New Hampshire Administrative Code

The health care provider conducting an independent examination authorized by the commissioner in Lab 705.01 shall be paid by the employer or the employer's insurance carrier. Nothing in this section shall be construed to prevent an injured employee from obtaining an examination b…

Notes N.H. Admin. Code § Lab 706.01 #7338, eff 8-2-00; ss by #9217, eff 8-1-08 Reserved by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12013, Effective 10/25/2016, Expires 12/25/2026.

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 provisio…

"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." Notes N.H. Admin. Code § Lab 802.01 #2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED…

"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 h…

"Department" means the New Hampshire department of labor. Notes N.H. Admin. Code § Lab 802.03 #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;…

"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, …

"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. Notes N.H. Admin. Code § Lab 802.05 #5491, ef…

"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 …

"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. Notes N.H. Admin. Code § Lab 8…

"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 perfo…

"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…

"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, …

"State" means the state of New Hampshire. Notes N.H. Admin. Code § Lab 802.11 #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) Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11070, Effective …

"Statute" means the Protective Legislation Law, RSA 275, as amended and the Minimum Wage Law, RSA 279, as amended. Notes N.H. Admin. Code § Lab 802.12 #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) Amended by V…

"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 Notes N.H. Admin. Code § Lab 802.13 #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff …

"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. Notes N.H. Admin. Code § Lab 802.14 #10039, eff 1-1-12 The amended version of this section by New Hampshire Register Volume 36…

(a) Pursuant to RSA 275:43, I and II, every employer shall pay all wages due to his or her employees, after the expiration of the workweek on regular paydays designated in advance. Biweekly payments of wages shall meet the requirement provided the first payment of wages is made w…

(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 c…

(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…

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 St…

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 and where such volunteer duties do not necessarily or tradi…

A requirement for application for special authorization to establish a sub-minimum wage rate for employees who are impaired by physical or mental disabilities was created by the Legislature. These rules are intended to carry out the intent of RSA 279:22 by establishing a procedur…

(a) No employer shall employ a person whose earning capacity is impaired by physical or mental disability at an hourly rate lower than set forth in RSA 279:21, I without having first secured a special authorization under RSA 279:22 and these rules. (b) An applicant for special au…

The information submitted on/or attached to the "application for employment of disabled person" form shall be evaluated by the department as follows: (a) The department shall first verify compliance with Lab 804.02(b) and (c). (b) If the description of the impairment provided pur…

(a) Upon the acceptance of the application the department shall issue a permit. (b) The permit shall include the following: (1) The name and the address of the employer; (2) The name and the address of the employee; (3) The sub-minimum rate approved; (4) The expiration date of th…

(a) If the employee and the employer wish to continue the employment relationship at a sub-minimum rate, the applicant shall reapply prior to the expiration date of the permit. (b) The applicant for a renewal of the permit shall indicate on the application that the application is…

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 f…

(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 expe…

(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)…

(a) 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 …

(a) Under RSA 279:22-aa, the participating employer shall be given approval by the commissioner or commissioner's designee for students or adults with disabilities to work in the employer's establishment for practical experience at a sub-minimum wage rate or no wages provided the…

The purposes of these rules are to define terms contained in RSA 275-E, to describe the form content and notices required to be posted by RSA 275-E:7, and to notify workers how to file a complaint for relief under the statute. Notes N.H. Admin. Code § Lab 901.01 #4685, eff 12-09-…

"Violation" means an infringement of a rule or law adopted by the state of New Hampshire, a political subdivision of the state, or, provided no preemption exists, the United States. Notes N.H. Admin. Code § Lab 902.01 #4685, eff 12-09-88; EXPIRED 12-09-94 New. #7351, eff 8-24-00,…

Under the provisions of RSA 275-E:7, every employer of employees shall display a poster, in conspicuous places at all workplaces within New Hampshire, in order to inform employees of protections and obligations under the statute. The content of the poster shall be as set forth in…

Any person defined as an employee under RSA 275-E:1, I or a public employee defined under RSA 275-E:1, III filing a whistleblowers' complaint under the provisions of RSA 275-E:4 shall supply the following on the "Whistleblowers' Complaint Form" provided by the department of labor…

(a) A public employee filing a complaint under the provisions of RSA 275-E:8 shall supply the following on the "Complaint Form for Public Employees" provided by the department of labor: (1) The complainant's name; (2) The complainant's mailing address and telephone number; (3) Th…

(a) If an employee files a complaint under RSA 275-E:4, the complaint shall be presented to the department of labor in the form prescribed by Lab 904.01 (a) through (o), with all substantiating documents attached. (b) The department of labor shall process the complaint as set for…

(a) If an employee files a complaint under RSA 275-E:8, the complaint shall be presented to the department of labor in the form prescribed by Lab 904.02, (a) (1) through (8), with all substantiating documents attached. (b) The department of labor shall process the complaint as se…

(a) Hearings held under RSA 275-E:4 and Lab 904.03 shall be conducted according to the rules established by Lab 201-204, and the requirements of RSA 541-A. (b) Following such hearing, the labor commissioner or designee shall order such remedies as are appropriate, including reins…

The rules of this title implement the statutory responsibilities of the New Hampshire board of licensure for land surveyors created by RSA 310-A:53. These provisions regulate but are not limited to the licensing of land surveyors and the practice of land surveying in the state of…

As used in these rules, the following terms shall have the meanings indicated: (a) "Board" means the New Hampshire board of licensure for land surveyors created by RSA 310-A:53. (b) "Board administrator" means the board's staff director, a person with delegated authority to perfo…

The board shall administer the provisions of RSA 310-A:53-74 which include but are not limited to safeguarding property, to promoting public welfare and maintaining a high standard of integrity, skills and practice in the profession of land surveying in this state. Notes N.H. Adm…

The board shall consist of 5 members who meet the eligibility requirements of RSA 310-A:55. Notes N.H. Admin. Code § Lan 103.02 #5934, eff 12-9-94, EXPIRED: 12-9-00 New. #7425, INTERIM, eff 1-13-01, EXPIRED: 7-12-01 New. #7547, eff 8-25-01

The chairperson shall preside at all meetings. In the absence of the chairperson, the vice-chairperson shall preside. Notes N.H. Admin. Code § Lan 103.03 #7547, eff 8-25-01

The board shall designate a board administrator and such other staff members as are necessary to perform the record-keeping and other statutory functions of the board and to oversee the board's day-to-day operations. Notes N.H. Admin. Code § Lan 103.04 #7547, eff 8-25-01

Beginning with the regular meeting in October and annually thereafter, the board shall meet and organize and, by election from among its members, select a chairperson, vice-chairperson and secretary. Notes N.H. Admin. Code § Lan 103.05 #7547, eff 8-25-01