HB 1072 - AS INTRODUCED
2026 SESSION
26-2390
06/09
HOUSE BILL 1072
AN ACT relative to employer notice of department of labor investigations.
SPONSORS: Rep. Labrie, Hills. 2; Rep. Creighton, Hills. 30; Rep. Giasson, Hills. 29; Rep. Granger, Straf. 2; Rep. Warden, Hills. 39; Rep. Drago, Rock. 4; Sen. Murphy, Dist 16
COMMITTEE: Labor, Industrial and Rehabilitative Services
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ANALYSIS
This bill:
I. Requires the labor commissioner to give at least 30 days’ written notice before any visit or inspection, including the purpose, complaint status, and alleged violation.
II. Requires at least 30 days for establishments to respond to document or interview demands, regardless of complaint status.
III. Allows shorter notice only with attorney general approval and only if:
(a) The establishment violated labor laws within the past 36 months.
(b) There is imminent risk to health or safety.
(c) Notice would likely lead to evidence destruction or interference.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2390
06/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to employer notice of department of labor investigations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Inspections. Amend RSA 273:9 to read as follows:
273:9 Inspections. The commissioner shall, at such times as he shall deem it necessary, and without notice, visit the manufacturing, mechanical and mercantile establishments in the state, so far as practicable, for the purpose of ascertaining whether the laws with reference to employment are complied with, and for the further purpose of ascertaining if reasonable sanitary and hygienic conditions are maintained, calculated to promote the health and welfare of the working people.
I. The commissioner shall provide notice of a visit or inspection to the owner of an establishment no less than 30 days prior to the visit. The notice shall state the specific lawful purpose of the visit, identify whether the visit or inspection is related to a complaint, and describe any alleged violation.
II. The commissioner shall allow an establishment that is subject to a request or demand for documents, written responses, or interviews, regardless of whether the request is based on a complaint, no less than 30 days from the date of the demand or response, to respond to such a request or demand.
III. The commissioner may conduct visits or inspections with less than 30 days’ notice, or make a request or demand for documents, responses, or interviews sooner than 30 days from the date of the request or demand, only if approved by the attorney general for one of the following reasons:
(a) The establishment was found to be in violation by the commissioner in the previous 36 months.
(b) The commissioner and attorney general reasonably believe that an alleged violation poses an imminent risk to the health or safety of employees, consumers, or the public.
(c) The commissioner and attorney general reasonably believe that complying with these requirements may result in the destruction of evidence or other interference on the part of the establishment.
2 Effective Date. This act shall take effect 60 days after its passage.
Nov. 12, 2025: Introduced 01/07/2026 and referred to Labor, Industrial and Rehabilitative Services HJ 1