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.
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 […]
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 […]
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 […]
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 […]
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.
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, […]
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, […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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.
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.
277-B:5 License Application and Fees. – I. Every applicant for an initial employee leasing company license shall file with the commissioner a completed application on a form prescribed by the commissioner with a non-refundable application fee of $100. Every applicant for a renewal license shall file with the commissioner a completed application at least […]
277-B:6 Employee Leasing Company License; Financial Assurances Required. – I. Every application for issuance or renewal of a license as an employee leasing company shall be accompanied by an audited financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles. Such statement shall show a minimum working capital […]
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 […]
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 […]
