Revision: March 13, 2024, 8:35 a.m.
Rep. Granger, Straf. 2
January 29, 2024
2024-0303h
11/08
Amendment to HB 1246
Amend RSA 275:43, I as inserted by section 1 of the bill by replacing it with the following:
I. Every employer shall pay all wages due to employees within 8 days after the expiration of the work week if the employee is paid on a weekly basis, or within 15 days after the expiration of the work week if the employee is paid on a biweekly basis, except when permitted to pay wages less frequently as authorized by the commissioner pursuant to paragraph IV or IV-a(a), on regular paydays designated in advance by the employer and at no cost to the employee:
(a) In lawful money of the United States;
(b) In gold or silver, provided that both the employee and employer have agreed to such payment in writing;
[(b)] (c) By electronic fund transfer;
[(c)] (d) By direct deposit with written authorization of the employee to banks of the employee's choice;
[(d)] (e) By a payroll card provided that the employer shall provide to the employee at least one free means to withdraw up to and including the full amount of the employee balance in the employee's payroll card or payroll card account during each pay period at a financial institution or other location convenient to the place of employment. None of the employer's costs associated with a payroll card or payroll card account shall be passed on to the employee; or
[(e)] (f) With checks on a financial institution convenient to the place of employment where suitable arrangements are made for the cashing of such checks by employees for the full amount of the wages due; provided, however, that if an employer elects to pay employees as specified in subparagraphs (b), (c), [or] (d), or (e), the employer shall offer employees the option of being paid as specified in subparagraph [(e)] (f), and further provided that all wages in the nature of health and welfare fund or pension fund contributions required pursuant to a health and welfare fund trust agreement, pension fund trust agreement, collective bargaining agreement, or other agreement adopted for the benefit of employees and agreed to by the employer shall be paid by every such employer within 30 days of the date of demand for such payment, the payment to be made to the administrator or other designated official of the applicable health and welfare or pension trust fund.
Amend the bill by inserting after section 1 the following and renumbering the original section 2 to read as 3.
2 Payment of Wages By Check; Civil Penalty. Amend RSA 273:11-a(b) to read as follows:
(b) Payment of wages by checks on a financial institution that is not convenient to the place of employment as required by RSA 275:43, I[(e)](f).