1 New Sections; Labor; Advance Notice of Work Schedule; Use of Credit History Prohibited. Amend RSA 275 by inserting after section 30-a the following new sections:

275:30-b Advance Notice of Work Schedule.

I. An employer with 10 or more employees in this state or 2 or more locations in this state shall provide an employee with a work schedule in writing at least 7 calendar days before the first day of the work schedule. The employer shall notify an employee at the time of hiring of the requirement under this section.

II. The employer shall post the written work schedule in a conspicuous and accessible location, in English and in at least one other language, if not English, that the employer typically uses to communicate with employees.

III. The employer shall provide a written work schedule that runs through the last date of the posted work schedule in effect at the time of delivery to:

(a) A new employee on or before the employee's first day of work; or

(b) An existing employee on the employee's first day of work after a leave of absence.

IV. The written work schedule shall include all work shifts and on-call shifts for the work period.

V. If the employer requests changes to the written work schedule after the advance notice required in this section:

(a) The employer shall provide the employee with timely notice of the change by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format; and

(b) The employee may decline any work shifts not included in the employee's written work schedule.

VI. At any time after the advance notice of written work schedule required in this section, an employee may request in writing that the employer add the employee to one or more work shifts or on-call work shifts. Any changes to the employee's written work schedule resulting from such employee-requested work schedule changes are not subject to the advance notice requirements of this section.

275:30-c Use of Credit History Prohibited. No employer, labor organization, or employment agency shall use or request information in the credit history of a job applicant or employee in connection with or as a criterion for employment decisions related to hiring, termination, promotion, demotion, discipline, compensation, or the terms, conditions, or privileges of employment unless the employer is required by state or federal law to use individual credit history for employment purposes, or the employer has a bona fide purpose for requesting or using information in the credit history report that is substantially related to the employee's current or potential job and the employer complies with the notice and consent requirements of the Federal Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq.

2 Labor; Day of Rest. Amend RSA 275:33 to read as follows:

275:33 Day of Rest; Rest Between Shifts.

I. No employer shall operate any such business on Sunday unless he or she has posted 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. No employee shall be required to work on the day of rest designated for him or her.

II.(a) No employer with 10 or more employees in this state or 2 or more locations in this state shall schedule or require an employee to work during the following rest periods, unless the employee requests or consents to work such hours:

(1) The first 10 hours following the end of the previous calendar day's work shift or oncall shift; or

(2) The first 10 hours following the end of a work shift or on-call shift that spanned 2 calendar days.

(b) An employer shall compensate an employee for each hour or portion of an hour that the employee works during a rest period described in subparagraph (a) at one and one-half times the employee's regular rate of pay.

(c) An employer shall notify an employee of the provisions of this section on the employee's first day of work.

3 Minimum Wage Law; Minimum Hourly Rate. Amend the introductory paragraph in RSA 279:21 to read as follows:

Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee or tipped employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.

Tipped employees of a restaurant, hotel, motel, inn or cabin, or ballroom who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions:

4 Effective Date. This act shall take effect 60 days after its passage.

1 New Sections; Labor; Advance Notice of Work Schedule; Use of Credit History Prohibited. Amend RSA 275 by inserting after section 30-a the following new sections:

275:30-b Advance Notice of Work Schedule.

I. An employer with 10 or more employees in this state or 2 or more locations in this state shall provide an employee with a work schedule in writing at least 7 calendar days before the first day of the work schedule. The employer shall notify an employee at the time of hiring of the requirement under this section.

II. The employer shall post the written work schedule in a conspicuous and accessible location, in English and in at least one other language, if not English, that the employer typically uses to communicate with employees.

III. The employer shall provide a written work schedule that runs through the last date of the posted work schedule in effect at the time of delivery to:

(a) A new employee on or before the employee's first day of work; or

(b) An existing employee on the employee's first day of work after a leave of absence.

IV. The written work schedule shall include all work shifts and on-call shifts for the work period.

V. If the employer requests changes to the written work schedule after the advance notice required in this section:

(a) The employer shall provide the employee with timely notice of the change by in-person conversation, telephone call, electronic mail, text message or other accessible electronic or written format; and

(b) The employee may decline any work shifts not included in the employee's written work schedule.

VI. At any time after the advance notice of written work schedule required in this section, an employee may request in writing that the employer add the employee to one or more work shifts or on-call work shifts. Any changes to the employee's written work schedule resulting from such employee-requested work schedule changes are not subject to the advance notice requirements of this section.

275:30-c Use of Credit History Prohibited. No employer, labor organization, or employment agency shall use or request information in the credit history of a job applicant or employee in connection with or as a criterion for employment decisions related to hiring, termination, promotion, demotion, discipline, compensation, or the terms, conditions, or privileges of employment unless the employer is required by state or federal law to use individual credit history for employment purposes, or the employer has a bona fide purpose for requesting or using information in the credit history report that is substantially related to the employee's current or potential job and the employer complies with the notice and consent requirements of the Federal Fair Credit Reporting Act, 15 U.S.C. section 1681 et seq.

2 Labor; Day of Rest. Amend RSA 275:33 to read as follows:

275:33 Day of Rest; Rest Between Shifts.

I. No employer shall operate any such business on Sunday unless he or she has posted 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. No employee shall be required to work on the day of rest designated for him or her.

II.(a) No employer with 10 or more employees in this state or 2 or more locations in this state shall schedule or require an employee to work during the following rest periods, unless the employee requests or consents to work such hours:

(1) The first 10 hours following the end of the previous calendar day's work shift or oncall shift; or

(2) The first 10 hours following the end of a work shift or on-call shift that spanned 2 calendar days.

(b) An employer shall compensate an employee for each hour or portion of an hour that the employee works during a rest period described in subparagraph (a) at one and one-half times the employee's regular rate of pay.

(c) An employer shall notify an employee of the provisions of this section on the employee's first day of work.

3 Minimum Wage Law; Minimum Hourly Rate. Amend the introductory paragraph in RSA 279:21 to read as follows:

Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee or tipped employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.

If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions:

4 Effective Date. This act shall take effect 60 days after its passage.