275:36 Definitions. – "Employee" as used in this subdivision shall mean any person employed for hire by an employer in any lawful employment, but shall not include persons engaged in domestic service in the home of the employer, or in agricultural service, or in temporary or seasonal employment, or employees of any social club, […]
275:37 Equal Pay. – I. No employer or person seeking employees shall discriminate between employees on the basis of sex by paying employees of one sex at a rate less than the rate paid to employees of the other sex for equal work that requires equal skill, effort, and responsibility and is performed under […]
275:37-a Discrimination on Basis of Using Tobacco Products Prohibited. – No employer shall require as a condition of employment that any employee or applicant for employment abstain from using tobacco products outside the course of employment, as long as the employee complies with any workplace policy, pursuant to RSA 155:51-53 and, when applicable, RSA […]
275:37-b Flexible Working Arrangement. – No employer shall retaliate against any employee solely because the employee requests a flexible work schedule. Nothing in this section shall be construed to require any employer to accommodate a flexible work schedule. Nothing in this section shall be construed to create a cause of action for failure to […]
275:37-c Use of Criminal Records in Employment Decisions. – I. In this section: (a) " Applicant for employment " means any person a public employer or a public employer’s agent considers when identifying potential employees, through any means including, but not limited to, recruitment, solicitation, or seeking personal information, or any person who requests […]
275:37-d Family and Medical Leave Insurance. – If an employer has 50 or more employees and sponsors family and medical leave insurance pursuant to RSA 21-I:99, then any employee of that employer who takes family or medical leave and accesses wage replacement benefits under such family and medical leave insurance coverage shall be restored […]
275:38 Enforcement. – The labor commissioner shall have the power and it shall be his or her duty to enforce the provisions of this subdivision through appropriate actions in response to complaints. Source. 1947, 193:3, eff. July 1, 1947. 2014, 227:2, eff. Jan. 1, 2015.
275:38-a Non-Retaliation Provision. – I. No employer shall discharge or in any other manner discriminate against any employee because he or she: (a) Makes a charge, files any complaint, or institutes or causes to be instituted any investigation, proceeding, hearing, or action under or related to this subdivision, including an investigation conducted by the […]
275:39 Liquidated Damages. – An employer who violates the provisions of RSA 275:37 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in an additional equal amount of liquidated damages. Action to recover such liability may be maintained in any court of competent jurisdiction by any […]
275:4 Definition of Terms. – I. The term " employer " as used in the preceding section shall mean and include an individual, a partnership, an association, a corporation, a legal representative, trustee, receiver, trustee in bankruptcy, and any common carrier by rail, motor, water, air or express company doing business in or operating […]
275:40 Penalties. – Any employer who violates the provisions of RSA 275:37, RSA 275:38-a, or RSA 275:41-b shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person, and notwithstanding RSA 651:2, IV(a), subject to a fine of not more than $2,500. Source. 1947, 193:5. RSA […]
275:41 Limitation of Actions. – Any action to recover unpaid wages and liquidated damages based on violation of RSA 275:37, shall be commenced within 3 years of discovery of the violation. No action brought under this section shall include any violation that occurred more than 4 years prior to the commencement of such action. […]
275:41-a Procedures for Hearings and Appeals. – In a claim under RSA 275:37, the commissioner shall notify the employer by serving a copy of such claim and an order to file with the commissioner within 30 days from the receipt of such notice any objections to such claim specifying the grounds therefor. Service may […]
275:41-b Pay Disclosure. – I. No employer shall require the following as a condition of employment: (a) That an employee refrain from disclosing the amount of his or her wages. (b) That an employee sign a waiver or other document that purports to deny the employee the right to disclose the amount of his […]
275:41-c Pay Equity Information. – The commissioner shall make available on the department of labor website, and through any other forum that the department may use to distribute compensation differentials information, accurate information on compensation differentials, including statistics, explanations of employee rights, historical analyses of such differentials, instructions for employers on compliance, and any […]
275:41-d Notice Required. – The commissioner shall make available on the department of labor website the following notice: "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please […]
275:42 Definitions. – Whenever used in this subdivision: I. The term "employer" includes any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person, except employers of domestic labor in the […]
275:43 Weekly or Biweekly. – I. Every employer shall pay all wages due to employees within 8 days after the expiration of the work week if the employee is paid on a weekly basis, or within 15 days after the expiration of the work week if the employee is paid on a biweekly basis, […]
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 […]
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) […]
