Revision: Jan. 21, 2010, midnight
HB 1138 – AS INTRODUCED
2006 SESSION
06/03
HOUSE BILL 1138
AN ACT relative to required pay for employees called into work.
SPONSORS: Rep. Renzullo, Hills 27
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill requires an employer to pay 4 hours’ pay to any employee called into work. Hours added before or after a regular shift are exempt but employees may refuse the hours or work fewer than the requested hours without consequence. On-call employees are not subject to these provisions if they are paid an on-call stipend.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2054
06/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to required pay for employees called into work.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Required Pay; Increased to 4 Hours. RSA 275:43-a is repealed and reenacted to read as follows:
275:43-a Required Pay.
I. On any day an employee reports to work at an employer’s request, the employee shall be paid not less than 4 hours’ pay at his or her regular rate of pay. An employee may volunteer to work fewer hours than requested by the employer and be paid for only the hours worked or may refuse extra hours without consequence. Each instance of an employee’s voluntary acceptance of fewer than 4 hours shall be reported to the labor commissioner within 72 hours.
II. This section shall not apply to county or municipal employers.
III. No employer who makes a good faith effort to notify an employee not to report to work shall be liable to pay wages under this section. However, if the employee reports to work after the employer’s attempt to notify the employee has been unsuccessful or if the employer is prevented from making notification for any reason, the employee shall perform whatever duties are assigned by the employer at the time the employee reports to work.
IV. This section shall not apply to hours added before or after an employee’s regular shift.
V. Employees who are “on-call” are not subject to this section if they receive an on-call stipend.
2 Effective Date. This act shall take effect 60 days after its passage.