CHAPTER 327
HB 1242 – FINAL VERSION
05Mar2008… 0209h
05/15/08 1905s
04Jun2008… 2037cofc
2008 SESSION
03/04
HOUSE BILL 1242
AN ACT relative to the prohibition on employee consumption of beverage or liquor and relative to the minimum hourly rate of compensation.
SPONSORS: Rep. Kaelin, Hills 4
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill:
I. Defines liquor licensee employee for purposes of the prohibition on employee consumption of beverage or liquor.
II. Clarifies the overtime rate of compensation for certain employees.
III. Nullifies the provisions of HB 399 of the 2008 legislative session.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05Mar2008… 0209h
05/15/08 1905s
04Jun2008… 2037cofc
08-2385
03/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the prohibition on employee consumption of beverage or liquor and relative to the minimum hourly rate of compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
327:1 Employee Restrictions; Beverage or Liquor Consumption. Amend RSA 179:20, II to read as follows:
II. No on-premises or off-premises licensee shall consume beverage or liquor while working. No employee, [with or without compensation] as defined in RSA 275:4, II, shall consume beverage or liquor while working.
327:2 Exceptions to Minimum Hourly Rate. Amend RSA 279:21, VIII(b) to read as follows:
(b) Any employee of employers covered under the provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. section 201, et seq.); provided however, employers that pay any delivery drivers or sales merchandisers an overtime rate of compensation for hours worked in excess of 40 hours in any one week shall not calculate such overtime rate of compensation by the fluctuating workweek method of overtime payment under 29 C.F.R. section 778.114.
327:3 Nullification. The provisions of HB 399 of the 2008 legislative session shall not take effect.
327:4 Effective Date.
I. Sections 1 and 2 of this act shall take effect January 1, 2009.
II. The remainder of this act shall take effect upon its passage.
Approved: July 3, 2008
Effective Date: I. Sections 1 and 2 shall take effect January 1, 2009.
II. Remainder shall take effect July 3, 2008.