction and number of its personnel, including employees, and other matters of management imposed upon or delegated to the employer by statute or rule, including without limitation, RSA 284, as it may be amended and the rules of the lottery commission, in order to continue control of the race track and its business by the employer.
Source.
1990, 214:1. 2008, 25:1, eff. July 11, 2008. 2015, 276:127, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:3 - Jurisdiction.

273-C:3 Jurisdiction. –
The board shall have jurisdiction, subject to the provisions of this chapter, over employers and employees as defined in RSA 273-C:2, who, but for an express declination by the federal National Labor Relations Board to exercise jurisdiction, would be regulated by that federal board.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:4 - Obligation to Bargain.

273-C:4 Obligation to Bargain. –
It is the obligation of the employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith. "Good faith" negotiation involves meeting at reasonable times and places in an effort to reach agreement on the terms of employment, but the obligation to negotiate in good faith shall not compel either party to agree to a proposal or to make a concession.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:5 - Grievance Procedures.

273-C:5 Grievance Procedures. –
Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:6 - Unfair Labor Practices Prohibited.

273-C:6 Unfair Labor Practices Prohibited. –
I. It shall be a prohibited practice for any employer:
(a) To restrain, coerce or otherwise interfere with its employees in the exercise of the rights conferred by this chapter.
(b) To dominate or to interfere in the formation or administration of any employee organization.
(c) To discriminate in the hiring or tenure, or the terms and conditions of employment of its employees for the purpose of encouraging or discouraging membership in any employee organization.
(d) To discharge or otherwise discriminate against any employee because he has filed a complaint, affidavit or petition, or given information or testimony under this chapter.
(e) To refuse to negotiate in good faith with the exclusive representative of a bargaining unit.
(f) To invoke a lockout during the term of the existing agreement.
(g) To fail to comply with this chapter or any rule adopted under this chapter.
(h) To breach a collective bargaining agreement.
II. It shall be a prohibited practice for the exclusive representative of any employee:
(a) To restrain, coerce or otherwise interfere with employees in the exercise of their rights under this chapter.
(b) To restrain, coerce or otherwise interfere with employers in their selection of agents to represent them in collective bargaining negotiations or the settlement of grievances.
(c) To cause or attempt to cause an employer to discriminate against an employee in violation of RSA 273-C:6, I(c), or to discriminate against any employee whose membership in an employee organization has been denied or terminated for reasons other than failure to pay membership dues.
(d) To refuse to negotiate in good faith with the employer.
(e) To engage in a strike or other form of job action during the term of the existing agreement.
(f) To breach a collective bargaining agreement.
(g) To fail to comply with this chapter or any rule adopted hereunder.
III. This section shall apply only to prohibited practices which occur or arise on or after the effective date of this section.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:7 - Violations.

273-C:7 Violations. –
I. The board shall have primary and exclusive jurisdiction of all violations of RSA 273-C:6.
II. Complaints shall be filed by affidavit. A copy of the complaint shall be given to the party complained against at the time the complaint is filed. The board shall hold a hearing within 45 days under rules adopted by the board pursuant to RSA 541-A and shall give 5 working days' notice of the hearing by certified mail to all persons required to appear and to the representative of a party against whom a complaint has been filed.
III. The board may issue a cease and desist order if it deems one necessary in the public interest, pending the hearing.
IV. The board shall have the power to compel the attendance of witnesses and the production of documents by the issuance of subpoenas, and to take testimony under oath, as provided in RSA 516, and may delegate such powers to any persons it may appoint.
V. Both parties shall have the right to be represented by counsel.
VI. The board shall render its decision within 45 days after the hearing, in accordance with rules adopted by the board pursuant to RSA 541-A. Upon finding that a party has violated RSA 273-C:6, the board may (a) issue a cease and desist order; (b) order reinstatement of an employee with back pay; (c) require periodic reporting of compliance; (d) order payment of the costs incurred by a party negotiating in good faith in negotiations found by the board to have been carried on not in good faith by the other party, if the board finds such penalty appropriate to the circumstances; or (e) order such other relief as the board may deem necessary, but in no event shall the board have the authority to void an existing collective bargaining agreement.
VII. The board shall summarily dismiss any complaint of an alleged violation of RSA 273-C:6 which occurred more than 180 days prior to the filing of the complaint with the board.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:8 - Injunctions.

273-C:8 Injunctions. –
The board shall petition the superior court for the county in which the party sought to be enjoined is principally located for such order of the court as may be necessary to compel obedience to an order of the board and the superior court shall issue its order upon satisfying itself that:
I. The order of the board was within its jurisdiction to issue; and
II. There is substantial evidence on the record considered as a whole to support the finding of the board.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:9 - Determining Bargaining Unit.

273-C:9 Determining Bargaining Unit. –
I. The board or its designee shall determine the appropriate bargaining unit and shall certify the exclusive representative thereof when petitioned to do so under RSA 273-C:10. In making its determination the board should take into consideration the principle of community of interest. The community of interest may be exhibited by one or more of the following criteria, although it is not limited to such:
(a) Employees with the same conditions of employment.
(b) Employees with a history of workable and acceptable collective negotiations.
(c) Employees in the same historic craft or profession.
(d) Employees functioning within the same organizational unit.
II. The board may certify a bargaining unit composed of professional and non-professional employees only if both the professional and non-professional employees, voting separately, vote to join the proposed bargaining unit. Persons exercising supervisory authority involving the significant exercise of discretion may not belong to the same bargaining unit as the employees they supervise.
III. In the event the bargaining unit is determined by the board's designee, the decision may be appealed to the board for final determination.
IV. The bargaining unit or units in effect for employees as of the effective date of this section shall be deemed to be the bargaining unit or bargaining units determined by the board. The exclusive representative of the bargaining unit or bargaining units in effect on the effective date of this section shall be deemed certified by the board.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:11 - Representation Rights of the Bargaining Unit.

273-C:11 Representation Rights of the Bargaining Unit. –
I. Employers shall extend the following rights to the exclusive representative of a bargaining unit certified under RSA 273-C:10 or as set forth in RSA 273-C:9, IV:
(a) The right to represent employees in collective bargaining negotiations and in the settlement of grievances. An individual employee may present an oral grievance to his employer without the intervention of the exclusive representative. Until the grievance is reduced to writing, the exclusive representative shall be excluded from a hearing if the employee so requests; but any resolution of the grievance shall not be inconsistent with the terms of an existing agreement between the parties.
(b) The right to represent the bargaining unit exclusively and without challenge during the term of the collective bargaining agreement. Notwithstanding the foregoing, an election may be held not more than 180 nor less than 120 days prior to the date on which the term of the collective bargaining agreement expires.
II. A reasonable number of employees who act as representatives of the bargaining unit shall be given a reasonable opportunity to meet with the employer or his representatives during working hours without loss of compensation or benefits.
III. The exclusive representative of a bargaining unit acting as such on the effective date of this section shall be deemed certified by the board in accordance with RSA 273-C:9, IV and shall have all the rights established in RSA 273-C:11, I.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:12 - Rulemaking; Conduct of Studies.

273-C:12 Rulemaking;  Conduct of Studies. –
The board may adopt rules, under RSA 541-A, relative to carrying out the provisions of this chapter and may conduct such studies as may be necessary to carry out the provisions of this chapter.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:13 - Appeals.

273-C:13 Appeals. –
Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 273-C - Dog and Horse Racing Employees › Section 273-C:14 - Records and Reports.

273-C:14 Records and Reports. –
I. A copy of all agreements reached as a result of collective bargaining under this chapter shall be filed with the board by the parties within 14 days after execution of such an agreement.
II. All documents and records of the board shall be public records and shall be kept for a minimum of 10 years.
Source.
1990, 214:1, eff. July 31, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 274 - Employment Offices › Section 274:1 - Unlicensed.

274:1 Unlicensed. –
Whoever, without a license therefor, establishes or keeps an intelligence office for the purpose of obtaining or giving information concerning places of employment for servants or other laborers, or for the purpose of procuring or giving information concerning such persons for or to employers, or for the purpose of procuring or giving information concerning employment in business, shall be fined $10 for each day such office is so kept.
Source.
1901, 60:1. PL 179:1. RL 217:1.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 274 - Employment Offices › Section 274:2 - Power to License.

274:2 Power to License. –
The mayor and aldermen of a city or the selectmen of a town may, for the purposes mentioned in the preceding section, grant licenses to suitable persons, subject to the provisions hereof, and may revoke the same at pleasure.
Source.
1901, 60:2. PL 179:2. RL 217:2.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 274 - Employment Offices › Section 274:3 - Licenses.

274:3 Licenses. –
Licenses granted to keepers of intelligence offices shall be signed by the clerk of the city or town in which they are granted, and every such license shall be recorded by him in a book kept for that purpose, before being delivered to the licensee. Such license shall set forth the name of the person licensed, the nature of the business and the building or place in which it is to be carried on, and shall continue in force until May first next ensuing, unless sooner revoked.
Source.
1901, 60:3. PL 179:3. RL 217:3.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 274 - Employment Offices › Section 274:4 - Fee.

274:4 Fee. –
The board issuing such a license shall receive for the use of the city or town for each license such sum, not less than $2, as the board shall deem reasonable.
Source.
1901, 60:4. PL 179:4. RL 217:4.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 274 - Employment Offices › Section 274:5 - Effect.

274:5 Effect. –
No license issued as aforesaid shall be valid to protect the holder thereof in a building or place other than that designated in the license, unless consent to removal is granted by the mayor and aldermen or selectmen.
Source.
1901, 60:6. PL 179:5. RL 217:5.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 274 - Employment Offices › Section 274:6 - Revocation.

274:6 Revocation. –
When such license is revoked, such clerk shall note the revocation upon the face of the record of the license, and shall give written notice to the holder thereof by delivering the same to him in person or leaving it at the place of business designated in the license.
Source.
1901, 60:7. PL 179:6. RL 217:6.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:1 - Union Membership.

275:1 Union Membership. –
No person shall coerce or compel, or attempt to coerce or compel, any person into an agreement, either written or verbal, not to join or become a member of any labor organization, as a condition of securing or continuing in any employment.
Source.
1913, 208:1. PL 176:29. RL 212:21. 1947, 195:1 par. 21. 1949, 57:1, eff. Mar. 11, 1949.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:2 - Penalty.

275:2 Penalty. –
Whoever violates any provision of RSA 275:1 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1913, 208:2. PL 176:30. RL 212:22. RSA 275:2. 1973, 528:162, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:3 - Payment for Medical Examination or Records Furnished.

275:3 Payment for Medical Examination or Records Furnished. –
It shall be unlawful for any employer, as defined in RSA 275:4, to require any employee or applicant for employment to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment.
Source.
1951, 125:1, eff. May 29, 1951.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:4 - Definition of Terms.

275:4 Definition of Terms. –
I. The term "employer" as used in the preceding section shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating within the state. A franchisor is only an employer if the franchisor agrees in writing to assume the role of employer or co-employer of the franchisee or the employee of the franchisee.
I-a. For the purposes of this section, "franchisee" and "franchisor" have the same meanings as in section 436.1 of title 16 of the Code of Federal Regulations.
II. In this subdivision, "employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VI(b)(2), (3), or (4), or RSA 281-A:2, VII(b), or a person providing services as part of a residential placement for individuals with developmental, acquired, or emotional disabilities, or any person who meets all of the following criteria:
(a) The person possesses or has applied for a federal employer identification number or social security number, or in the alternative, has agreed in writing to carry out the responsibilities imposed on employers under this chapter.
(b) The person has control and discretion over the means and manner of performance of the work, in that the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the employer.
(c) The person has control over the time when the work is performed, and the time of performance is not dictated by the employer. However, this shall not prohibit the employer from reaching an agreement with the person as to completion schedule, range of work hours, and maximum number of work hours to be provided by the person, and in the case of entertainment, the time such entertainment is to be presented.
(d) The person hires and pays the person's assistants, if any, and to the extent such assistants are employees, supervises the details of the assistants' work.
(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.
(f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.
(g) The person is not required to work exclusively for the employer.
Source.
1951, 125:2. 1999, 279:1. 2007, 362:2, eff. Jan. 1, 2008. 2012, 139:1, eff. Aug. 6, 2012. 2017, 255:1, eff. July 18, 2017.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:5 - Penalty.

275:5 Penalty. –
Any employer who violates the provisions of RSA 275:3 or RSA 275:4 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. It shall be the duty of the labor commissioner to enforce the provisions hereof.
Source.
1951, 125:3. RSA 275:5. 1957, 187:15. 1973, 530:42, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:10 - Advances to Laborers.

275:10 Advances to Laborers. –
Whoever enters into an agreement to labor for another in any lumbering operation or in driving logs, and in consideration thereof receives any advance of goods, money or transportation, and without cause fails to enter into said employment as agreed and labor for a sufficient length of time to reimburse his employer for said advances and expenses of transportation, shall be guilty of a misdemeanor.
Source.
1917, 3:1. PL 176:35. RL 212:27. RSA 275:10. 1973, 528:164, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:11 - Labor Trouble, Soliciting Help.

275:11 Labor Trouble, Soliciting Help. –
If any employer, during the continuance of a strike, lockout or other labor trouble among his employees publicly advertises in newspapers, or by posters or otherwise, for employees, or by himself or his agents solicits persons to work for him to fill the places of strikers, he shall plainly and explicitly state, in such advertisements or oral or written solicitations, that a strike, lockout or other labor disturbance exists. If a strike exists, the employer shall in the advertisement plainly and explicitly state that a "strike" exists.
Source.
1913, 212:1. 1917, 99:1. PL 176:36. RL 212:28. RSA 275:11. 1992, 199:1, eff. Jan. 1, 1993.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:12 - Form of Advertisement.

275:12 Form of Advertisement. –
No person shall knowingly publish or circulate any advertisement for employees which does not comply with the foregoing provisions.
Source.
1913, 212:1. 1917, 99:1. PL 176:37. RL 212:29.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:13 - Termination of Labor Trouble.

275:13 Termination of Labor Trouble. –
The provisions of the 2 preceding sections shall cease to be operative when the state board of arbitration shall determine that the business of the employer, in respect to which the strike or other labor trouble occurred, is being carried on in the normal and usual manner, and to the normal and usual extent. Said board shall determine this question as soon as may be, upon the application of the employer.
Source.
1913, 212:2. PL 176:38. RL 212:30.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:14 - Penalty.

275:14 Penalty. –
If any person shall violate any provision of RSA 275:11 or 12, or shall authorize or permit such violation, he shall be guilty of a misdemeanor.
Source.
1913, 212:3. 1917, 99:2. 1923, 92:1. PL 176:39. RL 212:31. RSA 275:14. 1973, 528:165, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:15 - to 275:27 Repealed by 1989, 53:2, eff. June 18, 1989.

275:15 to 275:27 Repealed by 1989, 53:2, eff. June 18, 1989. –
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:28 - Holidays.

275:28 Holidays. –
No employee shall be required to work in any mill or factory on any legal holiday, except to perform such work as is both absolutely necessary and can lawfully be performed on the Lord's Day.
Source.
1913, 188:1. PL 176:40. RL 212:32.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:29 - Penalty.

275:29 Penalty. –
Whoever violates RSA 275:28 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1913, 188:2. PL 176:41. RL 212:33. RSA 275:29. 1973, 529:54, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:30 - Day's Work Defined.

275:30 Day's Work Defined. –
In all contracts relating to labor, 8 hours' actual labor shall be taken to be a day's work unless otherwise agreed by the parties. This provision shall not apply to classes of labor for which the law provides day limits.
Source.
1929, 93:1. RL 212:34. RSA 275:30. 1971, 271:1, eff. Aug. 22, 1971.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:30-a - Lunch or Eating Period.

275:30-a Lunch or Eating Period. –
An employer may not require an employee to work more than 5 consecutive hours without granting him a
1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.
Source.
1975, 298:1, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:31 - Making Up Time.

275:31 Making Up Time. –
No person shall require or request any employee engaged in any occupation to work more hours in any one day than is limited by law, in order to make up lost time by reason of a legal holiday.
Source.
1933, 130:1. RL 212:35. 1951, 225:1 par. 35, eff. Aug. 29, 1951.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:32 - Sunday Work.

275:32 Sunday Work. –
Whoever requires an employee engaged in any occupation to do on Sunday the usual work of his occupation, unless he is allowed during the 6 days next ensuing 24 consecutive hours without labor, shall be fined not more than $50; provided that this section and the following section shall not be construed as allowing any work on Sunday not otherwise authorized by law.
Source.
1933, 130:1. RL 212:36. 1951, 225:1 par. 36, eff. Aug. 29, 1951.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:33 - Day of Rest.

275:33 Day of Rest. –
No employer shall operate any such business on Sunday unless he or she has posted and made available to employees a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each. No employee shall be required to work on the day of rest designated for him or her.
Source.
1933, 130:1. RL 212:37. 1951, 225:1 par. 37. RSA 275:33. 1957, 187:15, eff. July 1, 1957. 2018, 312:2, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:33-b - Special Agreement.

275:33-b Special Agreement. –
Employers may be exempt from RSA 275:32 and 33 where mutual agreements are reached between employer and employees, after approval of the labor commissioner where it appears for the best interests of all parties concerned.
Source.
1963, 237:2, eff. Aug. 31, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:34 - Applications of Provisions.

275:34 Applications of Provisions. –
RSA 275:32 and 33 shall not apply to establishments used for the manufacture or distribution of gas, electricity, milk or water, nor to the transportation, sale, or delivery of food.
Source.
1933, 130:1. RL 212:38. 1951, 225:1 par. 38, eff. Aug. 29, 1951.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:35 - Exceptions.

275:35 Exceptions. –
RSA 275:32 and 33 shall not apply to the following employees:
I. Janitors, watchmen, firemen employed at stationary plants, or caretakers.
II. Employees whose duties on Sunday include only setting sponges in bakeries; caring for live animals or caring for machinery and plant equipment.
III. Employees engaged in the preparation, printing, publication, sale or delivery of newspapers, or periodicals with definite on-sale newsstand dates.
IV. Employees engaged in farm or personal service.
V. Employees engaged in any labor called for by an emergency which could not reasonably have been anticipated.
VI. Employees engaged in the canning of perishable goods.
VII. Employees engaged in any work connected with retail stores in resort areas; cabins and inns; and in theatres, motion picture houses, hotels and restaurants.
VIII. Employees of telegraph and telephone offices.
IX. Employees of a recreation camp or a youth skill camp licensed pursuant to RSA 170-E:56.
Source.
1933, 130:1. 1937, 129:1. 1939, 70:1; 181:1. RL 212:39. 1951, 225:1 par. 39, eff. Aug. 29, 1951. 2018, 131:1, eff. July 29, 2018. 2019, 346:138, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:36 - Definitions.

275:36 Definitions. –
"Employee" as used in this subdivision shall mean any person employed for hire by an employer in any lawful employment, but shall not include persons engaged in domestic service in the home of the employer, or in agricultural service, or in temporary or seasonal employment, or employees of any social club, fraternal, charitable, educational, religious, scientific or literary association, no part of the net earnings of which inures to the benefit of any private individual.
"Employer" shall include any person acting in the interest of an employer directly or indirectly.
"Employment" means any employment under contract of hire, expressed or implied, written or oral, including all contracts entered into by helpers and assistants of employees, whether paid by employer or employee, if employed with the knowledge, actual or constructive, of the employer in which all or the greater part of the work is to be performed within the state.
Source.
1947, 193:1, eff. July 1, 1947.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:37 - Equal Pay.

275:37 Equal Pay. –
I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions, except where such payment is made pursuant to:
(a) A seniority system;
(b) A merit or performance-based system;
(c) A system which measures earnings by quantity or quality of production;
(d) Expertise;
(e) Shift differentials;
(f) A demonstrable factor other than sex, such as education, training, or experience.
II. An employer who is paying wages in violation of this section shall not reduce the wage rate of any other employee in order to comply with this section.
Source.
1947, 193:2. 2000, 133:1, eff. Jan. 1, 2001. 2014, 227:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:37-a - Discrimination on Basis of Using Tobacco Products Prohibited.

275:37-a Discrimination on Basis of Using Tobacco Products Prohibited. –
No employer shall require as a condition of employment that any employee or applicant for employment abstain from using tobacco products outside the course of employment, as long as the employee complies with any workplace policy, pursuant to RSA 155:51-53 and, when applicable, RSA 155:64-77.
Source.
1991, 274:2, eff. Jan. 1, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:37-b - Flexible Working Arrangement.

275:37-b Flexible Working Arrangement. –
No employer shall retaliate against any employee solely because the employee requests a flexible work schedule. Nothing in this section shall be construed to require any employer to accommodate a flexible work schedule. Nothing in this section shall be construed to create a cause of action for failure to provide a flexible work schedule at an employee's request.
Source.
2016, 182:1, eff. Sept. 1, 2016.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:37-d - Family and Medical Leave Insurance.

275:37-d Family and Medical Leave Insurance. –
If an employer has 50 or more employees and sponsors family and medical leave insurance pursuant to RSA 21-I:99, then any employee of that employer who takes family or medical leave and accesses wage replacement benefits under such family and medical leave insurance coverage shall be restored to the position she or he held prior to such leave or to an equivalent position by her or his employer consistent with the job restoration provisions of the federal Family and Medical Leave Act of 1993, Public Law 103-3, 29 U.S.C. section 2601 et seq. Such employers shall continue to provide health insurance to employees during the leave. However, employees shall remain responsible for any employee-shared costs associated with the health insurance benefits. Such employers shall not discriminate or retaliate against any employee for accessing family or medical leave wage replacement benefits. Employers of employees participating in the granite state paid family leave plan may require that paid leave taken under this program be taken concurrently or otherwise coordinated with leave allowed under the terms of a collective bargaining agreement or other established employer policy or the Family and Medical Leave Act, as applicable. In addition, the commissioner may adopt rules under RSA 541-A to facilitate administration and enforcement of this section.
Source.
2021, 91:467, eff. July 1, 2021. 2023, 79:93, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:38 - Enforcement.

275:38 Enforcement. –
The labor commissioner shall have the power and it shall be his or her duty to enforce the provisions of this subdivision through appropriate actions in response to complaints.
Source.
1947, 193:3, eff. July 1, 1947. 2014, 227:2, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:38-a - Non-Retaliation Provision.

275:38-a Non-Retaliation Provision. –
I. No employer shall discharge or in any other manner discriminate against any employee because he or she:
(a) Makes a charge, files any complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under or related to this subdivision, including an investigation conducted by the employer, or has testified or is planning to testify or has assisted or participated in any manner in any such investigation, proceeding, hearing, or action.
(b) Inquired about, discussed, or disclosed his or her wages or those of another employee.
II. This section shall not apply to any employee who has access to the wage information of other employees as a part of such employee's essential job functions who discloses the wages of such other employees to individuals who do not otherwise have access to such information, unless such disclosure is in response to a complaint or charge or in furtherance of an investigation, proceeding, hearing, or action under RSA 275:41-a including an investigation conducted by the employer. Nothing in this section shall be construed to limit the rights of an employee provided under any other provision of law.
Source.
2014, 227:3, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:39 - Liquidated Damages.

275:39 Liquidated Damages. –
An employer who violates the provisions of RSA 275:37 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. At the request of any employee paid less than the wage to which she is entitled under this subdivision, the labor commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the liquidated damages above provided for. The commissioner shall not be required to pay the entry fee, or other costs, in connection with such action. The commissioner shall have power to join various claimants against the employer in one cause of action.
Source.
1947, 193:4, eff. July 1, 1947.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:40 - Penalties.

275:40 Penalties. –
Any employer who violates the provisions of RSA 275:37, RSA 275:38-a, or RSA 275:41-b shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person, and notwithstanding RSA 651:2, IV(a), subject to a fine of not more than $2,500.
Source.
1947, 193:5. RSA 275:40. 1973, 528:167, eff. Oct. 31, 1973 at 11:59 p.m. 2014, 227:4, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:41 - Limitation of Actions.

275:41 Limitation of Actions. –
Any action to recover unpaid wages and liquidated damages based on violation of RSA 275:37, shall be commenced within 3 years of discovery of the violation. No action brought under this section shall include any violation that occurred more than 4 years prior to the commencement of such action.
Source.
1947, 193:6, eff. July 1, 1947. 2014, 227:8, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:41-a - Procedures for Hearings and Appeals.

275:41-a Procedures for Hearings and Appeals. –
In a claim under RSA 275:37, the commissioner shall notify the employer by serving a copy of such claim and an order to file with the commissioner within 30 days from the receipt of such notice any objections to such claim specifying the grounds therefor. Service may be by certified mail with return receipt. If objection is not made within 30 days, the commissioner may order that payment be made in accordance with the claim. If requested, a hearing shall be afforded at which time any party may appear, with counsel if desired, and present evidence and cross examine opposing witnesses. Any party, at the party's own expense, may cause a record to be made of the hearing. A written decision shall be made within 30 days after the hearing stating the decision and specifying the facts and conclusions upon which the decision is based. If wages are found to be due, an order for payment shall be issued. Any party aggrieved by the decision may appeal to the superior court not later than 20 days thereof by petition, setting forth that the decision is erroneous, in whole or in part, and specifying the grounds upon which the decision is claimed to be in error. Upon the filing of an appeal, the commissioner shall transfer to the court the record of the proceeding or a certified copy thereof. The scope of review by the superior court shall be limited to questions of law. After hearing and upon consideration of the record, the court may affirm, vacate, or modify in whole or in part the decision of the commissioner, or may remand the matter to the commissioner for further findings. In the absence of a timely appeal, the decision and order shall be final, shall be entered upon the docket of the superior court at the request of the prevailing party, may be enforced as judgment of said court, and shall be a lien upon the property of the employer situated in the state for a period of 3 years from the time of the decision. It is a requirement of this subdivision for purposes of RSA 275:37 that a final order be immediately satisfied by the employer.
Source.
2000, 133:2, eff. Jan. 1, 2001. 2014, 227:5, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:41-b - Pay Disclosure.

275:41-b Pay Disclosure. –
I. No employer shall require the following as a condition of employment:
(a) That an employee refrain from disclosing the amount of his or her wages.
(b) That an employee sign a waiver or other document that purports to deny the employee the right to disclose the amount of his or her wages, salary, or paid benefits.
II. No employer shall discharge, formally discipline, or otherwise discriminate against an employee because he or she discloses the amount of his or her wages, salary, or paid benefits.
Source.
2014, 227:6, eff. Jan. 1, 2015; 250:1, eff. Jan. 1, 2015 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:41-c - Pay Equity Information.

275:41-c Pay Equity Information. –
The commissioner shall make available on the department of labor website, and through any other forum that the department may use to distribute compensation differentials information, accurate information on compensation differentials, including statistics, explanations of employee rights, historical analyses of such differentials, instructions for employers on compliance, and any other information that will assist the public in understanding and addressing such differentials. The commissioner of labor and the commissioner of employment security shall jointly compile and produce such information.
Source.
2014, 227:6, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:41-d - Notice Required.

275:41-d Notice Required. –
The commissioner shall make available on the department of labor website the following notice: "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor." This notice shall also include the address, phone number, and email address of department personnel to be contacted with complaints under this subdivision, as well as an Internet link to RSA 275:37.
Source.
2014, 227:6, eff. Jan. 1, 2015.