1 New Section; Administrative Orders for Employers' Failure to Make Payment of Wages. Amend RSA 275 by inserting after section 51 the following new section:

275:51-a Administrative Orders for Employers' Failure to Make Payment of Wages.

I. If the commissioner determines, after an inspection pursuant to RSA 275:51, that an employer is knowingly in violation, or will knowingly be in violation, of the requirement of RSA 275:43, I to issue payment to its employees, the commissioner may issue a stop work order against the employer requiring the cessation of all business operations of such employer. Such stop work order shall be issued only against an employer found to be in violation. The commissioner may serve a stop work order at a place of business or employment by posting a copy of the stop work order in a conspicuous location at the place of business or employment.

II. Any employer aggrieved by the imposition of a stop work order shall have 10 days from the date of service to appeal such order. Any employer who timely files such appeal shall be granted a hearing by the commissioner within 5 days of receipt of appeal. The stop work order shall not be in effect during the pendency of any timely filed appeal. The commissioner shall rescind a stop work order if the commissioner finds at the hearing that the employer has paid all wages due. If the commissioner finds at the hearing that the employer is not in compliance with the requirements of RSA 275:43, I, the stop work order shall be effective immediately on the conclusion of the hearing and shall remain in effect until such time as the employer provides evidence, satisfactory to the commissioner, that the employer has paid such wages.

III. A stop work order imposed under this section against any corporation, partnership, sole proprietorship, or limited liability company shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership, sole proprietorship, or limited liability company against which the stop work order was issued and are engaged in the same or equivalent trade or activity.

IV. An employer who violates a stop work order shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

V. Decisions rendered by the commissioner of the department of labor under paragraph II may be appealed pursuant to RSA 541.

2 New Section; Workers' Compensation; Liability of Employer Failing to Comply. Amend RSA 281-A by inserting after section 7 the following new section:

281-A:7-a Administrative Orders for Employers' Failure to Secure Compensation Coverage.

I. In addition to the provisions of RSA 281-A:7, the commissioner may issue a stop work order against an employer subject to this chapter that fails to comply with RSA 281-A:5 by not securing payment of compensation, requiring the cessation of all business operations at the place of employment or job site. Such order shall take effect immediately upon its service upon said employer, until such employer provides evidence, satisfactory to the commissioner that the employer has secured any necessary insurance or self-insurance. The commissioner may serve a stop work order at a place of business or employment by posting a copy of the stop work order in a conspicuous location at the place of business or employment.

II. Any employer aggrieved by the imposition of a stop work order shall have 10 days from the date of its service to appeal such order. Any employer who timely files such appeal shall be granted a hearing by the commissioner within 5 days of receipt of the appeal. The stop work order shall not be in effect during the pendency of any timely filed appeal. The commissioner may rescind a stop work order if the commissioner finds at the hearing that the employer has at all times been in compliance with this chapter. If the commissioner finds at the hearing that the employer is not in compliance with this chapter, the stop work order shall be effective immediately on the conclusion of the hearing and shall remain in effect until such time as the employer provides evidence, satisfactory to the commissioner, that the employer has secured any necessary insurance or self-insurance.

III. A stop work order issued under this section against any corporation, partnership, sole proprietorship, or limited liability company shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership, sole proprietorship, or limited liability company against which the stop work order was issued and are engaged in the same or equivalent trade or activity.

IV. An employer who violates an issued stop work order shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

V. Decisions rendered by the commissioner of the department of labor under paragraph II may be appealed pursuant to RSA 541.

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

1 New Section; Administrative Orders for Employers' Failure to Make Payment of Wages. Amend RSA 275 by inserting after section 51 the following new section:

275:51-a Administrative Orders for Employers' Failure to Make Payment of Wages.

I. If the commissioner determines, after an inspection pursuant to RSA 275:51, that an employer is knowingly in violation, or will knowingly be in violation, of the requirement of RSA 275:43, I to issue payment to its employees, the commissioner may issue a stop work order against the employer requiring the cessation of all business operations of such employer. Such stop work order shall be issued only against an employer found to be in violation. The commissioner may serve a stop work order at a place of business or employment by posting a copy of the stop work order in a conspicuous location at the place of business or employment.

II. Any employer aggrieved by the imposition of a stop work order shall have 10 days from the date of service to appeal such order. Any employer who timely files such appeal shall be granted a hearing by the commissioner within 5 days of receipt of appeal. The stop work order shall not be in effect during the pendency of any timely filed appeal. The commissioner shall rescind a stop work order if the commissioner finds at the hearing that the employer has paid all wages due. If the commissioner finds at the hearing that the employer is not in compliance with the requirements of RSA 275:43, I, the stop work order shall be effective immediately on the conclusion of the hearing and shall remain in effect until such time as the employer provides evidence, satisfactory to the commissioner, that the employer has paid such wages.

III. A stop work order imposed under this section against any corporation, partnership, sole proprietorship, or limited liability company shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership, sole proprietorship, or limited liability company against which the stop work order was issued and are engaged in the same or equivalent trade or activity.

IV. An employer who violates a stop work order shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

V. Decisions rendered by the commissioner of the department of labor under paragraph II may be appealed pursuant to RSA 541.

2 New Section; Workers' Compensation; Liability of Employer Failing to Comply. Amend RSA 281-A by inserting after section 7 the following new section:

281-A:7-a Administrative Orders for Employers' Failure to Secure Compensation Coverage.

I. In addition to the provisions of RSA 281-A:7, the commissioner may issue a stop work order against an employer subject to this chapter that fails to comply with RSA 281-A:5 by not securing payment of compensation, requiring the cessation of all business operations at the place of employment or job site. Such order shall take effect immediately upon its service upon said employer, until such employer provides evidence, satisfactory to the commissioner that the employer has secured any necessary insurance or self-insurance. The commissioner may serve a stop work order at a place of business or employment by posting a copy of the stop work order in a conspicuous location at the place of business or employment.

II. Any employer aggrieved by the imposition of a stop work order shall have 10 days from the date of its service to appeal such order. Any employer who timely files such appeal shall be granted a hearing by the commissioner within 5 days of receipt of the appeal. The stop work order shall not be in effect during the pendency of any timely filed appeal. The commissioner may rescind a stop work order if the commissioner finds at the hearing that the employer has at all times been in compliance with this chapter. If the commissioner finds at the hearing that the employer is not in compliance with this chapter, the stop work order shall be effective immediately on the conclusion of the hearing and shall remain in effect until such time as the employer provides evidence, satisfactory to the commissioner, that the employer has secured any necessary insurance or self-insurance.

III. A stop work order issued under this section against any corporation, partnership, sole proprietorship, or limited liability company shall be effective against any successor entity that has one or more of the same principals or officers as the corporation, partnership, sole proprietorship, or limited liability company against which the stop work order was issued and are engaged in the same or equivalent trade or activity.

IV. An employer who violates an issued stop work order shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

V. Decisions rendered by the commissioner of the department of labor under paragraph II may be appealed pursuant to RSA 541.

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