reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:43-a - Required Pay.

275:43-a Required Pay. –
On any day an employee reports to work at an employer's request, he or she shall be paid not less than 2 hours' pay at his or her regular rate of pay; provided, however, that this section shall not apply to employees of counties or municipalities. This section shall also not apply to ski and snowboard instructional employees at ski resorts, provided that these employees receive other compensation that is at least equal to their rate of pay. No employer who makes a good faith effort to notify an employee not to report to work shall be liable to pay wages under this section. However, if the employee reports to work after the employer's attempt to notify him or her has been unsuccessful or if the employer is prevented from making notification for any reason, the employee shall perform whatever duties are assigned by the employer at the time the employee reports to work.
Source.
1985, 223:1, eff. July 30, 1985. 2016, 316:2, eff. Nov. 1, 2016. 2021, 23:1, eff. July 5, 2021.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:43-b - Payment of Salaried Employees.

275:43-b Payment of Salaried Employees. –
I. A salaried employee shall receive full salary for any pay period in which such employee performs any work without regard to the number of days or hours worked; provided, however, a salaried employee may not be paid a full salary in each of the following instances:
(a) Any pay period in which such employee performs no work.
(b) When an employee receives a disciplinary suspension without pay in accordance with the Fair Labor Standards Act, as amended, for any portion of a pay period, and written notification is given to the employee, at least one pay period in advance, in accordance with a written progressive disciplinary policy, plan or practice and the suspension is in full day increments.
(c) If an unpaid leave of absence for a salaried employee is allowed pursuant to a written bona fide plan, policy or practice for absences, of a full day or more, of an employee caused by bereavement leave.
(d) Any portion of a work day or pay period for leave taken under, and in accordance with, the federal Family and Medical Leave Act of 1993, as amended, if written notification from the employer stating the reason for such leave is given to the employee and placed in the employee's personnel file.
(e) If the salaried employee voluntarily, without coercion or pressure, requests time off without pay for any portion of a pay period, after the employee has exhausted any leave time pursuant to a written bona fide leave plan, practice or policy and such leave time requested by the employee is granted by the employer.
II. Employers may prorate salary to a daily basis when a salaried employee is hired after the beginning of a pay period, terminates of his own accord before the end of a pay period, or is terminated for cause by the employer.
III. The employer may offset any amounts received by a salaried employee for jury duty or witness fees or military pay for a particular pay period, against the salary due for that pay period pursuant to a written bona fide leave plan, practice or policy.
Source.
1994, 290:4. 2004, 145:1, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:43-c - Required Premium Only; Cafeteria Plan.

275:43-c Required Premium Only;  Cafeteria Plan. –
Each small employer, as that term is defined in RSA 420-G:2, XVI, which employs 2 or more employees in the state of New Hampshire and which does not offer employer-sponsored health insurance to all of its employees, may establish and maintain a health coverage premium only cafeteria plan that satisfies the requirements of 26 U.S.C. section 125, and which is specifically established for the purpose of allowing employees who are not eligible for employer-sponsored coverage to purchase health coverage as defined in RSA 420-G:2, IX in the small group market. An employee who works over 15 hours per week and who is not eligible for an employer-sponsored plan may elect to purchase small group health coverage on an individual basis through a payroll deduction. The employer shall not be required to pay for or otherwise contribute to the cost of any health insurance purchased through the cafeteria plan.
Source.
2010, 204:1, eff. Aug. 21, 2010.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:44 - Employees Separated From Payroll Before Pay Days.

275:44 Employees Separated From Payroll Before Pay Days. –
I. Whenever an employer discharges an employee, the employer shall pay the employee's wages in full within 72 hours.
II. Whenever an employee quits or resigns, the employer shall pay the employee's wages no later than the next regular payday, as provided under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period's notice of intention to quit the employer shall pay all wages earned by the employee within 72 hours.
III. When work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the employer shall pay in full to such employee not later than the next regular payday, as designated under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.
IV. If an employer willfully and without good cause fails to pay an employee wages as required under paragraphs I, II or III of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of 10 percent of the unpaid wages for each day except Sunday and legal holidays upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller; except that, for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of filing of a petition in bankruptcy with respect to the employer if he is adjudicated bankrupt upon such petition.
V. Regardless of the reason for an employee's termination of employment the employer shall pay to the appropriate administrator or other designated officials all wages in the nature of hourly health and welfare fund or pension fund contributions due with respect to such employee at the time of the next succeeding payment date applicable to such contributions.
Source.
1887, 26:4. PS 180:23. PL 176:27. RL 212:16. RSA 275:44. 1963, 237:3. 1967, 398:3, eff. Sept. 1, 1967.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:45 - Unconditional Payment of Wages Conceded to be Due.

275:45 Unconditional Payment of Wages Conceded to be Due. –
I. In case of a dispute over the amount of wages, the employer shall pay, without condition and within the time set by this subdivision, all wages, or parts thereof, conceded by him to be due, leaving to the employee all remedies he might otherwise be entitled to, including those provided under this subdivision, as to any balance claimed.
II. The acceptance by an employee of a payment under this section shall not constitute a release as to the balance of his claim and any release required by an employer as a condition of payment shall be in violation of this subdivision and shall be null and void.
Source.
1937, 94:1. RL 212:17. RSA 275:45. 1963, 237:3, eff. Aug. 31, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:46 - Prime Contractor's Responsibility for Wage Payments.

275:46 Prime Contractor's Responsibility for Wage Payments. –
Whenever any person shall contract with another for the performance of any work which the contracting person has undertaken to perform on a common site or location, he shall become civilly liable to employees engaged in the performance of work under such contract for the payment of wages, exclusive of liquidated damages, as required by RSA 275:43, 44 and 45, whenever and to the extent that the employer of such employees fails to pay such wages, and the employer of such employees shall be liable to such person for any wages paid by him under this section.
Source.
1887, 26:2. PS 180:22. 1921, 68:2. PL 176:28. 1935, 69:2; 102:1. RL 212:18. RSA 275:46. 1963, 237:3, eff. Aug. 31, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:47 - Deceased Employees.

275:47 Deceased Employees. –
I. In the event of the death of an employee, wages due him by an employer not in excess of $300 may upon proper demand be paid, in the absence of actual notice of the pendency of probate proceedings, without requiring letters testamentary or of administration in the following order of preference to descendants: In accordance with the laws of intestacy for the state of New Hampshire.
II. Payments under paragraph I shall be a release and discharge of the employer to the amount of such payment.
Source.
1935, 102:2. RL 212:19. RSA 275:47. 1963, 237:3, eff. Aug. 31, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:48-a - Rule Against Perpetuities.

275:48-a Rule Against Perpetuities. –
A trust created by an employer as part of a stock bonus, pension, disability, death benefit or profit-sharing plan for the exclusive benefit of some or all of his employees, to which contributions are made by the employer or employees, or both, for the purpose of distributing to the employees the earnings or the principal, or both earnings and principal, of the fund held in trust, may continue in perpetuity or for such time as may be necessary to accomplish the purpose for which it is created, and shall not be invalid as violating any rule of law against perpetuities or suspension of the power of alienation of the title to the property. This section shall apply to all such trusts whether in existence on July 1, 1967 or established after said date.
Source.
1967, 195:1, eff. July 1, 1967.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:49 - Notification, Posting, and Records.

275:49 Notification, Posting, and Records. –
Every employer shall:
I. Notify the employees, at the time of hiring of the rate of pay, and of the day and place of payment;
II. Notify his or her employees of any changes in the arrangements specified above prior to the time of such changes, provided however that there shall be no penalty for failure to provide notification to an employee concerning changes to the minimum hourly rate pursuant to RSA 279:21;
III. Make available to his or her employees in writing or through a posted notice maintained in a place accessible to his or her employees employment practices and policies with regard to vacation pay, sick leave, and other fringe benefits;
IV. Furnish each employee with a statement of deductions made from his or her wages under RSA 275:48 for each pay period such deductions are made;
V. Keep posted in a place accessible to his or her employees an abstract of this subdivision furnished by the commissioner which shall include information about the criteria for classifying an employee as an employee or as an independent contractor;
VI. Make such records of the persons employed by him or her, including wage and hour records, preserve such records for 3 years, and make such reports therefrom to the commissioner, as are required in statute for the enforcement of the provisions of this subdivision; and
VII. Post and make available to his or her employees the following: "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor." This notice shall also include the address, phone number, and email address of department personnel to be contacted with complaints under this subdivision, as well as an Internet link to RSA 275:37.
Source.
1935, 69:3. RL 212:40. RSA 275:49. 1963, 237:3. 2007, 135:1, eff. Aug. 17, 2007. 2014, 227:7, eff. Jan. 1, 2015. 2018, 312:4, 5, eff. June 25, 2018.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:50 - Waiver Prohibited.

275:50 Waiver Prohibited. –
I. Except as provided in RSA 275:53, no provision of this subdivision may in any way be contravened or set aside by private agreement.
II. Except as provided in RSA 279, an employer and employee may not enter into any agreement, whether written, oral or other, that work may be performed for less than the applicable minimum wage.
Source.
1939, 112:1. RL 212:41. 1963, 237:3. 1997, 226:3, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:52 - Penalties.

275:52 Penalties. –
Any employer who wilfully violates any provision of RSA 275:43 or 44, or who wilfully fails to comply with any other requirement of this chapter shall be guilty of a misdemeanor.
Source.
1963, 237:4. 1973, 528:168, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:52-a - Penalty for Failure to Pay Health and Welfare Pension Fund Contributions.

275:52-a Penalty for Failure to Pay Health and Welfare Pension Fund Contributions. –
In addition to any other penalty or punishment otherwise provided for by law, any person or employer, who is a party to a health and welfare fund trust agreement, a pension fund trust agreement, or any other such agreement, whereby he agrees to pay or provide the contributions required by any such agreement, and who refuses or wilfully fails or grossly neglects to pay such contributions or payments within 30 days after such payments are required to be made, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1967, 309:1. 1973, 528:169, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:53 - Employees' Remedies.

275:53 Employees' Remedies. –
I. Action by an employee to recover unpaid wages and/or liquidated damages may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves, or such employee or employees may designate an agent or representative to maintain such action.
II. Whenever the commissioner determines that wages have not been paid, and that such unpaid wages constitute an enforceable claim, the commissioner may upon the request of the employee take an assignment in trust for such wages and/or any claim for liquidated damages, without being bound by any of the technical rules respecting the validity of any such assignments and may bring any legal action necessary to collect such claim. With the consent of the assigning employee at the time of the assignment the commissioner shall have the power to settle and adjust any such claim to the same extent as might the assigning employee.
III. The court in any action brought under this subsection may, in addition to any judgment awarded to the plaintiff or plaintiffs, allow costs of the action, and reasonable attorney's fees, to be paid by the defendant. Such attorney's fees in the case of actions brought under this subsection by the commissioner shall be remitted by the commissioner to the state treasurer. The commissioner shall not be required to pay the filing fee or other costs or fees of any nature or to file bond or other security of any nature in connection with such action or proceedings supplementary thereto, or as a condition precedent to the availability to the commissioner of any process in aid of such action or proceedings. The commissioner shall have power to join various claimants in one preferred claim or lien, and in case of suit to join them in one cause of action.
Source.
1963, 237:4. 1975, 355:7, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:54 - Rules and Regulations.

275:54 Rules and Regulations. –
The commissioner is authorized to issue such rules and regulations as he determines necessary for the purpose of carrying out the provisions of this subdivision.
Source.
1963, 237:4, eff. Aug. 31, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:55 - Separability of Provisions.

275:55 Separability of Provisions. –
If any provision of this subdivision, or the application thereof to any person or circumstance, is held invalid, the remainder of the subdivision, and the application of such provision to other persons or circumstances shall not be affected thereby.
Source.
1963, 237:4, eff. Aug. 31, 1963.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:56 - Employee Access to Personnel Files.

275:56 Employee Access to Personnel Files. –
I. Except as provided in paragraph III, every employer shall provide a reasonable opportunity for any employee who so requests to inspect such employee's personnel file and further, upon request, provide such employee with a copy of all or part of such file. An employer may only charge the employee a fee reasonably related to the cost of supplying the requested documents.
II. If, upon inspection of his personnel file, an employee disagrees with any of the information contained in such file, and the employee and employer cannot agree upon removal or correction of such information, then the employee may submit a written statement explaining his version of the information together with evidence supporting such version. Such statement shall be maintained as part of the employee's personnel file and shall be included in any transmittal of the file to a third party and shall be included in any disclosure of the contested information made to a third party.
III. The provisions of this section shall not require the disclosure of:
(a) Information in the personnel file of a requesting employee who is the subject of an investigation at the time of his request if disclosure of such information would prejudice law enforcement; or
(b) Information relating to a government security investigation.
IV. Health, fitness, lifestyle, and other information obtained from employees by their employer or the employer's agents for purposes of providing employees with a health risk assessment or other wellness program shall not be considered personnel records, shall not be retained in an employee personnel file, and shall be inadmissible in any proceedings under RSA 281-A.
Source.
1983, 408:1. 2007, 263:159, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:57 - Reimbursement of Employee Expenses.

275:57 Reimbursement of Employee Expenses. –
I. An employee who incurs expenses in connection with his or her employment and at the request of the employer, except those expenses normally borne by the employee as a precondition of employment, which are not paid for by wages, cash advance, or other means from the employer, shall be reimbursed for the payment of the expenses within 30 days of the presentation by the employee of proof of payment.
II. Enforcement and administration of this section by the department shall be as provided for wage claims under RSA 275:51.
III. An action by an employee to recover unreimbursed expenses may be maintained in any court of competent jurisdiction by any one or more employees for and in behalf of himself or herself, or themselves, or such employee or employees may designate an agent or representative to maintain such action.
IV. An employer who willfully violates the provisions of this section may be assessed interest and a civil penalty of up to $1,000 per violation, which shall be deposited into the department of labor restricted fund established in RSA 273:1-b.
V. The commissioner shall adopt rules under RSA 541-A necessary for the administration of this section.
Source.
2000, 167:1, eff. Jan. 1, 2001. 2011, 224:59, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:58 - Definition.

275:58 Definition. –
In this subdivision, "sharp" means any object used or encountered by a health care worker that can be reasonably anticipated to penetrate the skin or any other part of the body and result in an exposure incident, including but not limited to, needles, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills and burs.
Source.
2000, 183:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:60 - Rulemaking.

275:60 Rulemaking. –
The commissioner, in consultation with the commissioner of health and human services, shall adopt rules, pursuant to RSA 541-A, to protect health care workers in the public sector from occupational exposure to blood or other potentially infectious materials. These rules shall not be inconsistent with the bloodborne pathogen regulations adopted for the private sector by the Occupational Safety and Health Administration within the United States Department of Labor.
Source.
2000, 183:1, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:61 - Definitions.

275:61 Definitions. –
In this subdivision:
I. "Crime" means an offense designated by law as a felony or a misdemeanor.
II. "Employee" means employee as defined in RSA 275:4.
III. "Employer" means employer as defined in RSA 275:4, provided that for the purposes of this subdivision, an employer shall have 25 or more employees for each working day in each of 20 or more calendar weeks during any calendar year.
IV. "Immediate family" means the father, mother, stepparent, child, stepchild, sibling, spouse, grandparent, or legal guardian of the victim; or any person involved in an intimate relationship and residing in the same household with the victim.
V. "Victim" means any person who suffers direct or threatened physical, emotional, psychological, or financial harm as a result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim.
Source.
2005, 109:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:62 - Right to Leave Work.

275:62 Right to Leave Work. –
I. Pursuant to the rights of crime victims under RSA 21-M:8-k, II(e), an employer shall permit an employee who is a victim of a crime to leave work so that the employee may attend court or other legal or investigative proceedings associated with the prosecution of the crime.
II. An employer shall not discharge an employee who is a victim of a crime because the employee exercises his or her right to leave work pursuant to this subdivision.
III. An employer shall not be required to compensate an employee who is a victim of a crime and who exercises his or her rights under this subdivision.
IV. An employee who leaves work pursuant to this subdivision may elect to use, or an employer may require the employee to use, the employee's accrued paid vacation time, personal leave time, or sick leave time.
V. An employee shall not lose seniority while absent from his or her employment under this subdivision.
VI. Before an employee may leave work under this subdivision, he or she shall provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.
VII. An employer shall maintain the confidentiality of any written documents or records submitted by an employee relative to the employee's request to leave work under this subdivision.
Source.
2005, 109:1, eff. Jan. 1, 2006. 2020, 24:9, eff. Sept. 18, 2020.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:63 - Limitations on Leave.

275:63 Limitations on Leave. –
An employer may limit the leave provided under this subdivision if the employee's leave creates an undue hardship to the employer's business. In this section "undue hardship" means a significant difficulty and expense to a business, and includes the consideration of the size of the employer's business, the employee's position and role within the business, and the employer's need for the employee.
Source.
2005, 109:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:64 - Discrimination Prohibited.

275:64 Discrimination Prohibited. –
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 exercised his or her right to leave work as provided under this subdivision.
Source.
2005, 109:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:65 - Penalty.

275:65 Penalty. –
Any employer violating any provision of this subdivision shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.
Source.
2005, 109:1, eff. Jan. 1, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:66 - Leave Authorized in a State of Emergency.

275:66 Leave Authorized in a State of Emergency. –
I. When the governor or the general court declares a state of emergency under RSA 4:45, a member of a fire department, rescue squad, or emergency medical services agency who is called into service of the state or a political subdivision shall have the right to take leave without pay from his or her place of employment to respond to the emergency. No employer shall require an employee to use or exhaust his or her vacation or other accrued leave for the period of emergency service. The employee may choose to take vacation or other accrued leave for the period of emergency service.
II. A firefighter, rescue squad member, or emergency medical services member shall be called into service of the state or a political subdivision for purposes of this subdivision when his or her services are requested in writing by the director of emergency services, communications, and management or by the head of a local organization for emergency management established under RSA 21-P:39. The request shall be directed to the chief of the member's fire department, rescue squad, or emergency medical services agency and a copy shall be provided to the member's employer.
III. An employer may certify to the director of emergency services, communications, and management or to the head of the local emergency management agency that the employee is essential to the employer's own emergency or disaster relief activities. Such certification shall exempt an employee from the provisions of this subdivision.
Source.
2006, 304:1, eff. June 19, 2006.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:67 - Prohibited Overtime.

275:67 Prohibited Overtime. –
I. A registered nurse, licensed practical nurse, or a licensed nursing assistant licensed under RSA 326-B shall not be disciplined, or lose any right, benefit, or privilege for refusing to work more than 12 consecutive hours, except as provided in paragraph II. A nurse may be disciplined for refusing mandatory overtime in a case when overtime is required under paragraph II. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this subdivision, shall be allowed at least 8 consecutive hours of off-duty time immediately following the worked overtime.
II. The prohibition against mandatory overtime shall not apply to:
(a) A nurse participating in surgery, until the surgery is completed;
(b) A nurse working in a critical care unit, until another employee beginning a scheduled work shift relieves him or her;
(c) A nurse working in a home health care setting, until another qualified nurse or customary caregiver relieves him or her;
(d) A public health emergency; or
(e) A nurse covered by a collective bargaining agreement containing provisions addressing the issue of mandatory overtime.
Source.
2007, 353:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:68 - Special Agreement.

275:68 Special Agreement. –
Employers shall be exempted from the provisions of RSA 275:67 by written agreement between the employer and employee, made without coercion or pressure, provided the agreement is submitted to the commissioner of the department of labor. The agreement may be terminated by the employee by written notice to the employer and the commissioner of the department of labor. Said termination shall be effective 14 days after notice is provided.
Source.
2007, 353:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:69 - Penalties.

275:69 Penalties. –
Any employer who willfully violates any provision of this subdivision shall be subject to a civil penalty under RSA 273:11-a.
Source.
2007, 353:1, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:70 - Noncompete Agreements.

275:70 Noncompete Agreements. –
Any employer who requires an employee who has not previously been employed by the employer to execute a noncompete agreement as a condition of employment shall provide a copy of such agreement to the potential employee prior to the employee's acceptance of an offer of employment. A noncompete agreement that has not been disclosed to an employee as required by this section shall not be enforceable against the employee, but all other provisions of any employment, confidentiality, nondisclosure, trade secret, intellectual property assignment, or any other type of employment agreement or provision shall remain in full force and effect.
Source.
2012, 70:1, eff. July 14, 2012. 2014, 289:2, eff. July 28, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:70-a - Noncompete Agreements for Low-Wage Employees Prohibited.

275:70-a Noncompete Agreements for Low-Wage Employees Prohibited. –
I. In this section:
(a) "Employer" shall have the same meaning as in RSA 279:1, XI.
(b) "Low-wage employee" means an employee who earns an hourly rate less than or equal to 200 percent of the federal minimum wage.
(c) "Noncompete agreement" means an agreement between an employer and a low-wage employee that restricts such low-wage employee from performing:
(1) Work for another employer for a specified period of time;
(2) Work in a specified geographical area; or
(3) Work for another employer that is similar to such low-wage employee's work for the employer who is a party to the agreement.
II. (a) No employer shall require a low-wage employee to enter into a noncompete agreement.
(b) A noncompete agreement entered into between an employer and a low-wage employee shall be void and unenforceable.
Source.
2019, 201:1, eff. Sept. 8, 2019.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:71 - Prohibited Conduct by Employer.

275:71 Prohibited Conduct by Employer. –
It is an unlawful employment practice for an employer to:
I. Refuse to hire an otherwise qualified individual because the individual is a victim of domestic violence, harassment, sexual assault, or stalking.
II. Discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an individual with regard to promotion, compensation or other terms, conditions, or privileges of employment because the individual is a victim of domestic violence, harassment, sexual assault, or stalking.
Source.
2014, 208:1, eff. Sept. 9, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:72 - Penalty.

275:72 Penalty. –
Any employer who violates this subdivision shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.
Source.
2014, 208:1, eff. Sept. 9, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:73 - Definition.

275:73 Definition. –
In this subdivision, "personal account" means an account, service, or profile on a social networking website that is used by a current or prospective employee primarily for personal communications unrelated to any business purposes of the employer. This definition shall not apply to any account, service, or profile created, maintained, used, or accessed by a current or prospective employee for business purposes of the employer or to engage in business-related communications.
Source.
2014, 305:1, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:74 - Use of Social Media and Electronic Mail.

275:74 Use of Social Media and Electronic Mail. –
I. No employer shall request or require that an employee or prospective employee disclose login information for accessing any personal account or service through an electronic communication device.
II. No employer shall compel an employee or applicant to add anyone, including the employer or the employer's agent, to a list of contacts associated with an electronic mail account or personal account or require an employee or applicant to reduce the privacy settings associated with any electronic mail or personal account that would affect a third party's ability to view the contents of the account.
III. No employer shall take or threaten to take disciplinary action against any employee for such employee's refusal to comply with a request or demand by the employer that violates this subdivision.
IV. Nothing in this subdivision shall limit an employer's right to:
(a) Adopt and enforce lawful workplace policies governing the use of the employer's electronic equipment, including policies regarding Internet use, social networking site use, and electronic mail use.
(b) Monitor usage of the employer's electronic equipment and electronic mail.
(c) Request or require an employee to disclose login information for access to:
(1) An account or service provided by virtue of the employee's employment relationship with the employer; or
(2) An electronic communications device or online account paid for or supplied by the employer.
V. If, through the use of an electronic device or program that monitors an employer's network or the use of employer provided devices, an employer inadvertently receives an employee's password, or other authentication information, the employer is not liable for having this information, but shall not use this information to access an employee's personal accounts.
VI. Nothing in this section shall prohibit an employer from:
(a) Obtaining information about an employee or prospective employee that is in the public domain;
(b) Conducting an investigation:
(1) To ensure compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct based on information about activity on an employee's personal account or service received from an employee or other source.
(2) Of an employee's actions based on the receipt of specific information about the unauthorized transfer of an employer's proprietary information, confidential information, or financial data to a personal online account or service by an employee or other source.
VII. In any investigation conducted under paragraph VI, the employer may require the employee's cooperation to share only the content that has been received by the employer, in order to make a factual determination.
VIII. Nothing in this section shall be construed to prevent an employer from complying with the requirements of state or federal statutes, rules or regulations, case law, or rules of self-regulatory organizations.
Source.
2014, 305:1, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:75 - Penalty.

275:75 Penalty. –
Any employer violating RSA 275:74 shall be subject to a civil penalty, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. An employer aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-c.
Source.
2014, 305:1, eff. Sept. 30, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:78 - Definitions.

[RSA 275:78 effective July 1, 2025.]
275:78 Definitions. –
In this subdivision:
I. "Employee" shall mean a person who may be permitted, required, or directed by an employer in consideration of direct or indirect gain or profit, but shall not include any individual who volunteers services for a public, charitable, or religious facility without expectation or promise of pay.
II. "Employer" shall mean a person, partnership, association, corporation, or legal representative of a person, partnership, association, or corporation, or the state or any of its political subdivisions, which has 6 or more employees working in the state.
III. "Expression of milk" means the initiation of lactation by manual or mechanical means, but shall not include breastfeeding.
IV. "Reasonable break period" shall mean an unpaid break of approximately 30 minutes for every 3 hours of work performed by a nursing employee for the purpose of expressing milk.
V. "Undue hardship" shall mean any action that requires significant difficulty or expense when considered in relation to factors such as the size of the business, its financial resources and the nature and structure of its operation.
Source.
2023, 191:20, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:79 - Notification of Policies.

[RSA 275:79 effective July 1, 2025.]
275:79 Notification of Policies. –
I. Every employer shall adopt a policy to address the provision of sufficient space and reasonable break periods for nursing employees that need to express milk during working hours.
II. Every employer shall, at the time of hire, make available to its employees the employer's policy related to expression of milk during working hours.
III. A nursing employee shall notify its employer at least 2 weeks prior to needing reasonable break periods and sufficient space for expression of milk during work hours; provided that such notice shall comply with the employer's policies.
Source.
2023, 191:20, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:80 - Sufficient Space.

[RSA 275:80 effective July 1, 2025.]
275:80 Sufficient Space. –
I. Every employer shall provide access to reasonable, sufficient space, either temporary or permanent in nature, for the use of an employee to express milk for a nursing child for a period of one year from the date of birth of the child.
II. The location of the space provided shall be within a reasonable walk of the employee's worksite, unless otherwise mutually agreed to by the employer and employee.
III. Sufficient space provided in accordance with this section shall not be a bathroom, and shall be a clean space shielded from view and free from intrusion from coworkers and the public.
(a) If the space is not solely for the use of employees expressing milk it shall be made available when requested to comply with the requirements set forth in this subdivision.
(b) If feasible, the room shall have, at a minimum, an electrical outlet and a chair.
Source.
2023, 191:20, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:81 - Reasonable Break Period.

[RSA 275:81 effective July 1, 2025.]
275:81 Reasonable Break Period. –
I. Every employer shall provide reasonable break periods to employees who need to express milk for a child for a period of one year from the date of birth of the child. Nothing in this section shall preclude an employer from negotiating with an employee reasonable break periods to express milk that are different from the requirements in this subdivision.
II. Nothing under this subdivision shall preclude an employee from taking a reasonable break period contemporaneously with break or meal periods already provided to the employee by the employer.
III. An employer shall not require an employee to make up time related to use of unpaid reasonable break periods.
Source.
2023, 191:20, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:82 - Penalties.

[RSA 275:82 effective July 1, 2026.]
275:82 Penalties. –
Any employer who violates any provision of this subdivision shall be subject to a one-time civil penalty pursuant to RSA 273:11-a.
Source.
2023, 191:20, eff. July 1, 2026.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275 - Protective Legislation › Section 275:83 - Hardship Exemption.

[RSA 275:83 effective July 1, 2025.]
275:83 Hardship Exemption. –
An employer may be exempted from this subdivision if providing reasonable break time and sufficient space for expressing milk would impose an undue hardship to the employer's operations.
Source.
2023, 191:20, eff. July 1, 2025.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:1 - Employment of Certain Persons Prohibited.

275-A:1 Employment of Certain Persons Prohibited. –
A person, partnership, firm, or corporation, or officer or agent thereof, involved in a strike or lock-out, shall not knowingly employ in the place of an employee involved in a strike or lock-out, any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor strike, lock-out, or labor dispute.
Source.
1965, 130:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:2 - Professional Strikebreakers.

275-A:2 Professional Strikebreakers. –
A person who customarily and repeatedly offers himself for employment in the place of employees involved in a strike, lock-out, or labor dispute shall not take or offer to take the place in employment of employees involved in a strike, lock-out, or labor dispute.
Source.
1965, 130:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:3 - Persons Unaware of Labor Dispute.

275-A:3 Persons Unaware of Labor Dispute. –
An employer shall not hire for work in a plant currently involved in a strike, lock-out, or labor dispute an employee who, to the employer's knowledge, is unaware of the existence of the strike, lock-out, or labor dispute. An employment agency shall not refer persons to employment in a plant currently involved in a strike, lock-out, or labor dispute without adequate notice to such persons that there is a strike, lock-out, or labor dispute in the plant at which the employment is offered.
Source.
1965, 130:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:4 - Professional Pickets.

275-A:4 Professional Pickets. –
A person shall not act as a picket for compensation in connection with any strike, lock-out, or labor dispute in any trade or industry unless he is normally and customarily employed in such trade or industry.
Source.
1965, 130:1, eff. Aug. 1, 1965.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:4-a - Employment of Undocumented Workers Prohibited.

275-A:4-a Employment of Undocumented Workers Prohibited. –
No employer may employ any employee without obtaining documentation showing the employee's eligibility to work in the United States. The employer shall maintain such documentation for the period required by federal law. Acceptable documentation of eligibility to work in the United States shall include documents required by federal law or supporting documentation that satisfies the requirement of federal law.
Source.
1976, 31:1, eff. July 25, 1976. 2014, 123:1, eff. Aug. 15, 2014.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:4-b - Misuse of Social Security Numbers.

275-A:4-b Misuse of Social Security Numbers. –
I. Any person whose social security number has been used by another for identification purposes shall have a civil cause of action against:
(a) The person who misused the number with fraudulent intent.
(b) Any individual who knowingly supplied or aided in obtaining false social security documentation.
(c) Any employer who knows the documentation is false.
II. Any employer who receives verification of the employee's eligibility to work from the Social Security Administration, E-Verify, or any other reputable organization providing a verification service shall be deemed to have exercised reasonable care and shall have an affirmative defense to the cause of action.
III. Damages awarded by the court shall be treble damages or $10,000, whichever is greater, plus reasonable attorney's fees and any costs incurred to correct the records of the aggrieved party.
Source.
2012, 244:1, eff. Aug. 17, 2012.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-A - Citizens Job Protection › Section 275-A:5 - Penalties.

275-A:5 Penalties. –
Any person, partnership, agency, firm, or corporation violating any provision of RSA 275-A shall be subject to a civil penalty of up to $2,500 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-b.
Source.
1965, 130:1. 1973, 528:170. 1976, 31:2. 1991, 181:2. 2006, 128:1, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title XXIII - Labor › Chapter 275-C - Governor's Commission on Disability › Section 275-C:1 - Definitions.

275-C:1 Definitions. –
As used in this chapter:
I. "Commission" means the governor's commission on disability.
II. "Person with a disability" means one who has a physical or mental impairment that substantially limits one of 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, 545:1. 1990, 140:1, 2, II, eff. June 18, 1990. 2018, 79:1, eff. May 25, 2018.