SB318 (2018) Detail

(Second New Title) relative to posting and notification requirements for employers, establishing criteria for workplace inspections, and amending certain provisions of the youth employment law.


CHAPTER 312

SB 318 - FINAL VERSION

 

03/22/2018   1198s

26Apr2018... 1433h

05/23/2018   2039CofC

 

2018 SESSION

18-2900

04/08

 

SENATE BILL 318

 

AN ACT relative to posting and notification requirements for employers, establishing criteria for workplace inspections, and amending certain provisions of the youth employment law.

 

SPONSORS: Sen. French, Dist 7

 

COMMITTEE: Commerce

 

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AMENDED ANALYSIS

 

This bill establishes criteria under which the commissioner of the department of labor may conduct a workplace inspection; amends certain notification and posting requirements; amends certain provisions of the youth employment law; and amends the requirements for employer retention of hour and wage records.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/22/2018   1198s

26Apr2018... 1433h

05/23/2018   2039CofC 18-2900

04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to posting and notification requirements for employers, establishing criteria for workplace inspections, and amending certain provisions of the youth employment law.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

312:1  New Section; Labor Commissioner; Proportionality of Inspections.  Amend RSA 273 by inserting after section 9 the following new section:

273:9-a  Proportionality of Inspections.  All inspections performed by the commissioner shall be proportional and relative to the potential violations being inspected.  “Proportional” in this section shall be determined with reference to the importance of the issues at stake in the inspection, the degree to which the alleged violation involves risk of physical injury, the potential for lost wages, the amount in controversy, the parties’ relative access to relevant information, and the parties’ resources.

312:2  Protective Legislation; Day of Rest.  Amend RSA 275:33 to read as follows:

275:33  Day of Rest.  No employer shall operate any such business on Sunday unless he or she has posted [in a conspicuous place on the premises] and made available to employees a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each[, and shall promptly file a copy of such schedule and every change therein with the labor commissioner].  No employee shall be required [or allowed] to work on the day of rest designated for him or her.  [Whoever violates this section shall be fined $50.]

312:3  Protective Legislation; Payment of Wages.  Amend RSA 275:48, V(b) to read as follows:

(b)  "Uniform'' means a garment with a company logo or fashion of distinctive design, worn by one or more employees, and serving as a means of identification or distinction.  No employer shall require an employee to wear a uniform unless the employer provides each employee with a uniform reasonably suited for the conditions in which the employee would be required to wear one, at no cost to the employee.  An employee may purchase any other company garments or items if the employee chooses.

312:4  Protective Legislation; Notification, Posting and Records.  Amend RSA 275:49, II to read as follows:

II.  Notify his or her employees of any changes in the arrangements specified above prior to the time of such changes, provided however that there shall be no penalty for failure to provide notification to an employee concerning changes to the minimum hourly rate pursuant to RSA 279:21;

312:5  Protective Legislation; Notification, Posting, and Records.  Amend RSA 275:49, VI-VII to read as follows:

VI.  Make such records of the persons employed by him or her, including wage and hour records, preserve such records for [such periods of time] 3 years, and make such reports therefrom to the commissioner, as [the commissioner shall prescribe by regulation as necessary or appropriate] are required in statute for the enforcement of the provisions of this subdivision; and

VII.  [Keep posted in a place accessible to his or her] Post and make available to his or her employees the following:  "It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex.  If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor.''  This notice shall also include the address, phone number, and email address of department personnel to be contacted with complaints under this subdivision, as well as an Internet link to RSA 275:37.

312:6  Youth Employment Law; Prohibitions.  Amend RSA 276-A:4, VI to read as follows:

VI.(a)  In any employer’s predetermined designated work week during which school is in session for 5 days, no youth 16 or 17 years of age who is duly enrolled in school shall [be permitted to] work more than 6 consecutive days or more than 30 hours during [the school calendar week, which shall be Sunday through Saturday] that work week.

(b)  In any employer’s predetermined designated work week during which school is in session for 4 days, no youth 16 or 17 years of age who is duly enrolled in school shall work more than 6 consecutive days or more than 40-¼ hours in that work week.

(c)  In any employer’s predetermined designated work week during which school is in session for more than one but less than 4 days, no youth 16 or 17 years of age who is duly enrolled in school shall work more than 6 consecutive days or more than 48 hours in that work week.

312:7  Youth Employment Law; Enforcement.  Amend RSA 276-A:6 to read as follows:

276-A:6  Enforcement.  The commissioner shall have the responsibility for enforcing the provisions of this chapter.  [Investigators and truant officers shall visit and inspect all places of employment and cause the provisions of this chapter to be enforced as directed by the commissioner.  For this purpose they shall have the power to serve warrants.]

312:8  Youth Employment Law; Notice of Hours.  Amend RSA 276-A:20 to read as follows:

276-A:20  Notice of Hours.  Every employer shall post [in a conspicuous place in every room where youths are employed a printed] and make available to all employed youths a notice stating the hours of work, the time allowed for dinner or other meals, and the maximum number of hours any youth is permitted to work in any one day.

312:9  Employer's Records; Records of Hours and Wages.  Amend RSA 279:27 to read as follows:

279:27  Records of Hours and Wages.  Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary, and shall furnish to the commissioner or the commissioner's authorized representative upon demand a sworn statement of the same.  Employers shall retain such records of hours and wages for 3 years and such records shall be open to inspection by the commissioner or the authorized representative at any reasonable time, subject to the provisions of RSA 273:9.  Every employer subject to a statutory minimum wage shall [keep] post and make available to his or her employees a copy of such statutory minimum wage [posted in a conspicuous place in every establishment in which employees are employed].  Employers shall be furnished copies of posters on request without charge.

312:10  Repeal.  RSA 276-A:22, relative to evidence of violations of youth employment in certain jobs, is repealed.

312:11  Effective Date.  This act shall take effect upon its passage.

 

Approved: June 25, 2018

Effective Date: June 25, 2018

Links

SB318 at GenCourtMobile

Action Dates

Date Body Type
Jan. 16, 2018 Senate Hearing
March 8, 2018 Senate Floor Vote
March 8, 2018 Senate Floor Vote
March 15, 2018 Senate Floor Vote
March 14, 2018 Senate Floor Vote
March 14, 2018 Senate Floor Vote
March 14, 2018 Senate Floor Vote
March 15, 2018 Senate Floor Vote
March 15, 2018 Senate Floor Vote
March 22, 2018 Senate Floor Vote
March 15, 2018 Senate Floor Vote
March 21, 2018 Senate Floor Vote
March 21, 2018 Senate Floor Vote
March 22, 2018 Senate Floor Vote
March 22, 2018 Senate Floor Vote
April 4, 2018 House Hearing
April 11, 2018 House Exec Session
House Floor Vote
April 26, 2018 House Floor Vote
May 17, 2018 House Floor Vote
May 23, 2018 House Floor Vote
May 23, 2018 Senate Floor Vote

Bill Text Revisions

SB318 Revision: 4252 Date: June 27, 2018, 8:35 a.m.
SB318 Revision: 3940 Date: May 23, 2018, 12:50 p.m.
SB318 Revision: 3617 Date: April 26, 2018, 3:25 p.m.
SB318 Revision: 3340 Date: March 23, 2018, 12:22 p.m.
SB318 Revision: 2646 Date: Dec. 8, 2017, 12:02 p.m.

Docket

Date Status
Jan. 3, 2018 To Be Introduced 01/03/2018 and Referred to Commerce; SJ 1
Jan. 16, 2018 Hearing: 01/16/2018, Room 100, SH, 02:30 pm; SC 2
March 8, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/08/2018; SC 10A
March 8, 2018 Special Order to the next session, Without Objection, MA; 03/08/2018; SJ 6
March 14, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/14/2018; SC 11
March 15, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/15/2018; SC 11
March 14, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/14/2018; SC 11
March 15, 2018 Special Order to 03/15/2018, Without Objection, MA; 03/14/2018 SJ 7
March 15, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/15/2018;
March 22, 2018 Special Order to 03/22/2018, Without Objection, MA; 03/15/2018 SJ 8
March 15, 2018 Special Order to the next session, Without Objection, MA; 03/15/2018; SJ 8
March 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/22/2018; SC 13
March 21, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/21/2018; SC 13
March 22, 2018 Special Order to 03/22/2018, Without Objection, MA; 03/21/2018 SJ 9
March 22, 2018 Committee Report: Ought to Pass with Amendment # 2018-0981s, 03/22/2018;
March 22, 2018 Special Order to to after the addendum, Without Objection, MA; 03/22/2018; SJ 10
March 22, 2018 Committee Amendment # 2018-0981s, AF, VV; 03/22/2018; SJ 10
March 22, 2018 Sen. Bradley Offered Floor Amendment # 2018-1198s; 03/22/2018; SJ 10
March 22, 2018 Sen. Feltes Moved to divide the Question on 2018-1198s; 03/22/2018; SJ 10
March 22, 2018 The Chair ruled the Question Divisible; 03/22/2018; SJ 10
March 22, 2018 Sen. Feltes Moved to divide the Question on 2018-1198s: Sec. 7.VII, Sec. 13; 03/22/2018; SJ 10
March 22, 2018 Sections 7.VII and 13, RC 12Y-9N, Adopted; 03/22/2018; SJ 10
March 22, 2018 Sen. Feltes Moved to divide the Question on 2018-1198s: Sec.8, Sec.13; 03/22/2018; SJ 10
March 22, 2018 Sections 8 and 13, RC 12Y-9N, Adopted; 03/22/2018; SJ 10
March 22, 2018 Sen. Feltes Moved to divide the Question on 2018-1198s: Sec.12, Sec.13; 03/22/2018; SJ 10
March 22, 2018 Sections 12 and 13, RC 11Y-10N, Adopted; 03/22/2018; SJ 10
March 22, 2018 Sen. Gannon Moved to divide the Question on 2018-1198s: Sec.7.VI, Sec.13; 03/22/2018; SJ 10
March 22, 2018 Sections 7.VI and 13, RC 11Y-10N, Adopted; 03/22/2018; SJ 10
March 22, 2018 2018-1198s All Remaining Sections, and Sec.13, RC 11Y-10N, Adopted; 03/22/2018; SJ 10
March 22, 2018 Ought to Pass with Amendment 2018-1198s, RC 11Y-10N, MA; OT3rdg; 03/22/2018; SJ 10
March 22, 2018 Introduced 03/22/2018 and referred to Labor, Industrial and Rehabilitative Services HJ 10 P. 52
April 4, 2018 Public Hearing: 04/04/2018 10:00 AM LOB 307
April 10, 2018 Subcommittee Work Session: 04/10/2018 10:30 AM LOB 307
April 11, 2018 Full Committee Work Session: 04/11/2018 10:00 AM LOB 307
April 11, 2018 Executive Session: 04/11/2018 LOB 307
April 26, 2018 Majority Committee Report: Ought to Pass with Amendment # 2018-1433h (NT) for 04/26/2018 (Vote 11-9; RC) HC 16 P. 14
Majority Committee Report: Ought to Pass with Amendment # 2018-1433h (NT) (Vote 11-9; RC)
Minority Committee Report: Refer for Interim Study
April 26, 2018 Amendment # 2018-1433h: AA VV 04/26/2018
April 26, 2018 FLAM # 2018-1726h (Rep. D. Ley): AF RC 149-154 04/26/2018
April 26, 2018 Ought to Pass with Amendment 1433h: MA VV 04/26/2018
May 2, 2018 Sen. Sanborn Moved Nonconcur with the House Amendment; Requests C of C, MA, VV; 05/02/2018; SJ 15
May 2, 2018 President Appoints: Senators Sanborn, French, Lasky; 05/02/2018; SJ 15
May 10, 2018 House Accedes to Senate Request for CofC (Rep. S. Schmidt): MA VV 05/10/2018
May 10, 2018 Speaker Appoints: Reps. Murphy, Avellani, S. Schmidt, Baldasaro 05/10/2018
May 16, 2018 Committee of Conference Meeting: 05/16/2018, 12:30 pm, Room 100, SH
May 17, 2018 Conference Committee Report # 2018-2039c Filed 05/17/2018; House Amendment + New Amendment
May 23, 2018 Conference Committee Report 2039c: Adopted, RC 182-156 05/23/2018
May 23, 2018 Conference Committee Report # 2018-2039c; RC 12Y-11N, Adopted; 05/23/2018; SJ 18
May 23, 2018 Enrolled 05/23/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
June 25, 2018 Signed by the Governor on 06/25/2018; Chapter 0312; Effective 06/25/2018 SC 27
June 25, 2018 Signed by the Governor on 06/25/2018; Chapter 0312; Effective 06/25/2018