reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:23 - Depositions.

277:23 Depositions. –
The deposition of any witness within or without the state, taken in the manner prescribed by law for depositions in civil actions, may be used in any proceeding for review or appeal.
Source.
1917, 183:11. PL 177:19. RL 215:19.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:25 - Petition.

277:25 Petition. –
Any employer affected by such order, rule or regulation may petition the commissioner for a review of the validity or reasonableness thereof. The commissioner may join in one proceeding all petitions alleging invalidity or unreasonableness of the same or substantially similar orders, rules or regulations. The petition for review shall be filed within 30 days after notice of the adoption of the order, rule or regulation; provided, that the commissioner may, whenever in his opinion justice may require it, extend the time for filing such petition.
Source.
1917, 183:7. PL 177:21. RL 215:21.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:26 - Hearing.

277:26 Hearing. –
Upon receipt of the petition the commissioner shall, if necessary to determine the issue raised, order a hearing. Notice of the time and place of hearing, which shall be open to the public, shall be given to the petitioner and to such other persons as the commissioner may find to be directly interested in the issues raised.
Source.
1917, 183:7. PL 177:22. RL 215:22.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:27 - Revocation of Order or Regulation.

277:27 Revocation of Order or Regulation. –
If, upon such hearing, the commissioner finds that the order, rule or regulation complained of is invalid or unreasonable he shall revoke it, or substitute therefor a new or amended one.
Source.
1917, 183:7. PL 177:23. RL 215:23.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:28 - Effect of Commissioner's Decision.

277:28 Effect of Commissioner's Decision. –
The decision of the commissioner upon such petition shall be final unless appeal is taken in the manner herein provided.
Source.
1917, 183:7. PL 177:24. RL 215:24.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:29 - Petition.

277:29 Petition. –
Any employer aggrieved by any order, rule or regulation of the commissioner may file a petition in the superior court against the commissioner to determine the validity and reasonableness thereof. Such petition shall be filed within 30 days after notice of the adoption of the order, rule or regulation, or, if a petition for review is filed, within 30 days from the decision upon such petition.
Source.
1917, 183:8. PL 177:25. RL 215:25.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:30 - Notice; Procedure.

277:30 Notice;  Procedure. –
Such notice shall be given to the commissioner of the pendency of such proceedings as the superior court may order. Such petition, so far as practicable, shall have precedence over other actions in the same court, and the order appealed from shall be prima facie valid and reasonable. The proceedings upon such petition shall be as nearly as may be in accordance with proceedings in equity, and the court shall make such order or decree as justice may require.
Source.
1917, 183:8. PL 177:26. RL 215:26.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:31 - Reference.

277:31 Reference. –
The court may, and on the request of the parties shall, refer any issues arising in such action to one or more persons, who shall find and report the facts, together with his or their recommendations, to the court. One or more of such persons may be a layman conversant with the subject matter involved in such appeal.
Source.
1917, 183:8. PL 177:27. RL 215:27.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:32 - Effect of Appeal, Etc.

277:32 Effect of Appeal, Etc. –
During the pendency of any petition for review, the order, rule or regulation under review shall be suspended, and during the pendency of an appeal to the superior court, it may be suspended by the superior court if justice requires. Except as herein provided, every order, rule or regulation made and adopted under the provisions of this chapter shall have the effect of law.
Source.
1917, 183:9. PL 177:28. RL 215:28.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:33 - Inspectors.

277:33 Inspectors. –
For the purpose of inspecting establishments subject to this chapter, the commissioner may employ competent persons who shall be known as inspectors, one of whom shall be a woman, and shall fix their compensation in accordance with the state personnel regulations and within the limits of available appropriations and funds.
Source.
1917, 183:12. 1921, 130:2. PL 177:29. RL 215:29. 1950, 5, part 18:13. 1951, 168:1. RSA 277:33. 1957, 172:1. 1963, 220:7, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:34 - Assistants.

277:34 Assistants. –
The commissioner may employ such other assistants and clerical employees as may be necessary to the proper discharge of his duties.
Source.
1917, 183:12. 1921, 130:2. PL 177:30. RL 215:30. RSA 277:34. 1963, 220:8, eff. July 1, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:35 - Preliminary Requirements.

277:35 Preliminary Requirements. –
No prosecution against any employer shall be commenced under this chapter until the commissioner shall have made an order in accordance with the provisions hereof, and the employer affected thereby shall have had a reasonable opportunity to comply therewith.
Source.
1917, 183:13. PL 177:31. RL 215:31.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:35-a - Petition for Review.

277:35-a Petition for Review. –
If an employer retaliates or takes any action against an employee who exercises his rights under this chapter, the employee may petition the commissioner for a review of the employer's action. The commissioner shall hold a hearing pursuant to RSA 277:25. The commissioner may order reinstatement of the employee or such other action as he deems necessary pending his decision.
Source.
1985, 243:3, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:36 - Penalties; Stop Work Order.

277:36 Penalties;  Stop Work Order. –
I. Any employer who does not comply with any lawful order or rule made under this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.
II. Any person who willfully violates RSA 277:12 shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person.
III. In case of imminent danger in any place of employment, the commissioner shall direct that work in the area of endangerment cease until the danger is abated. No employee shall suffer loss of wages, salary, seniority, fringe benefit or other benefit as a result of the commissioner's order.
Source.
1917, 183:13. PL 177:32. RL 215:32. RSA 277:36. 1973, 529:56. 1985, 243:5, eff. Jan. 1, 1986.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:37 - Statements.

277:37 Statements. –
Every employer subject to the provisions of RSA 277 shall immediately send to the commissioner a statement setting forth his name, address, business and approximate number of employees. Any employer wilfully neglecting to comply with the provisions of this section shall be guilty of a violation.
Source.
1917, 183:14. PL 177:33. RL 215:33. RSA 277:37. 1973, 531:95, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277 - Safety and Health of Employees › Section 277:38 - Enforcement of Laws, Orders, and Regulations.

277:38 Enforcement of Laws, Orders, and Regulations. –
It shall be the duty of the commissioner to administer and enforce, so far as not otherwise provided for, all laws relating to factories, workshops, commercial and mercantile establishments, and all valid orders, rules or regulations.
Source.
1917, 183:12. 1921, 130:2. PL 177:34. RL 215:34.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-A - Toxic Substances in the Workplace › Section 277-A:2 - Purpose.

277-A:2 Purpose. –
The general court hereby finds and declares that the proliferation of toxic substances in the workplace poses a growing threat to the health of employees exposed to these substances; that the number and variety of these substances makes effective monitoring of these potential health hazards by governmental agencies difficult and expensive; that employees themselves are often in the best position to detect symptoms of toxicity, provided they are aware of the nature of the substances to which they are exposed; that employees have an inherent right to know the dangers to which they are potentially exposed in their workplace so that they may make knowledgeable and reasoned decisions with respect to their continued employment under the circumstances and the need for corrective action; and that the workplace often serves as an early warning mechanism for the outside environment. The general court therefore determines that it is appropriate for employers to provide their employees with all available information concerning the nature of the toxic substances to which such employees may be exposed during the course of their employment and the suspected hazards these substances pose and to take all other practicable and feasible measures to protect their employees from the risks of toxic substances.
Source.
1983, 466:1, eff. Oct. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-A - Toxic Substances in the Workplace › Section 277-A:6 - Employees' Rights if Information Not Provided.

277-A:6 Employees' Rights if Information Not Provided. –
Any employee who requests information about a toxic substance required pursuant to RSA 277-A:5, III may, if he does not receive such information within 5 working days, refuse to work with such substance until such time as the employer provides him with such information.
Source.
1983, 466:1, eff. Oct. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-A - Toxic Substances in the Workplace › Section 277-A:7 - Discharge or Discrimination for Exercise of Rights Forbidden.

277-A:7 Discharge or Discrimination for Exercise of Rights Forbidden. –
I. No employer shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee, prospective employee or employee representative because that person has filed any complaint or has instituted or caused to be instituted any proceeding related to the provisions of this chapter, or has exercised any right provided in this chapter.
II. Any employee, prospective employee or employee representative who believes that he has been discharged, disciplined, or otherwise discriminated against by an employer pursuant to paragraph I shall, within 30 days of such violation, or 30 days after he first obtains knowledge of such violation, file a complaint with the commissioner of labor alleging such discrimination. Upon receipt of such a complaint, the commissioner shall conduct an investigation as he deems appropriate. If, upon investigation, the commissioner determines the allegation to have substance, he may refer the matter to the attorney general for appropriate action.
Source.
1983, 466:1, eff. Oct. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-A - Toxic Substances in the Workplace › Section 277-A:8 - Inspection by Department of Labor Permitted.

277-A:8 Inspection by Department of Labor Permitted. –
I. If the commissioner or his designee finds, or has cause to believe, that any provision of this chapter is being violated, he may enter and inspect the premises of any employer's place of business and take samples of any unknown substance in order to ascertain compliance with this chapter. The laboratory services of the department of health and human services shall be made available to the department of labor for purposes related to enforcement of this chapter, subject to the availability of adequate laboratory support.
II. The following persons may, if they so desire, accompany such agent or employee of the department of labor:
(a) The affected employer.
(b) An employee of the affected employer or an employee representative.
III. It shall be a violation of this chapter for any person to interfere with the agent or employee of the department of labor in the discharge of his duties as prescribed by this chapter.
Source.
1983, 466:1. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-A - Toxic Substances in the Workplace › Section 277-A:9 - Penalty.

277-A:9 Penalty. –
Any person who violates any provisions of this chapter shall be liable for a penalty of not more than $2,500 for each such violation, to be collected in a civil action by the commissioner of labor. If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense.
Source.
1983, 466:1, eff. Oct. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-A - Toxic Substances in the Workplace › Section 277-A:10 - Construction of Chapter.

277-A:10 Construction of Chapter. –
The provisions of this chapter shall be construed as being complementary to and not in lieu of any other law or of any rule adopted under authority of law relative to toxic substances or toxic waste including but not limited to RSA 147-A and RSA 147-B. However, any conflict between this chapter and an existing statute or rule shall be resolved at all times by following the stricter requirement.
Source.
1983, 466:1, eff. Oct. 26, 1983.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:1 - Purpose.

277-B:1 Purpose. –
The legislature recognizes that there is a public need for employee leasing and, therefore, deems it necessary in the interest of the public health, safety and welfare to establish standards for the operation, regulation and licensing of employee leasing companies.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:2 - Definitions.

277-B:2 Definitions. –
In this chapter:
I. "Applicant" means a person seeking to be licensed under this chapter or seeking the renewal of a license under this chapter.
II. "Commissioner" shall mean the commissioner of the department of labor.
III. "Client company" means a person who enters into an employee leasing arrangement with an employee leasing company.
IV. "Employee leasing arrangement" means an arrangement, under written contract, whereby:
(a) An employee leasing company assigns an individual, including an individual who was previously employed by the client company or its predecessor, affiliate, or subsidiary, to perform services for the client company; and
(b) The arrangement is intended to be, or is, on-going rather than temporary in nature, and not aimed at temporarily supplementing the work force.
V. "Employee leasing company" means any person:
(a) Engaged in providing the services of employees pursuant to one or more employee leasing arrangements; or
(b) Who otherwise regularly provides services of a nature customarily understood to be employer responsibilities including, but not limited to, the provision of health insurance plans, workers compensation or retirement or other benefit plans in the name of an entity other than the company on site where the employees provide services.
V-a. "Person" means any individual, partnership, corporation, limited liability company, association, or other legal entity.
VI. "Temporary help service" means a service whereby an organization hires its own employees and assigns them to clients to support or supplement the client work force in special work situations such as employee absences, temporary skill shortages, seasonal workloads, and special assignments and projects.
VII. "Temporary employee" means an individual hired to perform temporary help service.
Source.
1994, 405:1. 1995, 226:14. 1996, 243:1. 2009, 308:1-3, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:3 - Rules.

277-B:3 Rules. –
The commissioner shall adopt rules pursuant to RSA 541-A for the conduct of the business and the licensing of employee leasing companies as necessary to carry out the provisions of this chapter.
Source.
1994, 405:1, eff. June 10, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:4 - Exemptions.

277-B:4 Exemptions. –
This chapter shall not apply to labor organizations or to this state, the United States or any subdivision or agency thereof. This chapter shall not include temporary help service.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:7 - Issuance, Refusal, Suspension or Revocation of License.

277-B:7 Issuance, Refusal, Suspension or Revocation of License. –
I. The commissioner shall issue a license as an employee leasing company to any person who qualifies for the license under the terms of this chapter. The commissioner may, in addition, refuse to issue a license to any person or may suspend or revoke the license of any employee leasing company as provided in RSA 541-A, when the commissioner finds that the licensee or applicant has violated any of the provisions of this chapter, the rules adopted hereunder, or failed to pay federal withholding tax, unemployment insurance contributions, wages, or benefits when due. If a license is revoked under this section, the commissioner may notify the appropriate client companies of such revocation, and shall notify the client companies of the penalties under RSA 277-B:12, III.
II. An application for license, or renewal, shall be rejected by the commissioner if it is found that any person named in the license application is not of good moral character, business integrity, or financial responsibility, or there is good and sufficient reason within the meaning and purpose of this chapter for rejecting the application for a license or renewal.
Source.
1994, 405:1. 1996, 243:4, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:8 - Renewal of License.

277-B:8 Renewal of License. –
Licenses issued pursuant to this chapter shall remain in force for one year from the date of issue, unless the license has been revoked under RSA 277-B:7. If an employee leasing company has been continuously licensed without revocation or suspension for a period of 5 years or more following the effective date of this section, a license shall remain in force for 2 years from the date of issue provided that financial information required under RSA 277-B:6 is submitted to the department on an annual basis. Every licensee shall file an application for renewal 60 days before expiration of its license. The commissioner shall act upon such application for renewal within such 60-day period. In the event that an applicant for renewal shall qualify for a 2-year license, the licensing fee shall be twice the annual amount.
Source.
1994, 405:1. 2009, 308:7, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:10 - Exclusivity and Vicarious Liability.

277-B:10 Exclusivity and Vicarious Liability. –
An employee leasing company and its client company shall both be entitled to the exclusivity of remedy provisions of RSA 281-A:8, and the employee leasing company shall not be vicariously liable for the actions or omissions of the client company and the client company shall not be vicariously liable for the actions or omissions of the employee leasing company. Nothing in this section shall prohibit any direct contractual liability between the employee leasing company and the client company, nor shall the same limit any liability or responsibility imposed by this chapter.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:11 - Employee Benefits and Other Insurance.

277-B:11 Employee Benefits and Other Insurance. –
I. An employee leasing company may sponsor and maintain employee benefits and welfare plans for its leased employees. Nothing in this section shall require an employee leasing company to provide comparable benefits to employees located at different work sites.
II. An employee leasing company that provides health insurance benefits to its leased employees shall only provide such benefits:
(a) Through a policy issued by an insurance carrier admitted to write such coverage in this state; or
(b) Through a plan which has been qualified as a single employer plan under the provisions of ERISA.
III. Notwithstanding the provisions of RSA 277-B:9, employees leased to a client company by an employee leasing company remain the employees of the client company for the purposes of general liability insurance, automobile insurance, fidelity bonds, surety bonds and employer's liability insurance carried by the client company. Employees leased to a client company by an employee leasing company are not deemed employees of the employee leasing company for purposes of general liability insurance, automobile insurance, fidelity bonds, surety bonds or employer's liability insurance carried by the leasing company, unless the employees are included by specific reference in the applicable insurance contract or bond.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:11-a - Workers' Compensation Insurance; Certification.

277-B:11-a Workers' Compensation Insurance;  Certification. –
I. Insurance companies providing workers' compensation insurance in the state shall send to the commissioner a certificate of insurance as proof a valid policy exists for all policies written for employee leasing companies.
II. Insurance companies shall notify the commissioner at least 30 days before cancellation of a workers' compensation policy of any employee leasing company. The commissioner shall notify all client companies of the employee leasing company of the cancellation.
III. The commissioner shall revoke the license of any employee leasing company, the workers' compensation policy of which has been canceled. The commissioner shall notify the appropriate client companies of such revocation and shall notify the client companies of the penalties under RSA 277-B:12, III.
IV. A client company retains the statutory obligation of providing workers' compensation coverage for employees that are not provided, supplied, or assigned by an employee leasing company under an employee leasing arrangement.
Source.
1996, 243:7. 2009, 308:9, eff. Sept. 29, 2009.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:12 - Penalties.

277-B:12 Penalties. –
I. No person shall engage in the business of employee leasing nor hold itself out to the public as an employee leasing company without first having secured a license under this chapter.
II. Any person or employee leasing company who violates the provisions of this chapter may be fined by the commissioner up to $1,000 per employee for each day the violation continues. Any funds collected under this section shall be deposited to the department of labor restricted fund established in RSA 273:1-b.
III. Any client company which does business with an unlicensed employee leasing company may be fined by the commissioner up to $1,000 per employee for each day the violation continues. Any funds collected under this section shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
IV. Any such fines or penalties for violations of the labor law of New Hampshire shall be assessed either against the employee leasing company or the client company based upon the commensurate level of control of the worksite and each party's responsibility for compliance with the applicable violation.
V. Any such fines or penalties assessed by the state to an employee leasing company for violations of the labor law of New Hampshire shall specify at which client company the violation occurred. Unless successive labor law violations occur within the same client company, the state shall treat each violation assessed to an employee leasing company for violations at a specific client company as a first violation and shall not aggregate violations at separate client companies to assess additional and successive penalties.
Source.
1994, 405:1. 1996, 243:8, 9. 2009, 308:10, eff. Sept. 29, 2009. 2011, 224:53, 54, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:13 - Application and License Fees.

277-B:13 Application and License Fees. –
All application and license fees collected by the commissioner under this chapter shall be paid to the treasurer for deposit to the department of labor restricted fund established in RSA 273:1-b.
Source.
1994, 405:1, eff. Oct. 1, 1994. 2011, 224:53, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:14 - Conformity.

277-B:14 Conformity. –
No person who applies for a license within 6 months after the effective date of this chapter, and whose application is granted, shall be liable for any act, omission or representation which would have been lawful under its license had the license been in effect at the time of such act, omission or representation.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:15 - Commissioner's Investigatory Powers.

277-B:15 Commissioner's Investigatory Powers. –
If the commissioner has a reliable basis to believe that any licensee is violating the provisions of this chapter, the commissioner shall have the right to review and inspect all of the licensee's books and records during regular business hours at the leasing company's place of business.
Source.
1994, 405:1. 1996, 243:10, eff. Aug. 9, 1996.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:15-a - Client List; Confidentiality.

277-B:15-a Client List;  Confidentiality. –
I. Employee leasing firms shall maintain a list of current and past clients which shall be available for inspection by the department of labor without notice. The list shall be submitted to the labor department on a quarterly basis. Failure to maintain an updated client list shall subject the licensee to a $1,000 fine, and a $2,500 fine and loss of license for a second or subsequent offense if deemed appropriate by the commissioner. Funds generated from fines shall be deposited in the department of labor restricted fund established in RSA 273:1-b.
II. Client lists, license applications, and related materials submitted therewith shall remain confidential except that the commissioner may share such information with other appropriate state agencies on a confidential basis to the extent permitted by state law.
Source.
1996, 243:11. 2009, 308:11, eff. Sept. 29, 2009. 2011, 224:55, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:16 - Interference With Collective Bargaining Prohibited.

277-B:16 Interference With Collective Bargaining Prohibited. –
For purposes of the collective bargaining process, including, but not limited to, the right to organize employee units based upon specific worksites, the employee leasing company shall be bound by the applicable public or private sector labor relations law and responsible for any violations of a collective bargaining agreement covering any of its leased employees to which it is a party. An employee leasing company shall not reassign leased employees to different client companies for the purpose of interfering with the terms and conditions of any collective bargaining agreement or organizational activity. Nothing in this section shall relieve a client company of its obligations under any applicable public or private sector labor relations law.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:17 - Unemployment Contribution Liability.

277-B:17 Unemployment Contribution Liability. –
I. Until an employee leasing company has been in business for a period of 2 years, including any time prior to October 1, 1994, a client company shall be jointly and severally liable with the employee leasing company for the payment of unemployment contributions as calculated under the provisions of RSA 277-B:9, VI. The written disclosure provided under RSA 277-B:9, VI shall advise the client company of its joint and several liability, if any, under this section.
II. If an employee leasing company is found by the commissioner, after a hearing, to have unjustifiably failed to pay any unemployment contributions when due, the commissioner shall require the employee leasing company to post a bond as a condition of continuing to conduct business in this state. The bond shall be in such amount and upon such sureties as the commissioner shall determine to protect the interest of the affected employees and the state. If the commissioner requires a bond under this section, the commissioner shall forthwith notify the appropriate authorities in any other state in which the employee leasing company is known to be conducting business, that the employee leasing company was subject to such action in this state. The employee leasing company's license shall be suspended, if it does not post a bond required under this section within 5 working days of being ordered to post such bond.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:17-a - Tax Credits.

277-B:17-a Tax Credits. –
For purposes of determination of business profits tax credits under RSA 77-A, Coos county job creation credits under RSA 162-Q, economic revitalization zone credits under RSA 162-N, or any other available statutory tax credits provided by this state that are based on employment, leased employees shall be deemed employees solely of the client company if an election is made pursuant to RSA 77-E:13-a. A client company shall be entitled to the benefit of any such tax credit arising as the result of the employment of leased employees of such client company. Notwithstanding that the employee leasing company is the W-2 reporting employer, the client company shall continue to qualify for business profits tax credits under RSA 77-A, Coos county job creation credits under RSA 162-Q, economic revitalization zone credits under RSA 162-N, or any other available statutory tax credits. Leased employees working for other client companies of the employee leasing company shall not be counted together. Each employing leasing company shall provide, upon request by a client company, state agency, or department responsible for administration of any such tax credit, employment information reasonably required by such agency or department and necessary to support any request, claim, application, or other action by a client company seeking any such tax credit. This section shall not apply to the administration of RSA 282-A.
Source.
2015, 216:2, eff. July 1, 2015. 2016, 119:1, eff. May 20, 2016.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-B - Employee Leasing Companies › Section 277-B:18 - Applicability.

277-B:18 Applicability. –
Nothing in this chapter shall relieve any client company or employee leasing company from the provisions of any other applicable state law not inconsistent with this chapter or any applicable federal law.
Source.
1994, 405:1, eff. Oct. 1, 1994.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 277-C - Health Care Workplace Violence Prevention Program › Section 277-C:1 - Definitions.

[RSA 277-C:1 repealed by 2023, 79:213, effective March 1, 2034.]
277-C:1 Definitions. –
In this chapter:
I. "Health facility" means an acute care, rehabilitation, psychiatric, or substance abuse treatment hospital, or an urgent care center licensed under RSA 151; provided that a facility with more than one physical location shall be considered a single health facility; and provided that "health facility" shall not include state-operated medical facilities, and voluntary compliance by a state-operated facility shall not subject such facility to the requirements of this section. The term "health facility" shall not include any non-hospital affiliated urgent care with less than 3 clinics in New Hampshire.
II. "Workplace violence" means any act or threat of physical violence, harassment, intimidation, or other threatening behavior.
III. "Hostile words" means aggressive and belligerent verbal abuse in which the recipient reasonably believes that the speaker intends to injure or create excessive stress, or in which the recipient suffers actual psychological trauma.
Source.
2023, 79:207, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:1 - Purposes.

278:1 Purposes. –
The purposes of this chapter are:
I. To encourage employers, associations of employers and organizations of employees to voluntarily establish apprenticeship programs and the making of apprenticeship agreements;
II. To create opportunities for young people to obtain employment and adequate training in trades and industry with parallel instructions in related and supplementary education under conditions that will equip them for profitable employment and citizenship;
III. To cooperate with the promotion and development of apprenticeship programs and systems in other states and with the federal committee on apprenticeship appointed under Public Law No. 308-75th U.S. Congress (Fitzgerald Act);
IV. To encourage the registration and approval of apprenticeship programs and apprenticeship agreements by the United States Department of Labor, Office of Apprenticeship (OA).
Source.
1947, 166:1 par. 1. 2007, 241:1, eff. Aug. 24, 2007. 2021, 38:1, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:2 - Apprenticeship Council.

278:2 Apprenticeship Council. –
There is hereby created a state apprenticeship advisory council (the council), composed of: the labor commissioner or designee, the commissioner of the department of employment security or designee, the commissioner of the department of education or designee, a member representing the community college system of New Hampshire appointed by the chancellor of the community college system, and 2 members who shall be employers and 2 members who shall be employees or persons who represent said employees. The commissioner of labor, or designee, shall act as chairman. The 2 members who are employers and the 2 members who are employees or who represent said employees shall be appointed by the governor with the advice and consent of the council. The initial appointment of these 4 members shall be as follows: one member for a term of one year, one member for a term of 2 years, one member for a term of 3 years, and one member for a term of 4 years. Upon the expiration of each of their terms and each year thereafter, one new member shall be appointed for a term of 4 years. The members of the council shall receive no compensation for their services.
Source.
1947, 166:1, par. 2. 1950, 5, part 18:10. RSA 278:2. 1957, 187:15. 1971, 347:1. 2007, 241:2, eff. Aug. 24, 2007. 2018, 109:1, eff. July 24, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:3 - Duties.

278:3 Duties. –
The council shall meet as often as may be necessary, and in cooperation with the OA and state departments of education and labor, encourage approval of consistent standards for on-the-job training programs to be coordinated with related course instruction and included in apprenticeship programs and agreements established in trade or industry by employee organizations, joint employee-employer committees, employers or employer groups; and may request the services of any state or federal agency or department which may be of assistance in carrying out the purposes of this chapter. In addition to the foregoing, the council shall:
I. Encourage and promote the development of apprenticeship programs and the making of apprenticeship agreements;
II. Assist the OA in bringing about the settlement of differences arising out of an apprenticeship agreement when such differences cannot be adjusted locally or in accordance with established trade procedure;
III. Recommend to the OA the registration of apprenticeship programs and agreements which provide equal opportunity for training and employment without regard to race, color, creed or national origin and which incorporate standards consistent with those already established and approved by the council and the OA, or terminate or cancel the registration of apprenticeship programs and agreements when said programs or agreements fail to meet or maintain said registration qualifications;
IV. Cooperate with the state department of education and the local school authorities in the organization and establishment of classes of related and supplemental instruction for apprentices employed under approved agreements;
V. Render such assistance and submit such information and data as may be requested by employers, employees and joint apprenticeship committees engaged in the formulation and operation of programs of apprenticeship, particularly in regard to work schedules, wages, conditions of employment, apprenticeship records and number of apprentices; and
VI. Review and assist the OA in the adoption of rules and regulations to insure nondiscrimination in all phases of apprenticeship and employment during apprenticeship.
Source.
1947, 166:1 par. 3. RSA 278:3. 1965, 66:1. 1969, 168:1, 2. 2007, 241:3, 4, eff. Aug. 24, 2007. 2021, 38:2, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:3-a - Personnel.

278:3-a Personnel. –
For the purpose of carrying out administerial duties the council may employ assistants and clerical personnel as are necessary, who work under the general supervision of the labor commissioner.
Source.
1965, 66:2, eff. June 20, 1965.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:4 - Transfer to Department of Labor.

278:4 Transfer to Department of Labor. –
The apprenticeship advisory council as provided in RSA 278:2 shall function within the department of labor as a separate organizational entity, as heretofore constituted, and with all the powers and duties as heretofore provided.
Source.
1950, 5, part 18:12. 2007, 241:5, eff. Aug. 24, 2007.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:5 - Biennial Report.

278:5 Biennial Report. –
The council shall biennially make a report of its activities and progress to the governor and council and the report shall also be contained in the biennial report of the department of labor.
Source.
1947, 166:1 par. 4. RSA 278:5. 1973, 140:37, eff. Jan. 1, 1974.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:6 - Related and Supplemental Instruction.

278:6 Related and Supplemental Instruction. –
Related and supplemental instruction for apprentices, coordination of instruction with work experiences, and the selection of teachers and coordinators for such instruction shall be the responsibility of state and local boards of education. The state department of education shall be responsible and make provision subject to the department's decision on the allotment of its funds for related and supplementary instruction for apprentices as may be employed under apprenticeship programs registered and approved by the OA.
Source.
1947, 166:1 par. 5. 2007, 241:6, eff. Aug. 24, 2007. 2021, 38:3, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:7 - Local, Regional and State Joint Apprenticeship Committees.

278:7 Local, Regional and State Joint Apprenticeship Committees. –
Local and state joint apprenticeship committees may be approved, in any trade or group of trades, in cities, regions of the state or trade areas, by the OA, whenever the apprentice training needs of such trade or group of trades or such regions justify such establishment. Such local, regional or state joint apprenticeship committees shall be composed of an equal number of employer and employee representatives selected by the respective local or state employer and employee organizations in such trade or group of trades; also such advisory members representing local boards or other agencies as may be deemed advisable. In a trade or group of trades in which there is no bona fide employer or employee organization, a joint committee may be composed of persons known to represent the interests of employers and of employees respectively, or a state joint apprenticeship committee may be approved as, or the council may act itself as, the joint committee in such trade or group of trades. Subject to the review of the OA, and in accordance with the standards established by the OA, such committees may devise standards for apprenticeship agreements and give such aid as may be necessary in their operation, in their respective trades and localities.
Source.
1947, 166:1 par. 6. 2007, 241:7, eff. Aug. 24, 2007. 2021, 38:3, eff. July 16, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 278 - Apprenticeship Programs in Trade and Industry › Section 278:10 - Applicability of Chapter.

278:10 Applicability of Chapter. –
The provisions of this chapter shall apply to a person, firm, corporation or organization of employees or an association of employers only after such person, firm, corporation or organization of employees or association of employers has voluntarily elected to conform with its provisions.
Source.
1947, 166:1 par. 9, eff. May 29, 1947.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:3 - Powers of Commissioner.

279:3 Powers of Commissioner. –
The commissioner or any representative duly authorized by him shall have full power and authority:
I. To investigate and ascertain the wages of employees employed in any occupation in the state;
II. To enter the place of business or employment of any employer of employees in any occupation for the purpose of examining and inspecting any and all books, registers, payrolls, and other records of any employer of employees that in any way appertain to or have a bearing upon the question of wages of any such employees and for the purpose of ascertaining whether the orders of the commissioner have been and are being complied with; and
III. To require from such employer full and correct statements in writing of the wages paid to all employees in his employment.
Source.
1933, 87:3. RL 213:3. RSA 279:3. 1967, 440:5, eff. Feb. 1, 1968.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:15 - Administrative Rules.

279:15 Administrative Rules. –
The commissioner shall adopt rules under RSA 541-A for the purpose of carrying out the provisions of this chapter.
Source.
1933, 87:15. RL 213:15. RSA 279:15. 1995, 94:2, eff. July 15, 1995.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:16-a - Appeals.

279:16-a Appeals. –
Except as otherwise provided by statute, any party aggrieved by a written decision of the commissioner may appeal such decision to the superior court not later than 20 days from the date 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; however, the court may consider newly discovered evidence. 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 same to the commissioner for further findings. In the absence of a seasonable appeal, the decision and order shall be final.
Source.
1995, 94:6, eff. July 15, 1995.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:21-a - Deductions to Determine Wages.

279:21-a Deductions to Determine Wages. –
For the purposes of employment in the hotel, motel, cabin, tourist home and restaurant industries, an employer shall be entitled to deduct from the minimum wage pursuant to RSA 279:21 allowances for meals and lodging. The maximum amounts of such deductions shall be as follows:
I.
Full Board and Room (Weekly)
$45.00
Full Board and Room (Daily)
6.45
II.
Meals (Weekly)
39.45
Meals (Per Meal)
1.88
III.
Lodging (Weekly)
10.88
Lodging (Daily)
1.80
Source.
1971, 552:3. 1975, 50:1. 1979, 237:1. 1989, 86:2, eff. Jan. 1, 1990.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 279 - Minimum Wage Law › Section 279:22 - Payment of Subminimum Wages.

279:22 Payment of Subminimum Wages. –
Except as provided in RSA 279:22-aa and RSA 279:26-a, no person shall employ any individual with a disability as an employee at an hourly rate lower than that set forth in RSA 279:21.
Source.
1949, 310:1, par. 26. 1953, 232:1, par. 26. RSA 279:22. 1955, 288:1, par. 26. 1957, 311:2. 1959, 275:2. 1967, 440:11, eff. Feb. 1, 1968. 2015, 40:1, eff. July 6, 2015.