Revision: May 9, 2019, 3:12 p.m.
SB 20 - VERSION ADOPTED BY BOTH BODIES
03/21/2019 0993s
2019 SESSION
19-1028
04/03
SENATE BILL 20
SPONSORS: Sen. Cavanaugh, Dist 16
COMMITTEE: Commerce
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ANALYSIS
This bill amends certain workplace notification and posting requirements; amends certain provisions of the youth employment law; amends the requirements for employer retention of hour and wage records; and establishes prima facie evidence of a violation of the youth employment laws.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/21/2019 0993s 19-1028
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 [and made available to employees] in a conspicuous place on the premises 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 or allowed to work on the day of rest designated for him or her. Any employer who violates this section shall be fined $50.
2 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];
3 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 [3 years] such periods of time, and make such reports therefrom to the commissioner, as [are required in statute] the commissioner shall prescribe by rule as necessary or appropriate for the enforcement of the provisions of this subdivision; and
VII. [Post and make available] Keep posted in a place accessible 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.
4 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 that work week.
(b) In any employer's predetermined designated work week during which school is in session [for] from one to 4 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 40-1/4 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.]
5 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.
6 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 [and make available to all employed youths a] in a conspicuous place where youths are employed a printed 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.
7 New Section; Youth Employment Law; Evidence of Violations. Amend RSA 276-A by inserting after section 22 the following new section:
276-A:22-a Evidence of Violation. The employment of any youth in any place or establishment defined in RSA 276-A:11 at any time other than the posted hours of labor shall be prima facie evidence of a violation of this subdivision.
8 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 [post and make available to his or her employees] keep 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.
9 Repeal. RSA 273:9-a, relative to the proportionality of inspections by the department of labor, is repealed.
10 Effective Date. This act shall take effect 60 days after its passage.