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New Hampshire Workers' Compensation Legal Library


New Hampshire Home Page   >   New Hampshire Regulations
 

CHAPTER Lab 800 PAYMENT OF WAGES AND REQUIREMENTS OF EMPLOYERS

Statutory Authority: RSA 275:48, I, RSA 275:49, VI and: 54; RSA 279:15

PART Lab 801 PURPOSE

Lab 801.01 Purpose. The purpose of these rules is to set forth procedures for carrying out the provisions of RSA 275 and RSA 279 as amended, and to allow the department to carry out its duties in such manner that employers who are subject to the statutes will be sufficiently informed of its provisions.

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

PART Lab 802 DEFINITIONS

Lab 802.01 "Amusement establishment" as used in RSA 279:21, VIII (a) means a facility that provides entertainment or recreation as its primary function. The term includes "recreational establishment."

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 802.02 "Any one week" as used in RSA 279:21, VIII, means a workweek for non-salaried employees that is established by the employer which consists of:

(a) A fixed period of 168 hours, 7 consecutive 24 hour periods;

(b) A period which commences and ends on a specific day of the week and hour of the day; and

(c) A period which coincides with the calendar week.

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 802.03 "Department" means the New Hampshire department of labor.

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 802.04 "Domestic labor" as used in RSA 279:21, I and RSA 275:42, I means:

(a) Work performed in the private residence of the employer where employees are not employed by an employer or agency other than the family or household using their services, which includes but is not limited to, care givers or companions for babies, children or persons who are not physically or mentally infirm or the aged, as well as housekeeping, gardening, and handy person work; or,

(b) Live-in companionship services which provide fellowship, care, and protection for a person who, because of advanced age or physical or mental infirmity, cannot care for his or her own needs, regardless of whether the live-in companion is employed by an employer or agency other than the person using such services, subject to the following limitations:

(1) The services include household work such as meal preparation, bed making, washing of clothes, and other similar services incidental to companionship, provided that general household work does not exceed 20 percent of the total weekly hours worked; and

(2) The services do not include those relating to the care and protection of the aged or infirm that are normally performed by specially trained personnel, such as but not limited to registered or licensed nurses.

Source. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.05)

Lab 802.05 "Establishment" as used in RSA 279:21, VIII (a) and these rules means a distinct business entity characterized by a unique federal employer identification number and corporate or trade-name registration with the NH secretary of state.

Source. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.06)

Lab 802.06 "Farm labor" as used in RSA 279:21, I and RSA 275:42, I means all work performed in agriculture including cultivation and tillage of the soil, dairying, growing and harvesting of any agriculture or horticultural commodities, the raising of livestock, bees, fur bearing animals or poultry and any practices performed by a farmer on a farm. "Farm labor" does not include the retailing of goods other than the products produced by the farm.

Source. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16; ss by #11070, eff 4-11-16 (from Lab 802.07)

Lab 802.07 "Outside sales people" as used in RSA 279:21, I means employees who make sales or obtain orders or contracts for services, are customarily and regularly engaged away from his or her place of business, and whose time is not scheduled by the employer.

Source. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.08)

Lab 802.08 "Personnel file" as used in RSA 275:56 means any personnel records created and maintained by an employer and pertaining to an employee including and not limited to employment applications, internal evaluations, disciplinary documentation, payroll records, injury reports and performance assessments, whether maintained in one or more locations, unless such records are exempt from disclosure under RSA 275:56, III or are otherwise privileged or confidential by law. The term does not include recommendations, peer evaluations, or notes not generated or created by the employer.

Source. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16 (from Lab 802.09)

Lab 802.09 "Restaurant" as used in RSA 279:21, means an establishment in a temporary or permanent building, kept, used, maintained, advertised and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments whose "primary function" is not to prepare and serve food.

Source. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.10)

Lab 802.10 "Seasonal establishment" as used in RSA 279:21, VIII (a) means an establishment whose business function can and does occur only during specifically identifiable times of the year as dictated by weather conditions, temperature, dependence on recreational and amusement activities, and major holidays, and which does not operate all year round.

Source. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.10); ss by #10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.11)

Lab 802.11 "State" means the state of New Hampshire.

Source. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.11); ss by #11070, eff 4-11-16 (from Lab 802.12)

Lab 802.12 "Statute" means the Protective Legislation Law, RSA 275, as amended and the Minimum Wage Law, RSA 279, as amended.

Source. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 802.12); ss by #11070, eff 4-11-16 (from Lab 802.13)

Lab 802.13 "Tipped employees" as used in RSA 279:21 includes employees who deliver meals prepared in a restaurant to the customer's home, office, or other location.

Source. #10039, eff 1-1-12; ss by #11070, eff 4-11-16 (from Lab 802.14)

PART Lab 803 RESPONSIBILITIES OF EMPLOYERS AND THEIR REPRESENTATIVES

Lab 803.01 Payment of Wages.

(a) Pursuant to RSA 275:43, I and II, every employer shall pay all wages due to his or her employees within 8 days, including Sundays, after the expiration of the workweek on regular paydays designated in advance. Biweekly payments of wages shall meet the foregoing requirement if the last day of the second week falls on the day immediately preceding the day of payment. Payment in advance and in full of the work period, even though less frequently than biweekly, also meets the foregoing requirement.

(b) Every employer who requests permission to pay less frequently than required by RSA 275:43, I, shall supply the department with the following:

(1) Method of payment;

(2) Whether the employer wishes to pay biweekly, semi-monthly, monthly;

(3) When each pay period begins and when each pay period ends;

(4) Designated payday;

(5) Classification of employees;

(6) The salary range of the employees involved; and

(7) The employers' federal identification number.

(c) Permission shall be granted pursuant to RSA 275:43, IV on a case by case basis provided the following terms and conditions are met:

(1) The information supplied pursuant to Lab 803.01(b), above, is complete;

(2) The designated payday is on a regular schedule which is no less frequent than monthly;

(3) The employer has no history of wage and hour violations; and

(4) The employees of the employer making such request will not endure financial hardship by a decrease in pay frequency.

(d) If permission is granted pursuant to Lab 803.01(c) above, the permission shall be valid for an indefinite period of time, provided that:

(1) No complaints are received from the employees involved;

(2) Payroll is regularly satisfied on the designated payday;

(3) The information provided pursuant to Lab 803.01(b) does not change; and

(4) The employer remains in compliance with all New Hampshire labor laws.

(e) Pursuant to RSA 275:44, I and II, every employer who discharges an employee shall pay all wages owed within 72 hours either by physically giving payment to the employee or by mailing the payment to the employee, at the discretion of the employee. The employer shall pay in full the wages of an employee who quits no later than the next regular payday, except when he or she will not permit the employee to work the period of notice, in which event he or she shall make payment within 72 hours.

(f) Every employer shall pay without condition and within the time set forth in Lab 803.01 (a), and (e) all wages or parts thereof conceded by him or her to be due.

(g) In determining what wages are owed and in making payment thereof, the employer shall:

(1) Pay wages based upon required records of hours worked per RSA 279:27 and RSA 275:49, VI, and in accordance with written or verbal agreements between the parties per RSA 275:49, I-III; and

(2) Require no release as a condition of payment per RSA 275:50, although a receipt may be requested.

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.02); ss by #11070, eff 4-11-16

Lab 803.02 Prohibitions.

(a) No employer shall pay a salaried employee compensation in an amount, that when compared to the hours of any workweek, falls below the minimum wage per RSA 279:21.

(b) Pursuant to RSA 275:48, I, no employer shall require an employee or applicant for employment to pay for the cost of a medical examination, non-required drug or alcohol testing, records required by the employer, or any item required by and for the benefit of the employer, as a condition of employment. This shall not include examinations, permits or licenses required by state or federal law.

(c) No employer shall reduce a salaried employee's pay during any pay period in accordance with RSA 275:43-b, I (e) if the salaried employee notifies the employer of an absence on any day due to illness.

(d) No employer shall prorate a salary to a daily basis in accordance with RSA 275:43-b, I, (b) and the Fair Labor Standards Act for a disciplinary suspension unless the action is a direct result of a safety violation made by such employee as required in 29 U.S.C. sec. 201 et seq. of the Fair Labor Standards Act.

(e) Pursuant to RSA 275:48, no employer shall require employees to wear uniforms as defined in RSA 275:48 V (b) unless the employer provides each employee with uniforms at no cost whatsoever to the employee.

(f) Pursuant to RSA 279: 26-b and RSA 275:48, no employer shall withhold, divert, or make use of tips for any purpose not specifically allowed by RSA 275:48 I.

(g) No employer shall pay a tipped employee, as described in RSA 279:21, who is not engaged in duties that regularly and customarily generate tips directly from the customer, a base rate of less than the applicable minimum wage. This prohibition shall not apply to duties that are incidental to the regular duties of the tipped employee and generally assigned to the tipped employees.

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.03); ss by #11070, eff 4-11-16

Lab 803.03 Notification and Records.

(a) Every employer shall at the time of hiring and prior to any changes notify his or her employees in writing as to the rate of pay or salary, whether by daily, weekly, biweekly, semi-monthly, or yearly, or by commissions, as well as the day and place of payment and the specific methods used to determine wages due pursuant to RSA 275: 49.

(b) Every employer shall provide his/her employees with a written or posted detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employee's expenses, pension and all other fringe benefits per RSA 275: 49.

(c) Pursuant to RSA 275:49, every employer shall inform his or her employees in writing of any change to such employees rate of pay, salary, or employment practices or policies as referred to in Lab 803.03 (a) and (b) prior to the effective date of such change.

(d) Pursuant to RSA 275:49, any vacation pay, holiday pay, sick pay, bonus pay, personal day pay, employee expenses, and all other fringe benefits earned, accrued, or vested prior to any change shall not lapse due to the change.

(e) Pursuant to RSA 275:49, IV, every employer shall make available to his or her employees in a written statement information regarding the deductions allowed in RSA 275:48.

(f) Pursuant to RSA 279:27 and RSA 275:49, VI, relative to record keeping requirements, every employer shall:

(1) Record payroll information so that time records, showing the time work began and ended including any bonafide meal periods, shall support individual pay sheets and that payroll sheets, in turn, shall support canceled checks or cash receipts;

(2) Require that time records with entries that are altered shall be signed or initialed by the employee whose record was altered;

(3) Not make use of automated time keeping devices or software programs that can be altered by an employer without the knowledge of the employee, or that do not clearly indicate that a change was made to the record;

(4) Make such good records as shall show the exact basis of remuneration of an employee's compensation;

(5) Make any such records available if requested, to show other than an employer-employee relationship; and

(6) Maintain on file a signed copy of the written notifications, signed by the employee and provided to each employee as required by Lab 803.03 (a), (b) and (c) above.

(g) Pursuant to RSA 279:27 and RSA 275:49, VI, every employer shall keep a record of hours worked by all of its employees except for employees who are exempt under 29 U.S.C. section 213 (a) of the Fair Labor Standards Act. Said records shall be preserved and stored for a period of no less than 4 years.

(h) RSA 275:43-a shall not apply to employees who report to work and then request to leave on the basis of illness, personal or family emergency provided that a written explanation, initialed by the employee is entered on the employee's time slip or card.

(i) RSA 275:43-a shall not apply to employees who are hired for positions with duties that consistently require that they will work less than 2 hours per work day and report to work with the understanding that they will work less than 2 hours per work day, provided that the employees are notified in writing, upon hire.

(j) RSA 275:43-a shall not apply to health care employees of community based outreach services providers who voluntarily make schedule changes to meet the needs of the physically or mentally infirm clients they serve and who sign a statement upon hire stating that they understand this job requirement.

Source. #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.04); ss by #11070, eff 4-11-16

Lab 803.04 Hours Worked. For the purpose of determining "all wages due" for hours worked in accordance with RSA 275:43, I, the department of labor, under the authority provided by RSA 275:54,
incorporates the "Wage and Hour Publication 1312, Title 29 Part 785 of the Code of Federal Regulations, United States Department of Labor ", reprinted May 2011 as specified in Appendix II.

Source. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.05); ss by #11070, eff 4-11-16

Lab 803.05 Exemption. The term "employee" as it applies to RSA 275:42, II and RSA 279:1, X shall not apply to the following:

(a) Bonafide volunteers:

(1) When such volunteers are performing work for public, charitable, or religious facilities;

(2) When such activities are exempt under 29 CFR Ch. V Section 553:100-106, WH Publication 1297 "Employment Relationship" of the Fair Labor Standards Act;

(3) Where such bonafide volunteers do not displace a paid employee; and

(4) Where such volunteer duties do not necessarily or traditionally lead to paid employment;

(b) Inmates of a county or state correctional facility under RSA 651 who are required to work and perform services for which no significant remuneration is provided;

(c) An individual performing community service work under a court order or the provisions of a court diversion program;

(d) An applicant for employment who is filling out paperwork, participating in pre-screening examinations or interviews;

(e) A student participating in a non paid work based activity approved by the New Hampshire department of labor in accordance with Lab 805;

(f) An operator of a booth located within a salon or barbershop who operates independently of the salon or barbershop and who possesses a shop license as required by RSA 313-A: 17; and

(g) Elected public officials, of counties or municipalities.

Source. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.06); ss by #11070, eff 4-11-16

PART Lab 804 APPLICATION PROCEDURE FOR APPROVAL OF SUB-MINIMUM WAGE RATE IN ACCORDANCE WITH RSA 279:22 - RESERVED

Lab 804.01 – 804.05

Source. #6995, eff 5-7-99, EXPIRED: 5-7-07

New. #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07

PART Lab 805 APPLICATION PROCEDURE FOR APPROVAL OF SUB-MINIMUM WAGE OR NO WAGE RATE IN ACCORDANCE WITH RSA 279:22-aa.

Lab 805.01 Purpose. A requirement for special authorization for a sub-minimum wage rate or no rate for students or adults with disabilities working for practical experience was created. These rules are intended to carry out the intent of RSA 279:22-aa by establishing a procedure for applicants and for approval by the commissioner.

Source. #6996, eff 5-7-99, EXPIRED: 5-7-07

New. #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 805.02 Application for Approval of Sub-Minimum Wage Rate or No Rate.

(a) The employer's establishment, proper school or post-secondary organization or rehabilitation facility's representative shall apply to the commissioner for a sub-minimum wage rate for high school or post-secondary students or adults with disabilities working for practical experience prior to placement of any student or adults with disabilities with an employer's establishment.

(b) The employers establishment, a proper school, post-secondary organization or rehabilitation facility's representative applying for a sub-minimum rate or no rate for a high school or post-secondary school student shall provide the following on the "approval form for sub-minimum wage or no rate wage work based activities under RSA 279:22-aa":

(1) Name and address of the school, post-secondary organization, or rehabilitation facility;

(2) Whether the institution is secondary, post-secondary or other;

(3) Indication of whether there is no rate wage, or a subminimum rate offered;

(4) If the applicant is disabled, a selection of one of the following types of agencies providing the service:

a. Vocational Rehabilitation (VR);

b. Area Agency (AA); and

c. Community Mental Health Center (CMHC).

(5) The contact person, position title, telephone number, email address, and fax number;

(6) Type of placement, whether:

a. Job shadowing;

b. Clinical;

c. Work experience;

d. Internship;

e. Service learning;

f. Mentor program;
g. Situational assessment;

h. Job training program; or

i. Other.

(7) The career interest or program name;

(8) Description of the objectives;

(9) Whether credit (direct or indirect) for graduation is given for this program;

(10) The number of hours per day, days per week and total of days at each work site;

(11) How the student will be supervised;

(12) If applicable, a description of any hazardous equipment involved;

(13) The authorized signature of the person at the institution or participating establishment and the position title; and

(14) A statement that participating learning establishment work sites must be preapproved by the department of labor.

Source. #6996, eff 5-7-99, EXPIRED: 5-7-07

New. #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 805.03 Application Evaluated.

(a) The information submitted pursuant to Lab 805.02(b) (1) through (14) shall be evaluated by the department of labor as set forth in this section.

(b) The department shall first verify compliance with Lab 805.02(b) (1) through (14).

(c) Information required by Lab 805.02(b) (1) through (14) which is incomplete or does not result in an immediate rejection shall be evaluated as follows:

(1) If the hours in Lab 805.02(b) (9) above are not limited to those stipulated in RSA 276-A, the New Hampshire Youth Employment Law the application shall be rejected;

(2) If the training, even though it includes actual operation of the facilities of the establishment, is not connected to training and/or instruction given in the classroom the application shall be rejected; and

(3) If the application does not reflect specific goals and objectives of the program the application shall be rejected.

Source. #6996, eff 5-7-99, EXPIRED: 5-7-07

New. #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 805.04 Prescreening Work-Site Approval.

(f) The participating learning establishment work sites must be preapproved by the department of labor. The following information shall be provided:

(1) Name of school, post-secondary organization or rehabilitation facility;

(2) The contact person from the school, post-secondary organization or rehabilitation facility;

(3) Telephone number, fax number, and email of the contact person named above;

(4) Business name;

(5) Federal ID number of the work site;

(6) Address of the work site;

(7) The total number of employees employed in New Hampshire, full and part-time;

(8) Contact name of the work site; and

(9) Telephone number of the work site.

(g) Information provided pursuant to Lab 805.04 above shall be evaluated as follows:

(1) The department shall verify the business's identity;

(2) If applicable, the department shall verify the business has workers'compensation coverage;

(3) If applicable, the department shall verify the history of compliance with RSA 276-A, the New Hampshire Youth Employment Law, RSA 275, the New Hampshire Protective Legislation Law and RSA 279, the New Hampshire Minimum Wage Law;

(4) If applicable, the department shall verify if the establishment has a safety program; and

(5) If applicable, the department shall verify if the establishment has a "safety summary form," as described in Lab 602.02, on file with the department.

Source. #6996, eff 5-7-99, EXPIRED: 5-7-07

New. #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07; ss by #11070, eff 4-11-16

Lab 805.05 Approval or Rejection.

(a) Under RSA 279:22-aa, the participating employer shall be given approval by the department for students or adults with disabilities to work in their establishment for practical experience at a sub-minimum wage rate or no wages provided the following criteria are met:

(1) There shall be no employer/employee relationship between the participating parties;

(2) Pursuant to RSA 279:22-aa, the participants shall not displace regular employees but work under their close observation;

(3) Safety training in accordance with RSA 281-A shall be provided and be specific to the activities if they are classified as hazardous consistent with RSA 276-A: 4, I and Lab 1003; and

(4) According to the department's records the establishment shall not be in violation with any New Hampshire labor laws.

(b) If the establishment's location is rejected by the department, the department shall notify the applicant of the reason for the rejection and the applicant shall inform the establishment.

(c) Upon approval, the department shall return the signed "approval form for sub-minimum wage or no rate wage work based activities" to the applicant and the applicant shall provide each participating work site with a copy of the form for their file.

Source. #11070, eff 4-11-16 (from Lab 804.05)

Appendix I

Rule

State Statute Implemented

Lab 801.01

RSA 279: 21, VIII

Lab 802.01

RSA 279:21, VIII (a)

Lab 802.02

RSA 279: 21, VIII

Lab 802.03

RSA 275: 43,: 54 & 279:1, 279:21& 279:22-aa

Lab 802.04

RSA 275: 42, I & 279:21, I

Lab 802.05

RSA 279: 21, VIII

Lab 802.06

RSA 275: 42, I & 279: 21, I

Lab 802.07

RSA 279: 21, I

Lab 802.08

RSA 275: 56

Lab 802.09

RSA 279: 21

Lab 802.10

RSA 279: 21, VIII (a)

Lab 802.11

RSA 279: 1, X & 275: 42, :48, :49, IX

Lab 802.12

RSA 275: 48

Lab 802.13

RSA 279:21

Lab 803.01 (a) & (b)

RSA 275: 43, I & II

Lab 803.01 (c) & (d)

RSA 275: 43, II

Lab 803.01 (e) & (f)

RSA 275: 44, I & II

Lab 803.01 (g)

RSA 279: 27 & 275: 49, I, II,VI & :50

Lab 803.02 (a)

RSA 279: 21, I

Lab 803.02 (b)

RSA 275: 48, I

Lab 803.02 (c) & (d)

RSA 275: 43-b, I

Lab 803.02 (e)

RSA 275: 48, I & V (b)

Lab 803.02 (f)

RSA 275: 48, I & RSA 279: 26-a

Lab 803.03 (a) – (d)

RSA 275: 49

Lab 803.03 (e)

RSA 275: 48 & :49

Lab 803.03 (f) & (g)

RSA 279: 27, 275: 48, I & :49, VI

Lab 803.03 (h) – (j)

RSA 275: 43-a

Lab 803.04

RSA 275: 43, I & :54

Lab 803.05

RSA 275:42, I & 279:1, X

Lab 804 (Reserved)

Lab 805

RSA 279: 22-aa, I & II

Appendix II

Rule

Lab 803.04

Title

WAGE AND HOUR PUBLICATION 1312

TITLE 29 PART 785 OF THE CODE OF FEDERAL REGULATIONS

UNITED STATES DEPARTMENT OF LABOR

(Reprinted May 2011)

Obtain at:

NO COST

NEW HAMPSHIRE DEPARTMENT OF LABOR

HUGH J GALLEN STATE OFFICE PARK

95 PLEASANT STREET

CONCORD NH 03302-2076

OR

by calling: (603) 271-3176

OR

THE WORLDWIDE WEB AT:

Also, contact the US Department of Labor

Wage & Hour Division

Toll-free 1-866-487-9243



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