New Hampshire Administrative Code

(a) Each employing unit having employment performed for it shall establish and maintain, with respect to each worker engaged in such employment, the following records: (1) The period covered by the payroll; (2) For each worker: a. The worker's name; b. The date on which the worke…

Notes N.H. Admin. Code § Emp 303.06 #2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90 New. #5143, eff 5-6-91; EXPIRED: 5-6-97; renumbered by #10081 (formerly Emp 302.06 ) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/20…

Notes N.H. Admin. Code § Emp 303.07 #2234, eff 1-1-83; ss by #2930, eff 12-21-84, EXPIRED: 12-21-90; renumbered by #10081 (formerly Emp 302.07 ) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available. The amended ver…

(a) Whenever required by RSA 282-A:45, a "Notice of Claim and Verification Request" form,formerly known as "Request To Employer for Separation Information", shall be sent either by e-mail notice pursuant to Emp 405.03 or by mail by the certifying officer to the employer or employ…

(a) All mailings by the department to an employer or employing unit shall be to the mailing address listed on the "Employer Status Report", pursuant to Emp 303.01, unless the employer or employing unit designates: (1) An alternate address or requests e-mail notification for the m…

(a) A request for designation of an authorized agent shall be in writing and signed by the employer or employing unit, one or more general partners, an officer of a public or private corporation, a member or manager of a limited liability company, or a duly authorized employee st…

Any report required to be filed shall be considered properly filed if it: (a) Is timely filed as required under Emp 304.01; (b) Contains all information required under Emp 303.02 (f), Emp 303.021, Emp 303.022 or all 3 sections; and (c) Is filed as required by Emp 303.02 (d) and E…

(a) If the department determines that it requires wage information from a claimant's current or former employer because the claimant's reported earnings appear to be incorrect or missing, it shall request that information from the employer or TPA. (b) The department shall notify …

(a) An employing unit or employer shall be required to report pursuant to RSA 282-A:45-a if the employing unit or employer lays off or expects to lay off 25 or more individuals: (1) In the same calendar week; (2) For an expected duration of 7 calendar days or more; and (3) Due to…

(a) The department shall send a "Part-time Work Information" form to an employer whenever it determines that the information is necessary for the commissioner to determine whether the individual's claim for unemployment benefits is based on wages earned in part-time work pursuant…

(a) The department shall send a "Trade, Business, and Workforce Transfer Report" form to a person, employing unit or employer whenever it determines that additional information is needed to ascertain whether: (1) An employer has transferred all, or a portion of, its trade, busine…

(a) Contributions of every employer on wages paid during a calendar quarter shall be due and paid to the department of employment security on or before the last day of the month following the calendar quarter during which said wages are paid. (b) If the department of employment s…

(a) This rule shall govern the liability of reimbursing employers pursuant to RSA 282-A:69- 282-A:73. (b) Benefits which are paid by the Department and not chargeable to the Unemployment Compensation Trust Fund, US Department of Labor or Work sharing employer shall either be reim…

Any employer entitled to make payments by reimbursement may upon application to the commissioner have his account grouped with any other employer who is entitled to make payment by reimbursement. Thereafter the group of 2 or more such employers shall be treated by the department …

(a) A claimant shall be deemed to have worked concurrently if, concerning the same week, the claimant, for more than one employer: (1) Performed services; (2) Received, or expects to receive, wages; or (3) Had wages, other than temporary partial disability payments under the work…

(a) The computation date, as authorized by RSA 282-A:92 where successorship occurs pursuant to RSA 282-A:91, for a succeeding employing unit shall be the date of acquisition. The tax rate shall include benefits charged and contributions paid as of the last computation date, and t…

Notes N.H. Admin. Code § Emp 304.06 #3154, eff 12-2-85; ss by #4350, eff 12-28-87, EXPIRED: 12-28-93; renumbered by #10081 (formerly Emp 303.06) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available. The amended ver…

Notes N.H. Admin. Code § Emp 304.07 #4161, eff 11-5-86, EXPIRED: 11-5-92; renumbered by #10081 (formerly Emp 303.07 ) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available. The amended version of this section by New…

Notes N.H. Admin. Code § Emp 304.08 #4162, eff 11-5-86, EXPIRED: 11-5-92 New. #5814, eff 4-22-94, EXPIRED: 4-22-00; renumbered by Document #10081 (formerly Emp 303.08) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet ava…

Notes N.H. Admin. Code § Emp 304.09 #4520, eff 10-31-88, EXPIRED: 10-31-94; renumbered by #10081 (formerly Emp 303.09 ) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available. The amended version of this section by N…

The definition of "Most Recent Employer" at RSA 282-A:12 shall be applied without regard to the reason for the individual's failure to receive unemployment compensation during the weeks in question. Notes N.H. Admin. Code § Emp 304.10 #7245, eff 4-30-00; ss by #9128, INTERIM, eff…

(a) These rules shall govern transfers of experience and assignment of rates pursuant to RSA 282-A:91-a. (b) The percentage of transfer of an employer's trade, business, or workforce shall be calculated as the percentage that the gross wages attributable to the transferred portio…

Each employer shall post and maintain in a conspicuous place in each of the employer's establishments notices in such form and design as supplied by the commissioner directing workers who are totally or partially unemployed to register and make claim for benefits with the New Ham…

(a) This section shall govern the New Hampshire department of employment security in its administrative cooperation with other states subscribing, pursuant to RSA 282-A:169-171, to the interstate reciprocal coverage arrangement, hereinafter referred to as "the arrangement." (b) A…

(a) Nothing in Emp 307 shall exempt a client or an employee rendering services to a client pursuant to an employee leasing arrangement with an employee leasing company, from any other state, local or federal license, registration or certification requirements. (b) Under Emp 307, …

(a) "Client company" means a person who enters into an employee leasing arrangement and is assigned employees by the employee leasing company. Client includes a "recipient" as defined in Section 414(n) of the Internal Revenue Code of 1986. (b) "Employee" means an individual in em…

(a) For the purposes of Emp 307, an employee leasing arrangement shall not include common paymaster arrangements wherein an employer shares employees with a commonly owned company within the meaning of Section 414(b) and (c) of the Internal Revenue Code of 1986, and which does no…

(a) Employee leasing companies shall notify the department in writing when they enter or terminate employee leasing arrangements with any New Hampshire client not later than 10 days of such event. (b) The notice required by (a) above shall include for each client company: (1) The…

(a) The employee leasing company shall file reports and pay contributions under the employee leasing company's state account number pursuant to RSA 282-A:74 at the rate assigned pursuant to RSA 282-A:87 and new wage base at the time of engagement. (b) Benefits paid to individuals…

The purpose of Emp 308 is to clarify the requirements for compliance with RSA 282-A:117-a. Notes N.H. Admin. Code § Emp 308.01 #6585, INTERIM, eff 10-1-97, EXPIRES: 1-29-98; ss by #6660, eff 12-23-97, EXPIRED: 12-23-05; ss by #8522, INTERIM, eff 12-23-05, EXPIRED: 6-21-06 New. #8…

(a) Every employing unit shall report: (1) The hiring of an individual who has not previously been employed by the employing unit, and who earns wages or any other form of compensation in New Hampshire; (2) The rehiring of an individual who previously performed services as an emp…

(a) A multistate employing unit which transmits reports magnetically or electronically may designate one of the states in which the employing unit has employees or contracts for services as the state to which reports will be transmitted. (b) A multistate employing unit choosing t…

(a) Reports shall be considered timely filed if:(1) Transmitted electronically not later than midnight of the business day immediately following the due date; (2) Postmarked first class mail not later than midnight of the business day immediately following the due date; (3) Recei…

(a) Contributions and other debts due the department shall be due and paid in the currency of the United States, by United States Postal money order, or by check drawn on a bank located in the United States. Any cost of exchange or clearance of any check used for the payment of c…

(a) Interest shall accrue on overpaid unemployment compensation benefits for which the claimant has been determined with fault as provided in RSA 282-A:165, IV, RSA 282-A:14, and Emp 502.03. (b) No interest shall be due on overpayments which are paid in full within 60 days from t…

(a) Except as provided in Emp 402.03(b), contributions of every employer on wages paid during a calendar quarter shall be due and paid to the department of employment security on or before the last day of the month following the calendar quarter during which said wages are paid. …

(a) For the purposes of RSA 282-A:8, II an "employing unit subject for either the current or preceding calendar year to the tax levied by the Federal Unemployment Tax Act as amended" shall include an employing unit which has in its employ individuals performing services that are …

Notes N.H. Admin. Code § Emp 403.02 #2234, eff 1-1-83; ss by #2930, eff 12-21-84; moved by #4521, eff 10-31-88 (see Emp 402.03) The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

The provisions of RSA 282-A:16 relative to the denial of annual earnings for services in training for, preparation for, and participation in athletic or sports events shall apply to athletes only. Notes N.H. Admin. Code § Emp 403.03 #2234, eff 1-1-83; ss by #2930, eff 12-21-84, E…

Notes N.H. Admin. Code § Emp 403.04 #2234, eff 1-1-83; ss by #2930, eff 12-21-84; rpld by #4522, eff 10-31-88 The amended version of this section by New Hampshire Register Volume 34, Number 41, eff.9/22/2014 is not yet available.

Notes N.H. Admin. Code § Emp 403.05 #2234, eff 1-1-83; ss by #2930, eff 12-21-84; rpld by #4523, eff 10-31-88

An individual who has established a benefit year pursuant to RSA 282-A:4 shall not be eligible to receive benefits in the individual's next benefit year unless: (a) The individual has earned at least $700 of wages during or subsequent to the established benefit year; and (b) The …

The job training program (JTP) is established to enhance public-private partnerships to recruit, train, and re-employ workers in order to meet New Hampshire's skills gap and worker shortage, by efficiently and timely assisting New Hampshire businesses and residentslooking for wor…

These rules shall apply to any entity for which assistance from the JTP is requested under WorkInvestNH and to any individual for which assistance from the JTP is requested under WorkNowNH. Notes N.H. Admin. Code § Emp 404.02 #7765, eff 9-27-02; ss by #8989, eff 9-22-07, EXPIRES:…

(a) "Beneficiary" means an individual determined eligible and currently receiving: (1) Medicaid; (2) Temporary assistance to needy families (TANF); and (3) Supplemental nutrition assistance (SNAP). (b) "Department" means the New Hampshire department of employment security. (c) "E…

(a) Entities that may receive funds from WorkInvestNH shall be: (1) Physically located or intending to be physically located in New Hampshire and whose employees are residents of New Hampshire or work at a business located or intending to be located in New Hampshire; and (2) In c…

No grant from WorkInvestNH shall be awarded to: (a) The state, including the state university system; (b) Any county, city, town, or other political subdivision which has not currently elected to pay contributions pursuant to RSA 282-A:71, II; or (c) Any organization or group of …