CHAPTER 330
HB 399 – FINAL VERSION
23Jan2008… 2592h
2008 SESSION
06/05
HOUSE BILL 399
AN ACT relative to the minimum hourly rate of compensation.
SPONSORS: Rep. Holden, Hills 7
COMMITTEE: Labor, Industrial and Rehabilitative Services
This bill clarifies the overtime rate of compensation for certain employees.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23Jan2008… 2592h
07-0862
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to the minimum hourly rate of compensation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
330:1 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.) except employees employed as delivery drivers or sales merchandisers who are exempt under section 13(b)(1) of such act.
(c) For the purposes of calculating the overtime rate of compensation required to be paid to the following employees, the regular rate shall be 1/40 of the employee’s weekly remuneration:
(1) Delivery drivers or sales merchandisers.
(2) Employees paid on a base salary and commission basis.
(3) Delivery drivers or sales merchandisers not exempt from the overtime requirements of the Fair Labor Standards Act.
330:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: Enacted in accordance with Article 44, Part II, of New Hampshire Constitution, without signature of governor, July 6, 2008.
Effective Date: September 4, 2008