275-F:1 Statement of Purpose. – The purpose of this chapter is to protect workers of the state by requiring advance notification of significant employment losses and by providing a means for workers to seek a remedy through administrative procedure. The legislature finds that advance notice of a major employment loss event allows all levels […]
275-F:10 Appeal. – Any party may appeal a finding of employer liability or civil penalty under RSA 541. Source. 2009, 325:1, eff. Jan. 1, 2010.
275-F:11 Notice to Employers. – Before September 30 of each year, the department, with the cooperation of the department of employment security, shall issue a written notice to each employer that the employer may be subject to this chapter and shall advise the employer of the requirements of this chapter and the remedies provided […]
275-F:12 Interpretation. – Whenever possible, this chapter shall be interpreted in a manner consistent with the federal Worker Adjustment and Retraining Notification Act, 29 U.S.C. section 2101 et seq. and the federal regulations and court decisions interpreting that to the extent the provisions of federal and state law are the same. Source. 2009, 325:1, […]
275-F:2 Definitions. – In this chapter: I. " Affected employees " means employees who may reasonably be expected to experience employment loss as a consequence of a proposed plant closing or mass layoff by their employer. II. " Commissioner " means the commissioner of labor acting through the powers and personnel of RSA 273. […]
275-F:3 Notice. – I. No employer shall order a mass layoff or plant closing unless 60 days before the order takes effect the employer gives written notice of the order to: (a) Affected employees and representatives of affected employees; (b) The commissioner, who shall notify additional governmental units as appropriate; (c) The New Hampshire […]
275-F:4 Exceptions. – I. In a mass layoff or plant closing, an employer is not required to comply with the notice requirement of RSA 275-F:3 if: (a) The employer is a faltering company and at the time that notice would have been required, the employer was actively seeking capital in the form of loans, […]
275-F:5 Extension of Layoff Period. – A layoff of more than 6 months which, at its outset, was announced to be a layoff of 6 months or less shall be treated as an employment loss under this chapter unless: I. The extension beyond 6 months is caused by business circumstances, including unforeseeable changes in […]
275-F:6 Determinations With Respect to Employment Loss. – In determining whether a plant closing or mass layoff has occurred or will occur, employment losses for 2 or more groups at a single site of employment, each of which is less than the minimum number of employees specified in RSA 275-F:2, VI or RSA 275-F:2, […]
275-F:7 Authority of the Commissioner. – I. The commissioner shall have the authority to determine any liabilities or civil penalties under RSA 275-F:8 and RSA 275-F:9 and the applicability of any exceptions under RSA 275-F:4. II. The commissioner shall have the authority to examine the books and records of an employer, but only to […]
275-F:8 Liability. – I. Any employer who fails to give notice under RSA 275-F:3 before ordering a mass layoff or plant closing is liable to each employee entitled to notice who lost his or her employment for: (a) Back pay at the average regular rate of compensation received by the employee during the last […]
275-F:9 Civil Penalty. – I. An employer who fails to give notice as required by RSA 275-F:3, I(b) may be assessed a civil penalty of up to $2,500; in addition, such an employer may be assessed a civil penalty of up to $100 per employee for each day of noncompliance. The employer is not […]