reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:2 - Commission Established; Membership; Terms.

275-C:2 Commission Established;  Membership;  Terms. –
There is hereby established the governor's commission on disability which shall consist of up to 30 members appointed by the governor. Commission members shall consist of persons with a disability, family members or parents or guardians of persons with a disability, persons from the general public, or members of organizations who provide services for persons with a disability. Each member of the commission shall serve without compensation. Each member of the commission shall serve for a 6-year term. The governor shall appoint a chairman of the commission from among the members. Any member appointed by the governor after the effective date of this section, excluding reappointed members, shall serve for a 3-year term and for no more than 2 consecutive 3-year terms. A quorum shall consist of a simple majority of members appointed.
Source.
1977, 545:1. 1990, 140:1, 2, I, III, eff. June 18, 1990. 2018, 79:2, eff. May 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:3 - Ex Officio Members.

275-C:3 Ex Officio Members. –
The following, or their designees, shall serve as ex officio members without a vote on the commission: (1) the commissioner of health and human services, (2) the administrator of the bureau of vocational rehabilitation, department of education, (3) the supervisor of blind services, bureau of vocational rehabilitation, department of education, (4) the commissioner of labor, (5) the commissioner of the department of employment security, and (6) a member of the state board of education designated by the governor.
Source.
1977, 545:1. 1985, 207:3. 1994, 379:17. 1995, 310:153, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:4 - Executive Director; Staff.

275-C:4 Executive Director;  Staff. –
The commission shall select an executive director of the commission by a vote of a majority of all voting commission members. The executive director shall be in the unclassified service of the state with an annual salary as shall be prescribed by RSA 94 and shall act as secretary to the commission and shall perform such other duties as the commission may require of him. The commission shall approve employment of such clerical help and other employees as are necessary, upon the recommendation of the executive director.
Source.
1977, 545:1. 1979, 434:33, I. 1985, 207:4, eff. May 31, 1985.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:5 - Organization of Commission.

275-C:5 Organization of Commission. –
The commission shall organize itself in conformity with its responsibilities under this chapter and shall establish committees to address issues which affect persons with a disability. The members of such committees shall be designated by the chairman, with the approval of a majority of the commission.
Source.
1977, 545:1. 1985, 207:5. 1990, 140:2, I, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:6 - Duties and Powers.

275-C:6 Duties and Powers. –
The commission shall have the following duties and powers:
I. To advise the governor, appropriate state agencies, and the public on matters pertaining to public policy and the administration of programs, services and facilities for persons with a disability in New Hampshire;
II. To encourage the development of coordinated, interdepartmental goals and objectives and the coordination of programs, services and facilities among all state departments and private providers of service as they relate to persons with a disability;
III. To serve as a source of information to the public regarding all services to persons with a disability;
IV. To review and make comment to the governor, state agencies, the legislature, and the public concerning adequacy of state programs, plans and budgets for services to persons with a disability and for funding under the various federal grant programs;
V. To research, formulate and advocate plans, programs and policies which will serve the needs of persons with a disability, which may include an assessment of the needs of persons with disabilities, a census of services provided by public and private organizations, identification of unfilled needs, long term goals, short term objectives, action plans to meet objectives and measures of performance. The commission shall be guided by the goal of formulating an integrated, comprehensive, statewide plan to address the needs of persons with a disability;
VI. To make annual reports to the governor on the activities of the commission.
VII. To design, produce, and issue special registration tags and certificates for permanent service animal registration and licensing.
VIII. To adopt rules, pursuant to RSA 541-A, relative to:
(a) The application procedure for waiver requests.
(b) Information required on an application for waiver request.
(c) The fee for an application for waiver request.
(d) Other matters related to the administration of applications for waiver requests.
Source.
1977, 545:1. 1985, 207:6. 1990, 140:2, I, III, eff. June 18, 1990. 2012, 211:3, eff. Aug. 12, 2012. 2015, 276:265, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:7 - Meetings; Removal.

275-C:7 Meetings;  Removal. –
The commission shall meet at least once every 3 months to conduct its business and give direction to the activities of the executive director and staff. Members of the commission may be removed by the governor for cause.
Source.
1977, 545:1, eff. Sept. 13, 1977.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:8 - Gifts, Grants, or Donations.

275-C:8 Gifts, Grants, or Donations. –
The commission is authorized to receive any gifts, grants, or donations made for any of the purposes of its program and to disburse and administer the same in accordance with the terms thereof.
Source.
1977, 545:1, eff. Sept. 13, 1977.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:8-a - NFB-Newsline; Funding.

275-C:8-a NFB-Newsline;  Funding. –
Beginning July 1, 2017, and in each fiscal year thereafter, the sum of $31,500 is hereby appropriated to the governor's commission on disability for the purpose of funding the National Federation of the Blind's "NFB-Newsline," an information and news service that provides individuals who are otherwise unable to read newsprint with access to existing newspapers and other printed materials. Said funds shall be a charge against the telecommunications relay service trust fund established by the public utilities commission.
Source.
2007, 263:72, eff. July 1, 2007. 2017, 156:131, eff. July 1, 2017. 2018, 79:3, eff. May 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:9 - Display of Wheelchair Symbol on Buildings.

275-C:9 Display of Wheelchair Symbol on Buildings. –
I. In this section:
(a) "Wheelchair symbol" means the wheelchair symbol adopted by the Rehabilitation International's World Congress in 1969.
(b) "Accessible building" means a building which, in the determination of the governor's commission on disability, is accessible to elderly persons and persons with disabilities.
II. Any person owning an accessible building may appropriately display the wheelchair symbol to identify such accessibility.
III. No person may display the wheelchair symbol on any building which is not an accessible building.
IV. The governor's commission on disability shall obtain a supply of wheelchair symbols and shall issue wheelchair symbols to any person who applies for them and who owns an accessible building.
Source.
1977, 372:1. 1990, 140:1, 2, IX, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:10 - Definitions.

275-C:10 Definitions. –
As used in this subdivision:
I. "Architectural barriers" mean physical attributes of buildings and facilities which by their presence, absence, or design present unsafe conditions or deter access and free mobility for persons with disabilities in and around buildings and facilities.
II. "Buildings and facilities" means all buildings, facilities, appurtenant grounds and curbs which are used or to be used by the public and the cost of the construction, rehabilitation, or substantial remodeling of which is to be paid for, in whole or in part, by federal, state, county or municipal funds.
III. "Person with a disability" means one who has a physical or mental impairment that substantially limits one or more of the major life activities of such individual, a record of such an impairment, or is regarded as having such an impairment.
Source.
1977, 269:1. 1990, 140:2, III, X, eff. June 18, 1990. 2018, 79:4, eff. May 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:11 - Permanent Committee for Barrier-Free Design Established.

275-C:11 Permanent Committee for Barrier-Free Design Established. –
There is hereby established a permanent committee of the commission, to be known as the committee on architectural barrier-free design. Such committee shall be appointed by the chairman of the commission, with the approval of the commission and shall consist of up to 11 members, a majority of whom shall be persons with a disability who have demonstrated an understanding of and commitment to architectural barrier-free design. One member may be a representative of the interests of the building trades and one member may be an engineer or architect.
Source.
1977, 269:1; 545:5. 1985, 207:8. 1990, 140:2, I. 1992, 50:1, eff. June 12, 1992. 2018, 79:5, eff. May 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:12 - Bylaws.

275-C:12 Bylaws. –
The permanent committee on architectural barrier-free design shall meet as soon as possible after appointment and elect one of its appointed members as chairman who shall serve for a 2-year term and for no more than 2 consecutive 2-year terms. The committee shall meet not less than 6 times annually, and at such other times as may be designated by the chairman. Appointed members shall serve for a 2-year term and for no more than 2 consecutive 2-year terms. A quorum shall consist of a simple majority of members appointed. The members and the chairman shall receive no compensation for their services, but may be reimbursed for necessary expenses out of any funds available to the governor's commission on disability for said purposes. Members of the committee may be dismissed by the governor for cause.
Source.
1977, 269:1. 1985, 207:10. 1990, 140:1, eff. June 18, 1990. 2018, 79:5, eff. May 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:13 - Staff and Consultants.

275-C:13 Staff and Consultants. –
The committee may utilize the staff of the governor's commission on disability and personnel from any other agency or department, with the consent of the executive director of such agency or department, to enable it to discharge its responsibilities and powers under this chapter.
Source.
1977, 269:1. 1985, 207:10. 1990, 140:1, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:14 - Duties.

275-C:14 Duties. –
The committee on architectural barrier-free design, in furthering the purposes of this subdivision to ensure that buildings and facilities are accessible to and functional for persons with disabilities through the elimination of architectural barriers, shall:
I. Establish, publish, and enforce a code for barrier-free design, covering all buildings and facilities whose construction, rehabilitation, or substantial remodeling begins at any time after a reasonable time following promulgation of the code, which shall be at least as restrictive as the American National Standards Institute Specifications, as modified, and which shall be regularly amended so as to reflect technological advances, research evidence, and the changing needs of persons with a disability.
II. Adopt such rules under RSA 541-A as may be necessary to enforce the provisions of this subdivision and the code for barrier-free design.
III. Hold public hearings prior to the adoption of any rules by the committee in accordance with RSA 541-A.
Source.
1977, 269:1. 1985, 207:9, 10. 1990, 140:2, I, III, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:15 - Powers.

275-C:15 Powers. –
The committee on architectural barrier-free design shall:
I. Conduct studies, hold hearings, administer oaths, issue subpoenas, publish reports, and recommend legislation to implement this subdivision;
II. Receive, process, and review complaints from any person alleging a violation of the code;
III. Issue cease-and-desist orders that enjoin an owner, an owner's agent, or a lessee-in-possession from further construction or use of buildings and facilities, until compliance with the code for barrier-free design. To compel obedience to such orders, the committee on architectural barrier-free design shall petition the superior court for the county in which the party sought to be enjoined is principally located. Upon satisfying itself that the order of the committee was within its jurisdiction to issue and that there is substantial evidence on the record considered as a whole to support the finding of the committee, the superior court shall issue its order.
IV. Except as provided in paragraph V, grant waivers to an owner, an owner's agent or a lessee-in-possession, pertaining only to places of public accommodation provided for in RSA 155:39-a, from specific requirements of the code for barrier-free design where, upon a clear and convincing showing, a compelling public interest is deemed to outweigh the state's interest in removing architectural barriers.
V. With respect to construction projects subject to the provisions of RSA 155:39-d, grant waivers to an owner, an owner's agent or a lessee-in-possession from specific requirements of the code for barrier-free design upon good cause shown.
VI. Charge a nonrefundable fee for any application for waiver request submitted under paragraph IV or V, which shall be payable to the governor's commission on disability. Each application for waiver request shall contain no more than 2 items to be reviewed for waiver. All fees shall be paid in advance with the application for waiver request. Any building or facility, as defined in RSA 275-C:10 II, shall not be subject to an application fee but shall file an application for waiver request as provided in this section.
Source.
1977, 269:1. 1979, 75:3. 1985, 207:10. 1990, 170:2, 3, eff. July 1, 1990. 2015, 276:264, 266, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:16 - Official Noncompliance.

275-C:16 Official Noncompliance. –
It shall be unlawful for any state or local authority who reviews building plans prior to their approval for construction or for any building inspector to knowingly and willingly approve the construction or opening of any building or facility which is not in compliance with the code of barrier-free design, unless such building or facility had received a valid waiver from the committee on architectural barrier-free design.
Source.
1977, 269:1. 1985, 207:10, eff. May 31, 1985.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:17 - Penalty.

275-C:17 Penalty. –
Notwithstanding RSA Title LXII, failure to comply with any provision of this subdivision or any rule or regulation issued thereunder shall be punishable by a fine of not less than $100 nor more than $1,000, or by imprisonment for not more than 30 days, or both.
Source.
1977, 269:1, eff. Aug. 21, 1977.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:18 - Severability.

275-C:18 Severability. –
If any provision of this subdivision or the application of such provision to any person or circumstances is held invalid the remainder of this subdivision or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.
Source.
1977, 269:1, eff. Aug. 21, 1977.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:1 - Purpose.

275-D:1 Purpose. –
The general court finds that there is an increasing number of persons in the state who, in their middle and later years and having fulfilled the role of homemaker, find themselves displaced because of dissolution of marriage, death of a spouse, or other loss of family income. As a consequence, displaced homemakers have a greatly reduced income, high rate of unemployment due to age, lack of paid work experience and discrimination, and limited opportunities to collect funds of assistance from social security, unemployment compensation, medicaid and other health insurance benefits, or pension plans of the spouse. The problems require the establishment of programs to assist displaced homemakers.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:2 - Definitions.

275-D:2 Definitions. –
For the purposes of this chapter the following terms have meanings given:
I. "Displaced homemaker" means a person who (a) worked in the home for a substantial number of years providing unpaid household services for family members; (b) is not gainfully employed; (c) has difficulty in securing employment; and (d) was dependent on the income of another family member but is no longer supported by such income, or was dependent on government assistance but is no longer eligible for such assistance.
II. "Commissioner" means the commissioner of labor.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:3 - Programs Established.

275-D:3 Programs Established. –
I. In order to enable the displaced homemaker to contribute to society and maintain independence and economic security, the commissioner shall establish 2 pilot multipurpose service centers for displaced homemakers, one in the metropolitan area in the southern tier of the state, and one in the rural north country area. To the greatest extent possible, the commissioner shall make grants to nonprofit agencies or organizations to carry out the various programs.
II. The centers shall develop, by working with federal, state and local governmental agencies and private employers, job counseling and placement services specifically designed for displaced homemakers. The services shall:
(a) Counsel displaced homemakers with respect to appropriate job opportunities;
(b) Identify community needs and seek funding for new public sector jobs;
(c) Provide displaced homemakers with the necessary counseling, training, skills and referral services to become gainfully employed, healthy and independent;
(d) Develop plans to include more displaced homemakers in existing training and placement programs;
(e) Refer displaced homemakers to agencies which may provide information and assistance with respect to health care, financial matters, education, nutrition, and legal problems, and
(f) Take into account and build upon the skills and experience of the displaced homemaker.
III. The centers shall utilize the counseling resources available through community mental health services programs or any other existing agency under the direction of the commissioner of health and human services pursuant to RSA 126-B to assist displaced homemakers in their adjustment from providing unpaid household services to locating appropriate job opportunities.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:4 - Coordination With Federal, State and Local Agencies.

275-D:4 Coordination With Federal, State and Local Agencies. –
The commissioner shall cooperate with federal, state and local agencies to coordinate the service programs established pursuant to RSA 275-D:3. The commissioner, with the advice of the staff at the centers, shall promulgate rules concerning the eligibility of persons for the job training and other programs of the multipurpose service centers, the level of stipends for the job training programs, and a sliding fee scale for the service programs.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:5 - Reports.

275-D:5 Reports. –
The director of each center shall report to the commissioner as prescribed by rule, and shall evaluate the effectiveness of the job training, placement and service to displaced homemakers, including the number of persons trained, the number of persons placed in employment, follow-up data on such persons, the number of persons served by the various service programs, and cost effectiveness of the various components of the center.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:6 - Securing Employment.

275-D:6 Securing Employment. –
Staff of the service centers shall assist the displaced homemakers in finding permanent employment. To this end, the commissioner and the service centers staffs shall work with the department of employment security and any other agency to secure employment for displaced homemakers.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-D - Displaced Homemakers › Section 275-D:7 - Contributions.

275-D:7 Contributions. –
The director of each center may accept, use and dispose of contributions of money, service and property or any federal funds and private funds to implement this chapter.
Source.
1979, 363:1, eff. Aug. 22, 1979.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:1 - Definitions.

275-E:1 Definitions. –
In this chapter:
I. "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.
II. "Employer" means an individual, partnership, association, corporation, legal representative, trustee, receiver, trustee in bankruptcy, governmental entity, and any common carrier who employs any person. Employer shall include any person acting in the interest of an employer directly or indirectly.
III. "Governmental entity" means any branch, department, commission, bureau, agency, or agent of the government of this state or a political subdivision of this state.
Source.
1987, 386:1. 1999, 279:3. 2007, 362:4, eff. Jan. 1, 2008. 2012, 139:3, eff. Aug. 6, 2012.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:2 - Protection of Employees Reporting Violations.

275-E:2 Protection of Employees Reporting Violations. –
I. No employer shall harass, abuse, intimidate, discharge, threaten, or otherwise discriminate against any employee regarding compensation, terms, conditions, location, or privileges of employment because:
(a) The employee, in good faith, reports or causes to be reported, verbally or in writing, what the employee has reasonable cause to believe is a violation of any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States; or
(b) The employee objects to or refuses to participate in any activity that the employee, in good faith, believes is a violation of the law; or
(c) The employee, in good faith, participates, verbally or in writing, in an investigation, hearing, or inquiry conducted by any governmental entity, including a court action, which concerns allegations that the employer has violated any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States.
II. An aggrieved employee may bring a civil suit within 3 years of the alleged violation of this section. The court may order reinstatement and back-pay, as well as reasonable attorney fees and costs, to the prevailing party.
Source.
1987, 386:1, eff. Jan. 1, 1988. 2010, 340:2, eff. July 20, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:3 - Protection of Employees Who Refuse to Execute Illegal Directives.

275-E:3 Protection of Employees Who Refuse to Execute Illegal Directives. –
No employer shall discharge, threaten or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because the employee has refused to execute a directive which in fact violates any law or rule adopted under the laws of this state, a political subdivision of this state, or the United States.
Source.
1987, 386:1, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:4 - Rights and Remedies.

275-E:4 Rights and Remedies. –
I. Any employee who alleges a violation of rights under RSA 275-E:2 or 3, and who has first made a reasonable effort to maintain or restore such employee's rights through any grievance procedure or similar process available at such employee's place of employment, may obtain a hearing with the commissioner of labor or a designee appointed by the commissioner. Following such hearing, the labor commissioner or the designee appointed by such commissioner shall render a judgment on such matter, and shall order, as the commissioner or his designee considers appropriate, reinstatement of the employee, the payment of back pay, fringe benefits and seniority rights, any appropriate injunctive relief, or any combination of these remedies.
II. Decisions rendered by the commissioner of labor under paragraph I may be appealed pursuant to RSA 541.
Source.
1987, 386:1. 1992, 72:1, eff. May 20, 1992.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:5 - No Effect on Bargaining or Common Law Rights.

275-E:5 No Effect on Bargaining or Common Law Rights. –
This chapter shall not be construed to diminish or impair either the rights of a person under any collective bargaining agreement or any common law rights.
Source.
1987, 386:1, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:6 - Compensation of Employee.

275-E:6 Compensation of Employee. –
This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a governmental entity.
Source.
1987, 386:1, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:7 - Posting of Notices; Violation.

275-E:7 Posting of Notices;  Violation. –
Every employer shall post such notices as are prescribed by the commissioner of labor as a means of keeping such employer's employees informed of their protections and obligations under this chapter. The commissioner of labor shall adopt rules, under RSA 541-A, relative to the form, content, and placement of such notices. Failure to comply with the provisions of this section or rules adopted by the commissioner of labor shall be a violation for each day of noncompliance.
Source.
1987, 386:1, eff. Jan. 1, 1988.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:8 - Complaint Investigation by Department of Labor.

275-E:8 Complaint Investigation by Department of Labor. –
I. The department of labor shall have the authority to receive and investigate complaints or information from any public employee concerning the possible existence of any activity constituting fraud, waste, or abuse in the expenditure of any public funds, whether state or local, or relating to programs and operations involving the procurement of any supplies, services, or construction by governmental entities within the state.
II. The labor commissioner shall make an initial determination as to whether a complaint received under paragraph I is without merit, unfounded, or in need of further information, in which case, the complaint may be dismissed without further action, or held until such time as additional information is received, or dismissed if no further information is received within the time period specified by the commissioner. If the labor commissioner makes an initial determination that the complaint has merit and warrants further investigation, the labor commissioner may undertake such investigation or refer the matter to the appropriate enforcement authority. The identity of the person who filed the complaint shall not be disclosed without his or her written consent, unless such disclosure is to a law enforcement agency that is conducting a criminal investigation.
III. If the labor commissioner undertakes further investigation of the complaint, the commissioner shall have access to all records, confidential or otherwise, reports, audits, reviews, papers, books, documents, recommendations, and correspondence, including information or data that is deemed necessary by the commissioner to carry out the investigation. The labor commissioner may request such information, cooperation, and assistance from any state, county, or local governmental agency and may coordinate activities with the attorney general's office. In carrying out his or her duties and responsibilities, the labor commissioner shall immediately report to the attorney general and either the United States Attorney or local enforcement agency any suspected violation of state or federal criminal law.
IV. No governmental entity shall take any retaliatory action against a public employee who, in good faith, files a complaint under this section and the public employee shall be afforded all protections under RSA 275-E:2.
V. The labor commissioner shall adopt rules under RSA 541-A relative to the complaint investigation process established in this section, including the administrative procedure used for responding to complaints, gathering additional information, and rendering decisions.
VI. For purposes of this subdivision, the labor commissioner shall include any person designated by the labor commissioner to carry out the investigation authorized by this section. Public employee shall mean any employee of a governmental entity, as defined in RSA 275-E:1, III.
Source.
2010, 340:1, eff. July 20, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-E - Whistleblowers' Protection Act › Section 275-E:9 - Protection of Public Employees.

275-E:9 Protection of Public Employees. –
No governmental entity shall threaten, discipline, demote, fire, transfer, reassign, or discriminate against a public employee who files a complaint with the department of labor under RSA 275-E:8 or otherwise discloses or threatens to disclose activities or information that the employee reasonably believes violates RSA 275-E:2, represents a gross mismanagement or waste of public funds, property, or manpower, or evidences an abuse of authority or a danger to the public health and safety. Notwithstanding this provision of law, public employers may discipline, demote, fire, transfer, or reassign an employee so long as the action is not arbitrary or capricious and is not in retaliation for the filing of a complaint under this chapter. Any public employee who files such a complaint or makes such a disclosure shall be entitled to all rights and remedies provided by this chapter.
Source.
2010, 340:1, eff. July 20, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:1 - Statement of Purpose.

275-F:1 Statement of Purpose. –
The purpose of this chapter is to protect workers of the state by requiring advance notification of significant employment losses and by providing a means for workers to seek a remedy through administrative procedure. The legislature finds that advance notice of a major employment loss event allows all levels of government to prepare to help a sudden large number of affected workers. The legislature also finds that, while the United States already has a federal WARN Act, the state of New Hampshire should enforce its own program to allow quicker administrative determinations and enforcement. This purpose is enhanced by allowing the state of New Hampshire to pursue claims on behalf of employees affected by violations of RSA 275-F and asserting liens against the assets of employers who have liability under RSA 275-F.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:3 - Notice.

275-F:3 Notice. –
I. No employer shall order a mass layoff or plant closing unless 60 days before the order takes effect the employer gives written notice of the order to:
(a) Affected employees and representatives of affected employees;
(b) The commissioner, who shall notify additional governmental units as appropriate;
(c) The New Hampshire attorney general; and
(d) The chief elected official of each municipality in New Hampshire within which the plant closing or mass layoff occurs.
II. Any employer required to give notice of any mass layoff or plant closing under this chapter shall include in its notice the elements required by the Worker Adjustment and Retraining Notification Act, 29 U.S.C. section 2101 et seq.
III. The mailing of notice to an employee's last known address or inclusion of notice in the employee's paycheck shall be considered acceptable methods for notice to each affected employee under this chapter.
IV. If an employer sells all or part of its business, the seller shall be responsible for providing notice for any plant closing or mass layoff under this section, up to and including the effective date of the sale. After the effective date of the sale of part or all of an employer's business, the purchaser shall be responsible for providing notice for any plant closing or mass layoff under this section. Notwithstanding any other provision of this chapter, any person who is a full-time employee of the seller, other than a part-time employee, as of the effective date of the sale shall be considered an employee of the purchaser immediately after the effective date of the sale.
V. The rights and remedies of employees under this chapter are in addition to any other contractual, statutory, or common law rights and remedies of the employees, and are not intended to alter or affect such rights and remedies, except that the period of notification required by this chapter shall run concurrently with any period of notification required by contract or by any other law.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:4 - Exceptions.

275-F:4 Exceptions. –
I. In a mass layoff or plant closing, an employer is not required to comply with the notice requirement of RSA 275-F:3 if:
(a) The employer is a faltering company and at the time that notice would have been required, the employer was actively seeking capital in the form of loans, or the issuance of stocks, bonds, or other methods of internally generated financing, or additional money, credit, or business through a commercially reasonable method which opportunities were objectively realistic; and
(1) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the mass layoff or plant closing; and
(2) The employer reasonably and in good faith believed that giving the notice required by RSA 275-F:3 would have precluded the employer from obtaining the needed capital or business; or
(b) The need for notice was not reasonably foreseeable at the time the notice would have been required; or
(c) The plant closing is of a temporary facility or the plant closing or mass layoff is the result of the completion of a particular project or undertaking, and the affected employees were hired with the understanding that their employment was limited to the duration of the facility, project, or undertaking; or
(d) A mass layoff or plant closing is necessitated by a physical calamity, natural disaster, or an act of terrorism or war; or
(e) The closing or layoff constitutes a strike or lockout not intended to evade the requirements of this chapter. Nothing in this chapter shall require an employer to serve written notice when permanently replacing a person who is deemed to be an economic striker under the National Labor Relations Act, 29 U.S.C. section 151 et seq. Nothing in this chapter shall validate or invalidate any judicial or administrative ruling relating to the hiring of permanent replacements for economic strikers under the National Labor Relations Act.
II. An employer relying on such exceptions shall provide as much notice as is practicable and at that time shall provide a complete statement of the basis for reducing the notification period.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:5 - Extension of Layoff Period.

275-F:5 Extension of Layoff Period. –
A layoff of more than 6 months which, at its outset, was announced to be a layoff of 6 months or less shall be treated as an employment loss under this chapter unless:
I. The extension beyond 6 months is caused by business circumstances, including unforeseeable changes in price or cost, not reasonably foreseeable at the time of the initial layoff; and
II. Notice is given at the time it becomes reasonably foreseeable that the extension beyond 6 months will be required.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:6 - Determinations With Respect to Employment Loss.

275-F:6 Determinations With Respect to Employment Loss. –
In determining whether a plant closing or mass layoff has occurred or will occur, employment losses for 2 or more groups at a single site of employment, each of which is less than the minimum number of employees specified in RSA 275-F:2, VI or RSA 275-F:2, VIII but which in the aggregate exceed that minimum number, and which occur within any 90-day period shall be considered to be a plant closing or mass layoff unless the employer demonstrates that the employment losses are the result of separate and distinct actions and causes and are not an attempt by the employer to evade the requirements of this chapter.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:7 - Authority of the Commissioner.

275-F:7 Authority of the Commissioner. –
I. The commissioner shall have the authority to determine any liabilities or civil penalties under RSA 275-F:8 and RSA 275-F:9 and the applicability of any exceptions under RSA 275-F:4.
II. The commissioner shall have the authority to examine the books and records of an employer, but only to the extent necessary to administer the provisions of this chapter.
III. To determine whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable under RSA 275-F:4, I(b) the employer shall make available to the department, upon request:
(a) A written record of documents relevant to the determination of whether the employer was actively seeking capital or business, or that the need for notice was not reasonably foreseeable; and
(b) An affidavit verifying the contents of the documents contained in the record.
IV. Except as provided in this section, information obtained from any employer subject to this chapter regarding the material provided and the books, records, or wages paid to workers during the investigation of possible violations of this chapter, shall be confidential, shall not be disclosed to employees or their representatives, shall not be used in any court in any pending action or proceeding, and shall not be admissible in evidence in any action or proceeding other than one arising out of this chapter.
V. The commissioner shall adopt rules under RSA 541-A relative to the administration and enforcement of this chapter.
VI. The commissioner may hold in trust any proceeds from a lien filed under RSA 275-F:8 pending adjudication of any claims to the proceeds by an employer. Following the final adjudication of such claims, the commissioner shall distribute any proceeds from the lien on a pro rata basis to the employees of the employer or employers against whose business revenues and real and personal property the lien was obtained.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:9 - Civil Penalty.

275-F:9 Civil Penalty. –
I. An employer who fails to give notice as required by RSA 275-F:3, I(b) may be assessed a civil penalty of up to $2,500; in addition, such an employer may be assessed a civil penalty of up to $100 per employee for each day of noncompliance. The employer is not subject to a civil penalty under this section if the employer pays to all applicable employees the amounts for which the employer is liable under RSA 275-F:8 within 3 weeks from the date the employer orders the mass layoff or plant closing. All such civil penalties collected shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
II. Any penalty amount paid by the employer under federal law shall be considered a payment under this chapter.
III. If an employer proves to the satisfaction of the commissioner that the act or omission that violated this chapter was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this chapter, the commissioner may in his or her discretion reduce the amount of the penalty provided for in this section.
Source.
2009, 325:1, eff. Jan. 1, 2010. 2011, 224:53, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:10 - Appeal.

275-F:10 Appeal. –
Any party may appeal a finding of employer liability or civil penalty under RSA 541.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:11 - Notice to Employers.

275-F:11 Notice to Employers. –
Before September 30 of each year, the department, with the cooperation of the department of employment security, shall issue a written notice to each employer that the employer may be subject to this chapter and shall advise the employer of the requirements of this chapter and the remedies provided for violations.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-F - New Hampshire Worker Adjustment and Retraining Notification Act › Section 275-F:12 - Interpretation.

275-F:12 Interpretation. –
Whenever possible, this chapter shall be interpreted in a manner consistent with the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. section 2101 et seq. and the federal regulations and court decisions interpreting that to the extent the provisions of federal and state law are the same.
Source.
2009, 325:1, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-G - Veterans' Preference Employment Policy › Section 275-G:1 - Definitions.

275-G:1 Definitions. –
In this chapter:
I. "Private employer" means a sole proprietor, corporation, partnership, limited liability company, or other entity with one or more employees. It does not include the state, a subdivision of the state, or a public institution of higher education.
II. "Veteran" means a person who served on active duty in the armed forces and was discharged or released with an honorable discharge.
III. "Veterans' preference employment policy" means a private employer's policy for hiring or promoting a veteran over another qualified applicant or employee.
Source.
2015, 187:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-G - Veterans' Preference Employment Policy › Section 275-G:2 - Veterans' Preference Employment Policy.

275-G:2 Veterans' Preference Employment Policy. –
Notwithstanding any law to the contrary, a private employer may establish a veterans' preference employment policy. Such policy:
I. Shall be in writing.
II. Shall be applied uniformly to employment decisions regarding hiring and promotion.
Source.
2015, 187:1, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-G - Veterans' Preference Employment Policy › Section 275-G:3 - Verification of Eligibility.

275-G:3 Verification of Eligibility. –
A private employer may require that a veteran submit a Department of Defense DD Form 214, report of separation, in order to be eligible to receive the preference under RSA 275-G:2.
Source.
2015, 187:1, eff. July 1, 2015.