Revision: March 23, 2018, 12:22 p.m.
SB 318 - AS AMENDED BY THE SENATE
03/22/2018 1198s
2018 SESSION
18-2900
04/08
SENATE BILL 318
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 18-2900
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Labor Commissioner; Inspections. RSA 273:9 is repealed and reenacted to read as follows:
273:9 Inspections. The commissioner may, subject to the provisions of this paragraph, without notice, visit, at a reasonable time, a manufacturing, mechanical or mercantile establishment in the state for the purpose of ascertaining compliance with the laws adopted under this title. The commissioner shall only visit such a specific location upon receipt of a complaint, with knowledge of other information that causes the commissioner to have an articulable suspicion that the violation identified in the complaint or other information will be substantiated by the visit to the location, or upon request of the employer to visit other specific locations.
2 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 to the seriousness of the violation which the commissioner has an articulable suspicion to believe exists. “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.
3 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.]
4 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.
5 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;
6 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.
7 Youth Employment Law; Prohibitions. Amend RSA 276-A:4, VI-VIII 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.
VII. No youth 16 or 17 years of age who is duly enrolled in school shall work for more than 6 consecutive days or [48] 56 hours in any one week during school vacations, including summer vacation. For purposes of this paragraph, "summer vacation" means June 1 through Labor Day. This prohibition shall not apply to youths 16 or 17 years of age who reside and work at a summer camp for minors.
VIII. No youth 16 or 17 years of age[, except a youth 16 or 17 years of age who has graduated from high school or obtained a general equivalency diploma,] shall be employed by an employer unless the employer obtains and maintains on file a signed written document from the youth's parent or legal guardian permitting the youth's employment. A youth who is 16 or 17 years of age who has graduated from high school or obtained a high school equivalency credential shall not require permission of a parent or legal guardian.
8 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.]
9 Youth Employment Law; Hours of Labor. Amend RSA 276-A:11 to read as follows:
276-A:11 Certain Labor. In addition to the prohibitions listed in RSA 276-A:4, III, IV, V, VI, and VII no youth shall be employed or permitted to work at manual or mechanical labor in any manufacturing establishment more than 10 hours in any one day, or more than 48 hours in any one week. No youth shall be employed or be permitted to work at manual or mechanical labor in any other employment, except household labor and nursing, domestic, hotel and cabin including dining and restaurant service operated in connection with such service, and boarding house labor, operating in telegraph and telephone offices and farm labor, or canning of perishable vegetables and fruit, or as a laboratory technician, more than 10-1/4 hours in any one day, or more than [54] 56 hours in any one week.
10 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.
11 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.
12 Repeal. RSA 276-A:22, relative to evidence of violations of youth employment in certain jobs, is repealed.
13 Effective Date. This act shall take effect upon its passage.