New Hampshire

 


In this chapter: I. Board means the public employee labor relations board created by RSA 273-A:2. II. Board of the public employer means the executive body of the public employer, such as...


I. There is hereby created a public employee labor relations board consisting of 5 members, appointed by the governor and council. Two members shall be appointed who shall have...

I. No board member shall participate in any case or issue before the board in which he has a potential conflict of interest. A conflict of interest shall include any case or action in which...


I. It is the obligation of the public employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith. Good...


Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. ...


I. It shall be a prohibited practice for any public employer: (a) To restrain, coerce or otherwise interfere with its employees in the exercise of the rights conferred by this chapter;...


I. The board or its designee shall determine the appropriate bargaining unit and shall certify the exclusive representative thereof when petitioned to do so under RSA 273-A:10. In making...


I. All cost items and terms and conditions of employment affecting state employees in the classified system generally shall be negotiated by the state, represented by the governor as...


I. All cost items and terms and conditions of employment affecting judicial employees generally shall be negotiated by the unified court system, represented by the chief justice of the...


I. If a petition is filed by: (a) At least 30 percent of the employees in the bargaining unit seeking recognition, alleging that they wish to be represented in collective bargaining by...


I. Whenever the parties request the board's assistance or have bargained to impasse, or if the parties have not reached agreement on a contract within 60 days, or in the case of state employees...


Strikes and other forms of job action by public employees are hereby declared to be unlawful. A public employer shall be entitled to petition the superior court for a temporary restraining...


Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541. ...


Actions by or against the exclusive representative of a bargaining unit may be brought, without respect to the amount of damages, in the superior court of the county in which it is...


I. A copy of all agreements reached as a result of collective bargaining under this chapter shall be filed with the board by the parties within 14 days after execution of said agreement. II....

The board is authorized to receive any gifts, grants, or donations and to disburse and expend such gifts, grants, and donations. ...



I. The National Labor Relations Board has declined to exercise jurisdiction over employers who are licensed to operate race tracks. The general court hereby declares that employees of...


The board shall have jurisdiction, subject to the provisions of this chapter, over employers and employees as defined in RSA 273-C:2, who, but for an express declination by the federal...


It is the obligation of the employer and the employee organization certified by the board as the exclusive representative of the bargaining unit to negotiate in good faith. Good...


Every agreement negotiated under the terms of this chapter shall be reduced to writing and shall contain workable grievance procedures. ...


I. The board shall have primary and exclusive jurisdiction of all violations of RSA 273-C:6. II. Complaints shall be filed by affidavit. A copy of the complaint shall be given to the...


The board shall petition the superior court for the county in which the party sought to be enjoined is principally located for such order of the court as may be necessary to compel obedience to...

I. If a petition is filed by: (a) At least 30 percent of the employees in the bargaining unit seeking recognition, alleging that they wish to be represented in collective bargaining by...


I. Employers shall extend the following rights to the exclusive representative of a bargaining unit certified under RSA 273-C:10 or as set forth in RSA 273-C:9, IV: (a) The right to...


The board may adopt rules, under RSA 541-A, relative to carrying out the provisions of this chapter and may conduct such studies as may be necessary to carry out the provisions of this chapter. ...


Any person aggrieved by a final order of the board granting or denying in whole or in part the relief sought may obtain review of such order in the manner prescribed in RSA 541. ...


I. A copy of all agreements reached as a result of collective bargaining under this chapter shall be filed with the board by the parties within 14 days after execution of such an agreement....


There shall be a department of labor under the executive direction of a labor commissioner who shall be appointed by the governor, with the advice and consent of the council. Subject to the...


The commissioner shall hold office for 3 years from the date of his appointment and until his successor shall be appointed and qualified, and may be removed for cause by the governor, with...


Any vacancy existing in the office of commissioner shall be filled for the unexpired term by the governor, with the advice and consent of the council. ...


The salary of the commissioner shall be that prescribed by RSA 94:1-4, and his actual expenses incurred in the work of his office shall be paid on duly detailed vouchers approved by the governor. ...


I. There is hereby established within the department of labor the division of workers' compensation under the supervision of a classified director of workers' compensation who shall be under...


The division of workers' compensation shall include the following internal organization units: I. The bureau of rehabilitation management coordination. II. The bureau of case dispute...


The records of said department of labor shall be public records open to the inspection of any person interested. ...


The commissioner may periodically destroy pursuant to RSA 8-B reports, records and other documents which are, in his opinion, no longer of any value to the state. ...


The commissioner shall appoint a deputy labor commissioner. Said deputy shall exercise the powers and perform the duties of the commissioner whenever the labor commissioner is...


The salary of the deputy labor commissioner shall be that as fixed by RSA 94:1. ...


The commissioner shall, at such times as he shall deem it necessary, and without notice, visit the manufacturing, mechanical and mercantile establishments in the state, so far as practicable,...

 


Whenever the commissioner deems it necessary, the commissioner may investigate and may prosecute any offenses against the laws under the commissioner's jurisdiction. The commissioner may, with...

I. In addition to any criminal penalty provided under this title, the commissioner may, after hearing, impose a civil penalty not to exceed $ 1,000, as determined by the commissioner, for...


I. There is hereby created a penalty appeal board which shall hear appeals from penalties imposed by the commissioner pursuant to RSA 273:11-a and RSA 275-A:5. II. The board shall be composed of...


I. A person on whom the commissioner has imposed a penalty pursuant to RSA 273:11-a may appeal by filing a notice of appeal with the penalty appeal board within 15 business days after...


I. A person who has appealed to the penalty appeal board and who is aggrieved by a final decision of the board may appeal that decision to the supreme court, but only if the notice of that...



There shall be a state board of conciliation and arbitration consisting of 3 members and 3 alternates. The governor, with the advice and consent of the council, shall annually, in June,...


Each member shall be sworn before entering upon the duties of his office. The board shall choose from its members a chairman, who shall preside at its meetings. ...



The board shall have a seal which shall be like the seal of the state, except that the device thereon shall be surrounded by the words N.H. State Board of Conciliation and Arbitration, and...


Where conflict of interests prevents either employer or labor representative from serving on any case, upon written agreement of the representatives of the employer and employees involved in...

Whenever any controversy or difference arises relating to the conditions of employment or rates of wages between any employer, whether resident or non-resident, and his employees, such...


Said application shall be signed by the employer or by a majority of his employees in the department of the business in which the controversy or difference exists, or their duly authorized...


Neither the proceedings, nor any part thereof, before the labor commissioner by virtue of the foregoing provisions of this subdivision shall be received in evidence for any purpose in any...


Whenever in such case the employer and employees shall fail to agree to a settlement through the commissioner he shall endeavor to have them consent in writing to submit their differences to...


If arbitration is agreed to, the business shall continue on the existing basis, and the employees shall remain at work pending the decision of the board, which shall be rendered within 7...


If said hearing is on a question of wages the decision shall revert to the date when the employees presented their demand in writing to said employer. ...


The decision shall be binding upon the parties concerned in said controversy for 6 months, or until 60 days after either party has given the other notice in writing of his or their intention...


The chairman of said board shall keep a record of the proceedings, issue subpoenas and administer oaths to the members of said board and to any witness the board may deem necessary to summon....


Such arbitrators shall receive $ 50 a day for each day actually engaged in such arbitration and their necessary traveling expenses, to be paid upon vouchers signed by the commissioner, with...


Upon the failure of the commissioner in any case to secure a reference to said board of arbitration, he shall request a sworn statement from each party to the dispute of the facts upon which...


Whenever it shall come to the knowledge of the commissioner, either by notice from the mayor of a city, a county commissioner, the president of a board of trade or other representative body,...


In case the parties do not agree to so submit the matter, the commissioner may investigate the cause of such controversy and ascertain which party thereto is mainly responsible for the...


Whoever, without a license therefor, establishes or keeps an intelligence office for the purpose of obtaining or giving information concerning places of employment for servants or other...


The mayor and aldermen of a city or the selectmen of a town may, for the purposes mentioned in the preceding section, grant licenses to suitable persons, subject to the provisions hereof, and...


Licenses granted to keepers of intelligence offices shall be signed by the clerk of the city or town in which they are granted, and every such license shall be recorded by him in a book kept...


The board issuing such a license shall receive for the use of the city or town for each license such sum, not less than $ 2, as the board shall deem reasonable. ...


When such license is revoked, such clerk shall note the revocation upon the face of the record of the license, and shall give written notice to the holder thereof by delivering the same to him...


[Repealed 1991, 296:1, eff. Aug. 19, 1991.] ...

 

 

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...


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...


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...


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...


No employer may employ an alien whom the employer knows is not a citizen of the United States and not in possession of Form I-151, Alien Registration Receipt Card or any other document issued...

Any person, partnership, agency, firm, or corporation violating any provision of RSA 275-A shall be subject to a civil penalty of up to $ 1,000 for each day of noncompliance, to be imposed by...


As used in this chapter: I. Commission means the governor's commission on disability. II. Person with a disability means one who, because of a substantial physical, mental or...


There is hereby established the governor's commission on disability which shall consist of 30 members appointed by the governor. At least 15 commission members shall be persons with a...


The commission shall select an executive director of the commission by a vote of a majority of all voting commission members. The executive director shall be in the unclassified service of...


The commission shall organize itself in conformity with its responsibilities under this chapter and shall establish committees to address issues which affect persons with a disability. The...


The commission shall have the following duties and powers: I. To advise the governor, appropriate state agencies, and the public on matters pertaining to public policy and the administration...


The commission shall meet at least once every 3 months to conduct its business and give direction to the activities of the executive director and staff. Members of the commission may be removed...


The commission is authorized to receive any gifts, grants, or donations made for any of the purposes of its program and to disburse and administer the same in accordance with the terms thereof. ...


I. In this section: (a) Wheelchair symbol means the wheelchair symbol adopted by the Rehabilitation International's World Congress in 1969. (b) Accessible building means a...

As used in this subdivision: I. Architectural barriers mean physical attributes of buildings and facilities which by their presence, absence, or design present unsafe conditions or deter...


There is hereby established a permanent committee of the commission, to be known as the committee on architectural barrier-free design. Such committee shall be appointed by the chairman, with...


The permanent committee on architectural barrier-free design shall meet as soon as possible after appointment and elect one of its appointed members as chairman who shall serve for a term of...


The committee may utilize the staff of the governor's commission on disability and personnel from any other agency or department, with the consent of the executive director of such agency...


The committee on architectural barrier-free design, in furthering the purposes of this subdivision to ensure that buildings and facilities are accessible to and functional for persons...


The committee on architectural barrier-free design shall: I. Conduct studies, hold hearings, administer oaths, issue subpoenas, publish reports, and recommend legislation to implement...


It shall be unlawful for any state or local authority who reviews building plans prior to their approval for construction or for any building inspector to knowingly and willingly approve...


Notwithstanding RSA Title LXII, failure to comply with any provision of this subdivision or any rule or regulation issued thereunder shall be punishable by a fine of not less than $ 100 nor...


If any provision of this subdivision or the application of such provision to any person or circumstances is held invalid the remainder of this subdivision or the application of such provision...



The general court finds that there is an increasing number of persons in the state who, in their middle and later years and having fulfilled the role of homemaker, find themselves...


For the purposes of this chapter the following terms have meanings given: I. Displaced homemaker means a person who (a) worked in the home for a substantial number of years providing...


I. In order to enable the displaced homemaker to contribute to society and maintain independence and economic security, the commissioner shall establish 2 pilot multipurpose service centers...


The commissioner shall cooperate with federal, state and local agencies to coordinate the service programs established pursuant to RSA 275-D:3. The commissioner, with the advice of the staff...


The director of each center shall report to the commissioner as prescribed by rule, and shall evaluate the effectiveness of the job training, placement and service to displaced...


The director of each center may accept, use and dispose of contributions of money, service and property or any federal funds and private funds to implement this chapter. ...


In this chapter: I. Employee means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in...


No employer shall discharge, threaten or otherwise discriminate against any employee regarding such employee's compensation, terms, conditions, location, or privileges of employment because...


I. Any employee who alleges a violation of rights under RSA 275-E:2 or 3, and who has first made a reasonable effort to maintain or restore such employee's rights through any grievance...


This chapter shall not be construed to diminish or impair either the rights of a person under any collective bargaining agreement or any common law rights. ...

This chapter shall not be construed to require an employer to compensate an employee for participation in an investigation, hearing or inquiry held by a governmental entity. ...


Every employer shall post such notices as are prescribed by the commissioner of labor as a means of keeping such employer's employees informed of their protections and obligations under...


No person shall coerce or compel, or attempt to coerce or compel, any person into an agreement, either written or verbal, not to join or become a member of any labor organization, as a...


Whoever violates any provision of RSA 275:1 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. ...


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...


Any employer who violates the provisions of RSA 275:3 or RSA 275:4 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. It shall be the duty of...


[Repealed, 2000, 38:1, eff. June 6, 2000.] ...


Whoever enters into an agreement to labor for another in any lumbering operation or in driving logs, and in consideration thereof receives any advance of goods, money or transportation,...


The provisions of the 2 preceding sections shall cease to be operative when the state board of arbitration shall determine that the business of the employer, in respect to which the strike...


If any person shall violate any provision of RSA 275:11 or 12, or shall authorize or permit such violation, he shall be guilty of a misdemeanor. ...


[Repealed 1989, 53:2, eff. June 18, 1989.] ...


No employee shall be required to work in any mill or factory on any legal holiday, except to perform such work as is both absolutely necessary and can lawfully be performed on the Lord's Day. ...


Whoever violates RSA 275:28 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. ...


In all contracts relating to labor, 8 hours' actual labor shall be taken to be a day's work unless otherwise agreed by the parties. This provision shall not apply to classes of labor for which...

An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during...


No person shall require or request any employee engaged in any occupation to work more hours in any one day than is limited by law, in order to make up lost time by reason of a legal holiday. ...


Whoever requires an employee engaged in any occupation to do on Sunday the usual work of his occupation, unless he is allowed during the 6 days next ensuing 24 consecutive hours without...


No employer shall operate any such business on Sunday unless he has posted in a conspicuous place on the premises a schedule containing a list of employees who are required or allowed to work...

Employers may be exempt from RSA 275:32 and 33 where mutual agreements are reached between employer and employees, after approval of the labor commissioner where it appears for the best...


RSA 275:32 and 33 shall not apply to establishments used for the manufacture or distribution of gas, electricity, milk or water, nor to the transportation, sale, or delivery of food. ...


RSA 275:32 and 33 shall not apply to the following employees: I. Janitors, watchmen, firemen employed at stationary plants, or caretakers. II. Employees whose duties on Sunday include only...


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...


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...


The labor commissioner shall have the power and it shall be his duty to enforce the provisions of this subdivision. ...


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...


Any employer who violates any provision hereof, or who discharges or in any other manner discriminates against any employee because such employee has made a complaint to his employer, the...


Any action to recover unpaid wages and liquidated damages based on violation of RSA 275:37, must be commenced within one year of the accrual thereof and not afterwards. ...


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 10 days from the receipt of such...



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...


On any day an employee reports to work at an employer's request, he shall be paid not less than 2 hours' pay at his regular rate of pay; provided, however, that this section shall not apply...


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...


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...


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...


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...


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...


I. No employer may withhold or divert any portion of an employee's wages unless: (a) The employer is required or empowered to do so by state or federal law, or (b) The employer has a...


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 employees of any changes in the arrangements...


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...


I. The commissioner shall enforce and administer the provisions of this subdivision and the commissioner or his authorized representatives are empowered to hold hearings and otherwise...


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. ...


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. ...


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...

 

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...

 

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...

 

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...


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...


The legislature of the state of New Hampshire declares that it is the policy of the state to foster the employment of young people while, at the same time, providing the necessary safeguards...


This chapter shall be entitled the Youth Employment Law. ...


As used in this chapter: I. The term certificate shall mean youth employment certificate. II. The term youth shall mean any person under 18 years of age. III. The term commissioner...


I. No youth shall be employed or permitted to work in any hazardous occupation, except in an apprenticeship, vocational rehabilitation, or training program approved by the commissioner. II....


I. Certificates shall be issued by principals of schools or persons authorized by them only after the determination of a satisfactory level of academic performance by the student, except...


The commissioner shall have the responsibility for enforcing the provisions of this chapter. Investigators and truant officers shall visit and inspect all places of employment and cause...


In addition to other penalties and remedies imposed under this chapter, the commissioner may assess a civil penalty on an employer not to exceed $ 1,000 for each violation of any provision of...


The commissioner shall promulgate whatever regulations he deems necessary for the administration of this chapter, except that such regulations shall not be inconsistent with any of its...


No prosecution pursuant to this chapter shall be undertaken later than one year after the violation has been committed. ...


All prior provisions of law which are inconsistent with any provisions of this chapter shall be held ineffective to the extent of such inconsistency. ...


This chapter shall be known and may be cited as the Worker's Right to Know Act. ...


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...


I. Except as provided in paragraph III, no person shall obtain, purchase, manufacture, formulate, transport or distribute any toxic substance within this state unless the substance is...


Subject to the limitations of RSA 277-A:4, III, every employer whose employees handle, use, or are otherwise exposed to any toxic substance during the course and scope of their employment...


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...


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...


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...


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...


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...


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...


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. ...


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. ...


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...


I. Every application for issuance or renewal of a license as an employee leasing company shall be accompanied by, at a minimum, a reviewed financial statement prepared by an independent...


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...


Every license 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. Every licensee shall file...


An employee leasing company shall be deemed to be the employer of its leased employees, and it must meet all the following standards as certified by the commissioner: I. The employee...


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...


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...


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...


All application and license fees collected by the commissioner under this chapter shall be paid to the treasurer for deposit to the general fund. ...


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...


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...


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...

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...


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...


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...


This chapter shall apply to all places of employment in which one or more persons are regularly employed. ...

The provisions of RSA 157-B also apply to all places covered by RSA 277:1. ...


A person employing or directing another to perform labor of any kind in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or structure shall furnish...


Scaffolding or staging more than 14 feet from the ground or floor, swung or suspended from an overhead support or erected with stationary supports, except scaffolding wholly within the interior...


All scaffolding shall be so constructed as to bear 4 times the maximum weight required to be dependent therefrom or placed thereon when in use. ...


The labor commissioner shall immediately inspect a scaffold, ladder, or device concerning which complaint is made. He shall attach to every scaffold, ladder, or device that he inspects...


Every employer shall at all times keep and maintain, free of expense to the employees, such a medical and surgical chest as shall be required by the local board of health of the city or...


[Repealed 1985, 243:8, eff. Jan. 1, 1986.] ...


[Repealed 1985, 243:8, eff. Jan. 1, 1986.] ...


Every employer shall provide and maintain reasonable and proper toilet facilities and reasonably sanitary and hygienic conditions for employees. ...


Whenever the nature or condition of any such place of employment, or the machinery or other appliances therein, are such as to render work therein or in proximity thereto dangerous to the...


No person shall remove, displace, damage or carry off any safety device or safeguard furnished and provided for use in any employment or place of employment so as to interfere with the...


The labor commissioner shall cause all places of employment subject to this law to be inspected at intervals to be determined by him, for the purpose of determining whether the provisions of...

 

Any employee may petition the commissioner to inspect any place of employment in which the employee is employed for the purpose of determining whether the employer has violated any of...


A report of such inspection shall be filed in the office of the commissioner and a copy thereof given the employer. ...


The commissioner, factory inspectors and other assistants of the commissioner shall have the right to enter any such place of employment and to examine the same for the purposes of this chapter. ...


I. The commissioner of labor shall adopt such rules, under RSA 541-A, as he deems reasonable and necessary in order to carry out properly the provisions of RSA 277:10 and 277:11. II. Prior...


Whenever the commissioner, after any place of employment subject to this chapter shall have been inspected in accordance with RSA 277:13, shall be of the opinion that the special conditions...


[Repealed 1963, 220:6, eff. July 1, 1963.] ...


Every order made by the commissioner shall fix the time when it shall take effect, and in every case a reasonable time shall be allowed to the employer affected thereby for compliance with...


Notice shall be given by certified mail of every order to those who are required to comply with the order. Notice of any such order of general application may be given by publication in...

The commissioner shall provide occupational health and safety services to public and private employers, and shall consult with the commissioner of the department of health and human...



For the purpose of carrying into effect the provisions of this chapter the commissioner shall have power to administer oaths, certify to official acts, issue subpoenas and compel the attendance...


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. ...


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...


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,...


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. ...


The decision of the commissioner upon such petition shall be final unless appeal is taken in the manner herein provided. ...

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...


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...


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...


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...



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...


The commissioner may employ such other assistants and clerical employees as may be necessary to the proper discharge of his duties. ...


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...


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....


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....


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....


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...

There is hereby created a State Apprenticeship Council, composed of: the labor commissioner, the commissioner of the department of employment security or his designee, the commissioner...


The council shall meet quarterly and as often as may be necessary; may adopt rules and regulations; shall, in cooperation with the state departments of education and labor, establish,...


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. ...

The apprenticeship 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...


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. ...


Related and supplemental instruction for apprentices, coordination of instruction with work experiences, and the selection of teachers and coordinators for such instruction shall be...


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 council, whenever the apprentice...


All apprenticeship agreements submitted for approval and registration with the council shall meet the following minimum standards: I. A statement of the trade or craft to be taught and...


For the purposes of this chapter an apprenticeship agreement is an individual written agreement between an employer and an apprentice, or a written agreement between an apprentice and...


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...

Terms used in this chapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context: I. Commissioner, the labor commissioner. II-IV....


[Repealed 1995, 94:7, VI, eff. July 15, 1995.] ...


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...


[Repealed 1995, 94:7, VII, eff. July 15, 1995.] ...

[Repealed 1995, 94:7, IX, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, X, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XI, eff. July 15, 1995.] ...

[Repealed 1995, 94:7, XI, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XII, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XIII, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XIV, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XV, eff. July 15, 1995.] ...


The commissioner shall adopt rules under RSA 541-A for the purpose of carrying out the provisions of this chapter. ...

[Repealed 1995, 94:7, XVI, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XVII, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XVIII, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XIX, eff. July 15, 1995.] ...


[Repealed 1995, 94:7, XX, eff. July 15, 1995.] ...


Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended, or...


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...


Upon application by an employer, in the form and manner established by the commissioner, a person whose earning capacity the commissioner finds is impaired by age or by physical or...


Nonprofit organizations or institutions wishing to engage in a sheltered workshop program must make application to the labor commissioner for special authorization for sub-minimum wage rates...


Upon application by a participating employer or proper school authority, the labor commissioner may establish a sub-minimum wage rate, or no rate, for high school or post secondary...


The commissioner of labor is hereby directed to readjust minimum wages for employees insofar as it may be necessary in view of the provisions of RSA 279:21 and 22. ...


[Repealed 1967, 440:13, eff. Feb. 1, 1968.] ...


[Repealed 1995, 94:7, XXII, eff. July 15, 1995.] ...


Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary, and shall furnish to...


I. [Repealed.] II. Any employer or the officer or agent of any corporation who pays or agrees to pay to any employee less than the rates applicable to such employee under the statutory...


If any employee is paid by the employer less than the minimum wage to which the employee is entitled under the statutory minimum wage the employee may recover in a civil action the full amount...


Any employer, not subject to the provisions of this chapter, may accept its provisions by purchasing valid workers' compensation insurance applicable to the employment. Such employer...

Notwithstanding any provision of law to the contrary, an employee who has become incarcerated pursuant to a conviction shall forfeit any right to workers' compensation indemnity benefits 30...



Every employer subject to this chapter, or who elects to accept its provisions, shall keep posted in a conspicuous place upon the premises a notice that the employer is working under...


I. Within 30 days following a written request from the commissioner, any building or construction industry contractor, subcontractor, or independent contractor engaged in the...

Any private employer as defined in RSA 281-A:2, VIII, or any group or association of homogeneous employers may, subject to RSA 281-A:5, III, and any rules adopted to enforce such...


I. Every private employer as defined in RSA 281-A:2, VIII, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a,...


I. Any private employer, or group or association of homogeneous employers self-insuring for workers' compensation coverage under RSA 281-A:5 and 281-A:5-a, is not an insurance company,...


I. For purposes of this section, third party administrator means any person contracting with an employer or group of employers authorized to self-insure in accordance with RSA 281-A:5-a...


I. This chapter shall not apply to an employee who is employed in another state or that employee's employer, while the employee is temporarily in this state doing work for that employer if:...

Notwithstanding any other provision of this chapter, of title XXXVII, or of any other law to the contrary, all insurance companies authorized to provide comprehensive personal liability,...

I. An employer subject to this chapter who fails without sufficient cause as determined by the commissioner to comply with the provisions of RSA 281-A:5 by not securing payment of...


I. An employee of an employer subject to this chapter shall be conclusively presumed to have accepted the provisions of this chapter and, on behalf of the employee or the employee's personal...


In all instances in which an insurance carrier is to cease providing workers' compensation insurance to an employer, whether by reason of cancellation or otherwise, such insurance carrier...

Revocation of coverage under RSA 281-A:3 by termination of workers' compensation insurance shall be effective 30 days after the filing of a termination notice with the commissioner. ...


Any public employer as defined in RSA 281-A:2, IX may, subject to RSA 281-A:5, III and the rules adopted to enforce that section, self-insure for workers' compensation coverage as follows: I. If...


I. If an employee is injured while employed elsewhere than in this state, and is injured under circumstances that would have entitled the employee or a dependent to workers' compensation...


I. Except as provided in paragraphs II and III and subject to RSA 281-A:28, 281-A:28-a and RSA 281-A:31-a, an average weekly wage shall be computed by using the method in subparagraph (a) or...


For the purpose of determining the date of injury for an occupational disease, the date of injury shall be taken to be the last date of injurious exposure to the hazards of such disease or...


I. Notwithstanding the provisions of RSA 281-A:2, XI and XIII, 16 and 27, there shall exist a prima facie presumption that heart or lung disease in a regular, call, volunteer or retired member...


A contractor who subcontracts all or any part of a contract shall bear the liability of the subcontractor of that contract for the payment of compensation under this chapter to the employees...


I. Any corporation or limited liability company may elect to exclude up to 3 executive officers or members from the compulsive coverage requirements under this chapter. II. The commissioner...


Notice of injury in writing on a form prescribed by the commissioner shall apprise the employer of the injury and shall state the name and address of the worker injured and the date and place...


The employee may serve the notice personally or send it by certified mail addressed to the employer at the employer's last known residence or place of business. ...


Compensation for disability, rehabilitation, medical benefits, or death benefits under this chapter shall be barred unless a claim is filed within 3 years after the date of injury;...


An employer subject to this chapter, or the employer's insurance carrier, shall pay workers' compensation to an employee sustaining a personal injury during a period of total or...


All employers with 5 or more employees shall develop temporary alternative work opportunities for injured employees. If the employee fails to accept temporary alternative work, the employer...


I. The employer or the employer's insurance carrier shall pay the full amount of the health care provider's bill unless the employer or employer's insurance carrier can show just cause as to...


I. If, as a result of an injury covered by this chapter, an employee is unable to perform work for which he or she has previous training or experience, the employee shall be entitled to...


I. An employee of an employer who employs 5 or more employees, who has sustained an injury, shall be reinstated by the employer to the employee's former position of employment upon request...


If death results from an injury, weekly compensation shall be paid to the dependents of the deceased employee in an amount provided by the compensation schedule in RSA 281-A:28 as follows: I....


The total amount of benefit in case of a death shall not exceed the balance remaining between the amounts paid for disability and the total compensation payable under this chapter. ...


In case of total disability where the employee is unable to engage in gainful employment and the employee has reached maximum medical improvement, permanent benefits shall be payable to...


For all compensable injuries occurring on or after July 1, 1963, for which total disability continues, except those injuries for which the employee is entitled to benefits under the federal...



With regard to payments made pursuant to RSA 281-A:29 for compensable injuries occurring on or before June 30, 1975, the carrier or self-insured employer shall in the first instance make...


Where the disability for work resulting from an injury is permanent but partial in nature, the employee has reached maximum medical improvement, is able to return to work, and there is...


Any employer who is liable for the compensation provided by any or all of RSA 281-A:26, 28, 31, or 32 shall, upon being found in violation of any provision of either or both RSA 277 and RSA...


In no case, except as provided in RSA 281-A:31, 32, or 33, shall the weekly compensation payable under this chapter exceed the benefits set forth in RSA 281-A:28. ...


Payments made by an employer, or the employer's insurance carrier, to an injured employee during the period of the employee's disability, or to the dependents of such employee, which, by...


No savings or insurance of the injured employee independent of this chapter shall be taken into consideration in determining the compensation to be paid under this chapter, nor shall...


I. Where there has been a determination of compensability by the employer, the employer's insurance carrier, the commissioner, the commissioner's designated representative or the board, in...

I. Any employee entitled to receive weekly payments under this chapter shall, if requested by the employer or ordered by the commissioner, submit himself or herself for examination by a...


If an injured employee who is covered by a managed care program established in accordance with RSA 281-A:23-a is dissatisfied with a determination made by such program relating to...


If the employee refuses to submit to an examination as provided in RSA 281-A:38 or obstructs that examination, the employee's right to weekly payments shall be suspended until such examination...


An employer or the employer's insurance carrier shall make payment of compensation in the amount and manner provided by this chapter. The employer shall file memoranda of such payments with...


No payment of any benefits under this chapter shall in any way prejudice the rights of an employer in any dispute regarding the question of whether or not an injury or occupational disease...


I. The commissioner may assess a civil penalty of up to $ 2,500 on any insurance carrier or self-insurer who fails, without sufficient cause as determined by the commissioner, within 21 days...

I. There is established a compensation appeals board. The board shall consist of a pool of 33 members, of which 11 members shall represent labor, 11 members shall represent employers or...


The commissioner shall appoint as many individuals as necessary to carry out the department's responsibilities under this chapter. Such individuals shall have experience in workers'...


There is hereby created within the department of labor the classified full-time position of dispute resolution coordinator. The coordinator shall assist unrepresented injured employees...


Compensation for disability, rehabilitation, medical benefits, or death benefits under this chapter shall be barred unless the claimant petitions for a hearing under RSA 281-A:43 within 18...



I. In any dispute over the amount of the benefit payable under this chapter which is appealed to the board or supreme court or both, the employee, if such employee prevails, shall be entitled...


I. If an employee's right to compensation, other benefits, or both, under this chapter is not in dispute either as to eligibility or amount, but a dispute arises between successive employers...


I. When application is made to the commissioner, the commissioner may refer the injured employee to one or more duly licensed and impartial physicians or surgeons or may refer the injured...


I. Any party at interest with regard to an injury occurring after July 1, 1965, may petition the commissioner to review a denial or an award of compensation made pursuant to RSA 281-A:40 by...


All process and procedure under the provisions of this chapter shall be as summary and simple as reasonable. The commissioner shall have the power, so far as it is necessary for the...


Any person aggrieved by a decision of the commissioner who was prevented from appealing from such decision within 30 days through mistake, accident, or misfortune and not through the person's...


I. Claims for compensation under this chapter shall not be assignable, and the compensation and any claim for compensation shall be exempt from all claims of creditors except as provided in...


I. Every employer or self-insurer shall record in sufficient detail and shall report or cause to be reported to the commissioner any injury sustained by an employee in the course of employment...

I. Any employee receiving workers' compensation benefits pursuant to this chapter has an affirmative duty to report any changes in his or her employment status or earnings, or both, to the...


I. If an employee who has a permanent physical or mental impairment, as defined in RSA 281-A:2, XIV, from any cause or origin incurs a subsequent disability by injury arising out of and in...

I. A special fund is hereby established in the state treasury for the purpose of making payments in accordance with RSA 281-A:15, III, RSA 281-A:54 and this section. The commissioner...


I. When an employer or carrier has paid additional compensation to an employee pursuant to RSA 281-A:15, III as a result of the employee's increased average weekly wages earned in...


I. A person who makes a false statement or representation for the purpose of obtaining any benefit or payment under this chapter, whether for himself or herself or for any other person, and...


Except as otherwise provided, any person who violates any provision of this chapter or any order issued by the superior court or by the commissioner under this chapter shall be guilty of...


The commissioner shall administer and enforce all provisions of this chapter except as otherwise provided in this chapter. ...


I. An administration fund is hereby established in the state treasury for the sole purpose of paying all costs of administering this chapter. The commissioner shall administer the fund. The...


I. The commissioner shall have the power to adopt rules under RSA 541-A relative to the following: (a) Content and format of all forms necessary under this chapter. (b) Method of...


I. The commissioner shall make a report to the governor, by October 1 of each odd-numbered year, showing the work done during the preceding 2 fiscal years. The report shall include a...


I. There is hereby established an advisory council on workers' compensation. The advisory council shall consist of 9 members: the commissioner or a designee; the insurance commissioner or...


I. Any insurance carrier, self-insured employer or employer group, or claims adjusting company handling workers' compensation claims in this state shall utilize a claims adjuster licensed in...


I. Every employer shall provide employees with safe employment. Safe employment includes but is not limited to furnishing personal protective equipment, safety appliances and safeguards;...


There is created within the department of labor the classified full-time position of manager of safety, training, and injury prevention who shall be under the direction of the labor...


I. The commissioner shall develop a multi-media education program on safety in the workplace, which shall be used to educate persons providing or receiving workers' compensation benefits...


[Repealed 1994, 3:26, II, eff. Feb. 8, 1994.] ...


I. There is hereby established a safety enhancement program to be administered by the commissioner. Such program shall include regional training and safety seminars open to all...


Base period means the calendar year immediately preceding any benefit year. ...


Benefits means the money payable to an individual as compensation for his wage losses due to unemployment as provided in this chapter. ...

For the purposes of this chapter supplemental unemployment plan shall mean a plan, system, trust or contract by the terms of which an individual will receive from the employer, trustees of...


Benefit year with respect to any individual means the year beginning with the first day of April of every calendar year and ending on the last day of March of the following calendar year. ...


Calendar quarter means the period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31, or the equivalent thereof as the commissioner of the department...


I. Employing unit means any individual or type of organization, including any partnership, association, joint venture, trust, estate, joint-stock company, or corporation, whether domestic...


Employer means I. Any employing unit which: (a) For some portion of a day in each of 20 different calendar weeks in either the current or preceding calendar year, whether or not such...


Employment office means a free public employment office or branch thereof operated by the New Hampshire department of employment security. ...


Fund means the unemployment compensation fund established by this chapter, to which all contributions required and from which all benefits provided under this chapter shall be paid. ...


Most recent employer means the last employer with whom an individual's work record exceeded 4 consecutive weeks of employment or exceeded 9 weeks of employment in the immediately preceding...


State means any state of the United States, the District of Columbia, the territory Puerto Rico, the territory the Virgin Islands, and the country Canada. ...


I. An individual shall be deemed totally unemployed in any week with respect to which no wages are payable to him and during which he performs no services. An individual who is not entitled...


I. Wages means every form of remuneration for personal services paid or payable to a person directly or indirectly by his employing unit, including salaries, commissions, bonuses, and...


Annual earnings shall be the wages, to the nearest dollar, earned during each base period from an employer by an individual in employment in New Hampshire and an amount equivalent to the...


Week means such period of 7 consecutive calendar days as the commissioner of employment security may prescribe by rule. ...


Weekly benefit amount means the amount of benefits an individual would be entitled to receive for one week of total unemployment. ...


Agricultural labor includes all services performed: I. On a farm, in the employ of any employing unit, in connection with cultivating the soil or in connection with raising or harvesting...

 

The term employment shall include the service of an individual who is a citizen of the United States, performed outside the United States, except in Canada, after December 31, 1971, in...


[Repealed 1983, 124:3, eff. June 7, 1983.] ...


The receipt of a gift or gratuity in an amount of $ 25 or less by any otherwise unemployed individual shall not be considered wages or remuneration for any purpose under this chapter unless...


De Novo means anew; afresh; a new trial on all issues and a full hearing on the merits in no way restricted by what occurred before. ...

 

On January 1, 1938, benefits shall become payable from the fund; provided that wages earned for service, defined in RSA 282-A:9, IV(j), irrespective of when performed, shall not be included...


Each eligible individual who is partially unemployed in any week shall be paid a partial benefit with respect to such week. Such partial benefit shall be an amount calculated to the nearest...


I. The maximum weekly benefit amount of any individual who is receiving retirement pay, which means in this section a government or other pension, retirement or retired pay, annuity, or...


The commissioner may, with the approval of the attorney general, effect by written stipulation such settlement of any overpaid benefit account due under the provisions of this chapter as he...


No individual shall be ineligible for benefits or disqualified for benefits solely because he has engaged in temporary self-employment without intending to establish a business while...


An unemployed individual who has been discharged for intoxication or use of controlled drugs as defined in RSA 318-B:1, VI, of such degree and rate of occurrence as to seriously hamper...


An unemployed individual who has been discharged for arson, sabotage, felony, or dishonesty connected with his work, shall suffer the loss of all wage credits earned prior to the date of...


An individual shall be disqualified for benefits for any week with respect to which the commissioner finds that his total or partial unemployment is due to a stoppage of work which exists...


An individual shall be disqualified for benefits for any week or part of a week with respect to which he is seeking to receive or has received payments in the form of unemployment compensation,...


An individual shall be disqualified for benefits for any week or part of a week with respect to which he is seeking to receive or has received payments in the form of unemployment...


An individual shall be disqualified for benefits for any week or weeks during any part of which he is not available for work outside a home, irrespective of his reason for refusing to be...


An individual shall be disqualified for benefits for the duration of his disciplinary layoff; provided, however, that the disciplinary layoff is for a reasonable term and based upon good cause...


I. An individual shall be disqualified for benefits on the basis of services performed by an alien unless such an alien is an individual who was lawfully admitted for permanent residence at...


The following terms used in this subdivision shall have the following meanings unless the context clearly requires otherwise: I. Certifying Officer. -- Certifying officer shall mean...


Claims for benefits shall be made in accordance with such rules as the commissioner of the department of employment security may adopt. ...


A determination shall be a decision by the certifying officer on a claim and shall be made, except as otherwise specifically provided in this chapter, as follows: I. A determination on an...


Any interested party may appeal from a certifying officer's determination by filing an appeal to an appeal tribunal which must be received or, if filed by mail, postmarked within 14 calendar...


If no appeal from a determination by a certifying officer is taken within the time limits in RSA 282-A:48, such determination shall thereupon become final and benefits shall be paid or denied...


A last employing unit or any employer whose account may become charged with benefits paid as a result of a determination by a certifying officer may waive, in proper form, in writing, his right...


It shall be a condition precedent to the cessation of payment of benefits to any individual that he be given an opportunity to appear in person at a designated office in accordance with...


Appeal from a certifying officer's determination and a decision made pursuant to RSA 282-A:164 shall be to an impartial tribunal appointed by the commissioner. Each such tribunal shall be known...


The appointed members shall serve at the pleasure of the commissioner and shall be paid $ 40 for each day or any part thereof during which they perform services at the request of the...


A hearing shall be conducted in such a manner as to ensure a fair and impartial hearing to the interested parties. The appeal tribunal shall hear the appeal de novo and shall not be bound by...


In every appeal, except those withdrawn, the chairman shall prepare a written decision which shall be sent by certified mail, return receipt requested, to each interested party at the last...


The second level of appeal shall be to the commissioner. The commissioner may, upon written request of an interested party or upon his own initiative, in any case in which a decision has...


The appellate board shall not substitute its judgment for that of the commissioner or appeal tribunal as to the weight of the evidence on questions of fact, or as to the prudence or...


I. The appellate board, while in session, shall consist of 3 members designated by the chair. No 2 members shall be from the same category of representation. In addition, for appeals of...


The judicial review provided by RSA 282-A:67 shall be exclusive of all other methods of judicial review of unemployment compensation decisions, including extraordinary writs, including the writ...


The liability of this state including the state university system for benefits paid shall be as follows: I. In lieu of contributions required of other employers subject to this chapter, the...


I. A county, city, town or other political subdivision which becomes an employer under this act shall pay into the unemployment compensation fund an amount equivalent to the amount of...


If the base period wages of an individual include wages from both the state and a town, city or other political subdivision or from the state and more than one town, city or other...


I. The state and all other employers who have reimbursed the unemployment compensation fund for benefits paid shall be given a credit against future billing, or, in whole or in part, shall...


I. The commissioner shall maintain a separate account for each employer and shall credit his account with all contributions timely paid by him or on his behalf; but nothing in this chapter...


In assigning the charges for benefits to the account of the most recent employer under this subdivision, no benefits shall be charged to the account of an individual employer but shall be...


The account of the most recent employer shall immediately be relieved of charges where benefits are determined to be overpayments as a result of the application of any provision of this...


At least once each month the commissioner shall notify all employers of benefits charged during the preceding month to their separate accounts by means of a duplicate or copy of each...


The commissioner shall prescribe the manner in which benefits shall be charged against the accounts of several employers for whom an individual performed employment at the same time. ...


The commissioner shall classify employers for each calendar year in accordance with their actual experience in the payment of contributions on their own behalf and with respect to benefits...


I. Annual payroll shall be the total amount of taxable wages under this chapter paid for employment during a calendar year. II. Average annual payroll shall be the average of the...


No employer shall be entitled to a rate of less than 2.7 percent unless and until as of January 1 of the year in which such rate becomes applicable there has been one calendar year...


I. There shall be subtracted in any calendar quarter from every employer's contribution rate .5 percent whenever the unemployment compensation fund equals or exceeds $ 225,000,000 throughout...


The time the operation of a business of an employer was suspended because of the employer's service in the armed forces during World War II, or because of the employer's service in the...


Should the commissioner determine at any time that the solvency of the fund is in jeopardy and the continuation of merit rates is in danger, he shall add to every employer's contribution rate...


I. The standard contribution rate as required by the Federal Unemployment Tax Act shall be 5.4 percent. II. No employer shall be entitled to a reduced merit rate under RSA 282-A:87, I for...


The computation date shall be January 31. The total for all past years of all benefits charged as of the computation date against an employer's separate account shall be subtracted from the...


Except as otherwise provided in this subdivision, whenever through inadvertence, mistake or any other means erroneous charges or credits are found to have been made to an employer's account,...


No employer assigned a rate under RSA 282-A:87, II, shall be entitled to any such rate reductions occasioned by fund balances as are provided in RSA 282-A:79-89. ...


An employing unit which acquires substantially all of the New Hampshire assets of any employer with the intent to continue said employer's organization, trade or business, excepting, in any...


No rate of less than 2.7 percent shall be permitted an employing unit succeeding to the experience of another employing unit pursuant to RSA 282-A:91-93 for any period subsequent to...


I. Whenever any employing unit, whether or not an employing unit at the time, in any manner succeeds to, or has succeeded to, or acquires, or has acquired, a segregable portion of an...


The affected employing unit or employer or both may appeal in writing to the commissioner from the initial determination. No appeal shall be entertained by the commissioner unless received in...


I. A formal hearing on each such appeal shall be conducted according to the rules adopted by the commissioner, whether or not such rules conform to common law or statutory rules of evidence...


The commissioner's decision on said appeal shall be final and conclusive as to the liability of the employing unit or employer or both unless an appeal therefrom is filed in accordance with...


The procedures set forth above shall be exclusive for the determination of all questions relating to the liability of employing units or employers or both except matters determined under...

 

Any employing unit which is or becomes an employer subject to the provisions of this chapter within any calendar year shall be subject to the provisions of this chapter as of January 1 and for...

The commissioner may terminate an employer and permanently remove his separate account as of the time an employer has died, ceased business or removed from the state. ...


Except as otherwise provided in this subdivision, where the commissioner, after such investigation as he deems necessary, finds that an employer during the then last completed calendar year...


I. An employing unit not otherwise subject to this chapter which files with the commissioner of the department of employment security its written election to become an employer subject hereto...

There is hereby created the unemployment compensation fund to be administered by the commissioner of the department of employment security, subject to audit by the commissioner of...


I. The commissioner shall designate a permanent full-time classified employee of the department to be treasurer of the fund. Such designated employee shall also be the custodian of the fund....


The commissioner shall from time to time requisition from the unemployment trust fund such amounts, not exceeding the amounts standing to this state's account therein, as he deems necessary...


I. The provisions of RSA 282-A:103 through 105, to the extent that they relate to the unemployment trust fund, shall be operative only so long as such unemployment trust fund continues to...


There shall be a department of employment security which shall include an unemployment compensation bureau, an employment service bureau, and an economic and labor market information bureau. ...


I. There shall be a commissioner of the department of employment security who shall be appointed by the governor with the advice and consent of the council. II. The commissioner shall hold...


Subject to compliance with laws and regulations approved by the United States department of labor, the actual expenses incurred by the commissioner of the department of employment security in...


The commissioner and the deputy commissioner shall each give a bond in the amount of $ 150,000 conditioned upon the faithful performance of his duties under this chapter. Premiums for such...


I. It shall be the duty of the commissioner of the department of employment security to administer this chapter. He shall have power and authority to adopt, amend, or rescind rules, to employ...


I. There shall be in the department of employment security 3 coordinate bureaus, the employment service bureau, the unemployment compensation bureau, and an economic and labor market...


The commissioner of the department of employment security shall cause to be printed in proper form for distribution to the public the text of this chapter, his rules, his annual reports to...


I. The commissioner of the department of employment security is authorized to employ all the necessary officers, accountants, clerks, agents, investigators, auditors and other persons...


The commissioner of the department of employment security shall investigate and report upon the degree of unemployment hazard in various industries and occupations and their cost to...


Each employing unit shall keep true and accurate work records for such periods of time and containing such information as the commissioner may by rules prescribe. Such records shall be open...


The commissioner or his authorized representatives and the chairman of any appeal tribunal may require from any employing unit any sworn or unsworn reports or statements, with respect to...


The commissioner may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports, or transcripts thereof, as he may deem advisable for...


The commissioner may by rules order the destruction, after reasonable periods, of any and all records, reports, transcripts or reproductions thereof, or other papers kept pursuant to...


Any employee of the department of employment security, member of an appeal tribunal, or any individual, corporation, association, partnership or other type of organization, who lawfully obtains...


No action for slander or libel, either criminal or civil, shall be predicated upon information furnished by any employer or any employee to the commissioner in connection with the...


No records of any type in any form whether copies, compilations or reproductions pertaining to any individual or employing unit obtained in the course of or growing out of the administration...


In the discharge of the duties imposed by this chapter, the commissioner of the department of employment security, the chairman of an appeal tribunal, and any duly authorized representative...


I. In the case of contumacy by, or refusal to obey a subpoena issued to, any person, any court of this state within the jurisdiction of which the inquiry is carried on or within the...


I. In the administration of this chapter, the commissioner of the department of employment security shall cooperate to the fullest extent consistent with the provisions of this chapter, with...


There is hereby created within the unemployment compensation bureau an advisory council on unemployment compensation, hereinafter called the advisory council. The advisory council shall consist...


Each nonlegislative member of the advisory council shall be paid a fee of $ 40 per day for each day of actual attendance at called meetings of the advisory council and shall also be reimbursed...


In the event that a member of the advisory council is unable to attend any called meeting, the commissioner may appoint a substitute who shall for such meeting assume in all respects the...


It shall be the duty of the city and town clerks to cooperate with the employment service bureau in the reception and forwarding of applications from those seeking employment and those...


Upon a written determination by the commissioner of the department of employment security with the approval of the attorney general that the best interests of the state would be served by...


There shall be in the department, assigned to the commissioner's office, a full-time, classified employee with the title of claim representative. He shall be qualified as a certifying officer...


All buildings and land connected therewith which are used by the department of employment security shall be in the custody of the commissioner of said department. He shall be responsible for...


I. There shall be a general counsel and counsel in the department of employment security appointed by the commissioner. The general counsel and counsel shall be licensed to practice law in...


I. The attorney general, upon his own initiative or upon the request of the commissioner, may enforce the provisions of this chapter, or any rules adopted under this chapter, by any...


I. There is hereby created in the state treasury a special fund to be known as the training fund. Commencing January 1, 2002, the moneys in this fund may be used, solely as determined by...


If any moneys received after June 30, 1941, from the social security administration or its successor, the United States Department of Labor, under Title III of the Social Security Act, or...

I. There is hereby created in the state treasury a special fund to be known as the contingent fund. All interest, fines, late-filing fees and penalties collected under the provisions of...


The commissioner with the consent of the governor and council may accept funds allocated to the department under section 903 of the Social Security Act...



Contributions unpaid on the date on which they are due and payable, as prescribed by the commissioner of the department of employment security in a rule, shall bear interest at the rate of...


Commencing with reports due beginning with the third calendar quarter of 2001: I. If any employer subject to payment of contributions as provided in RSA 282-A:69, I, fails to file any...


If any employer required to pay contributions under this chapter neglects or refuses to pay contributions after demand, the amount, together with all penalties, fees, and interest and any...


Any employer or employing unit refusing or failing to make and file required reports or to pay any contributions, interest or penalties when due under the provisions of this chapter, after...


No action may be maintained under this chapter unless commenced within 6 years of the time the cause arose or 2 years after the department is put on notice that the cause exists, whichever...


If, after due notice, any employer shall fail to make any payment of contributions or interest thereon, the amount due, with interest thereon pursuant to RSA 282-A:141, shall be collectible by...


In the event of any distribution of an employer's assets pursuant to an order of any court under the laws of this state, or any receivership, assignment for benefit of creditors,...


The commissioner of the department of employment security may, with the approval of the attorney general, effect by written stipulation such settlement of the contribution or interest due...


If not later than 4 years from the last day of the period with respect to which a payment of any contributions or interest thereon was made, or one year from the date on which such payment...


I. If an employer shall fail to file a report for the purpose of determining the amount of contributions due under this chapter, or if such report when filed shall be incorrect or insufficient...


I. Whenever used in this subdivision, unless the context shall otherwise require, or unless otherwise specifically provided, the word contribution shall include not only the principal of...


I. Any nonresident employing unit who acquires the status of an employer under the provisions of this chapter or any resident employing unit who, after having acquired the status of an...


The court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend the action. ...


The courts of this state shall, in the manner provided in RSA 282-A:143 and 153, entertain actions to collect contributions or interest thereon for which liability has accrued under the...


In addition to any other remedies under this subdivision, if the commissioner finds that any county, city, town or other political subdivision has become delinquent with respect to payments...


Any agreement by an individual to waive, release, or commute his rights to benefits or any other rights under this chapter shall be void. Any agreement by an individual in the employ of any...


No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the commissioner of the department of employment security, or by his representative or...


I. Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from...


No person shall discriminate in any way against another person because of his appearance or intended appearance as a witness or party, or for giving or furnishing information in connection...

Whoever willfully makes a false statement or representation or knowingly fails to disclose a material fact to obtain or increase any benefit or other payment under this chapter, either for...


Any individual who is convicted under RSA 282-A:161 shall be deemed disqualified from receiving benefits for one year from the date of such conviction. All benefits received for any week or...


I. Any person who has received any benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled or while he was disqualified...

I. Any employing unit, officer, or employee of a corporation, or member or employee of a partnership or limited liability company, who as such officer, employee, or member is under a duty...


In the discretion of the commissioner or an authorized representative, violations of RSA 282-A:166, I(c) and (d) may subject the person to a penalty of not less than $ 100 or more than the...


Any violator of any provision of this chapter, or of any order or rule thereunder, for which a penalty is neither prescribed above nor provided by any other applicable statute, shall be guilty...


On request of an agency of another state which administers an employment security law and which has found, in accordance with the provisions of such law, that an individual is liable to...


Reimbursements paid from the fund pursuant to any reciprocal arrangements authorized by the provisions of this chapter shall be deemed to be benefits for the purposes of this chapter; except...


If, after entering into an arrangement under RSA 282-A:169, II or III, the commissioner of the department of employment security finds that the unemployment compensation law of any state or of...


The commissioner shall participate in any arrangements for the payment of unemployment compensation on the basis of combining an individual's wages and employment covered under this chapter...

 

 

If at any time the governor shall find: I. That the provisions of this chapter requiring the payment of contributions and benefits have been held invalid under the constitution of this state...


The legislature reserves the right to amend or repeal all or any part of this chapter at any time; and there shall be no vested private right of any kind against such amendment or repeal. All...


In the event that the Congress of the United States should pass any legislation establishing certain minimum standards directing the states to make such changes in their various laws as may...


I. All rulemaking power provided in this chapter shall be exercised in accordance with the provisions of RSA 541-A. All rules adopted by the authority of this chapter shall be adopted pursuant...


The provisions of RSA 282-A:103-106, relative to the unemployment compensation fund, and of RSA 282-A:138-140, relative to the unemployment compensation and employment service administration...


I. The department of employment security, through its commissioner, is hereby authorized to enter into an agreement, effective April 3, 1975, with the secretary of labor of the United States...


The provisions of RSA 541-A:31-36 shall not apply to proceedings conducted in accordance with RSA 282-A:42-46. ...


Decisions rendered under this chapter shall not be admissible in any court or in administrative or other proceedings, not under or pursuant to this chapter, for the purpose of barring such...



I. State, county, or municipal agency shall mean any board, commission, department, officer, agency, or agent of the state or of any county, city, town or political division thereof charged...


[Repealed 1971, 399:3, eff. Aug. 27, 1971.] ...


In public employment of clerks, office help, mechanics, laborers, inspectors, supervisors, foremen, janitors, peace officers, and relief employees in the construction of public works,...


The employment preferences provided for veterans under the provisions of RSA 283:4 are extended to include any unremarried widow whose husband at the time of his death was a citizen of this...


The hiring authority of the state or any political subdivision thereof shall take any necessary action to secure the employment of said veterans in said service of the state or...


Veterans, in order to be entitled to preference under this subdivision, shall furnish proof of such entitlement to the hiring authority of the state or political subdivision when applying...


For the purposes of this chapter: I. The term armed forces shall include those forces listed in RSA 72:28, I. II. The terms in time of war and during any war shall include all the terms...


Any person who violates any provision of this subdivision shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. ...




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