Title XXIII, Labor

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 of a building and covering the entire floor space of any room therein, shall have a sa…

As used in this chapter: I. "Employee" means any person who currently works or formerly worked, with or without compensation, in a workplace. The term "employee" does not include domestic workers or casual laborers employed at the place of residence of the employer. II. "Employee…

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 actions in the same court, and the order appealed from shall be prima facie valid and reasona…

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 their recommendations, to the court. One or more of such persons may be a layman conversant with the s…

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 by the superior court if justice requires. Except as herein provided, every order, rule o…

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 fix their compensation in accordance with the state personnel regulations and within the l…

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 affected thereby shall have had a reasonable opportunity to comply therewith.

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. The commissioner shall hold a hearing pursuant to RSA 277:25. The commissioner may orde…

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. Any person who willfully violates RSA 277:12 shall be guilty of a violation if a natural p…

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. Any employer wilfully neglecting to comply with the provisions of this section shall be guilty…

It shall be the duty of the commissioner to administer and enforce, so far as not otherwise provided for, all laws relating to factories, workshops, commercial and mercantile establishments, and all valid orders, rules or regulations.

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. 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 accompanied by a complete safety data sheet prepared by the manufacturer, producer, or formulato…

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 a certificate stating that he has made the inspection and has found the same safe or unsafe as …

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 shall: I. Keep on file in a convenient office location and make available for examination an…

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 non-refundable application fee of $100. Every applicant for a renewal license shall file with the commission…

I. Any person signing a contract to work on a construction, reconstruction, alteration, remodeling, installation, demolition, maintenance, or repair of any public work or building by a state agency, municipality, or instrumentality thereof, and with a total project cost of $100,0…

I. Every application for issuance or renewal of a license as an employee leasing company shall be accompanied by an audited financial statement prepared by an independent certified public accountant in accordance with generally accepted accounting principles. Such statement shall…

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 such substance until such time as the employer provides him with such information.

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 town, containing plasters, bandages, absorbent cotton, gauze and all other necessary medicines…

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 that person has filed any complaint or has instituted or caused to be instituted any procee…

Whoever violates RSA 277:6 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each week during which such violation continues shall constitute a separate offense.

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 to issue a license to any person or may suspend or revoke the license of any employee le…

Licenses 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. If an employee leasing company has been continuously licensed without revocation or suspension for a period of 5 years or mor…

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 of business and take samples of any unknown substance in order to ascertain compliance with t…

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 of labor. If the violation is of a continuing nature, each day during which it continues sha…

An employee leasing company and a client company shall be deemed co-employers and shall divide employment responsibilities as follows: I. An employee leasing company shall be solely responsible for: (a) Paying wages to leased employees. The employee leasing company may rely on in…

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 of apprenticeship agreements; II. To create opportunities for young people to obtain employment an…

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 of employees or association of employers has voluntarily elected to conform with its pro…

There is hereby created a state apprenticeship advisory council (the council), composed of: the labor commissioner or designee, the commissioner of the department of employment security or designee, the commissioner of the department of education or designee, a member representin…

The council shall meet as often as may be necessary, and in cooperation with the OA and state departments of education and labor, encourage approval of consistent standards for on-the-job training programs to be coordinated with related course instruction and included in apprenti…

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 advisory 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 duties as heretofore provided.

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 the responsibility of state and local boards of education. The state department of education shall…

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 OA, whenever the apprentice training needs of such trade or group of trades or such regions justify such establishment. Such lo…

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.] V. "Occupation," an industry, trade or business or branch thereof or class of work …

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

Except as otherwise provided by statute, any party aggrieved by a written decision of the commissioner may appeal such decision to the superior court not later than 20 days from the date thereof by petition setting forth that the decision is erroneous, in whole or in part, and sp…

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. Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and r…

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 allowances for meals and lodging. The maximum amounts of such deductions shall be as follows: I.…

Except as provided in RSA 279:22-aa and RSA 279:26-a, no person shall employ any individual with a disability as an employee at an hourly rate lower than that set forth in RSA 279:21.

I. 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 students working for practical experience, if circumstances warrant. Guidelines shall be establi…