A number of laws and rules have been passed in New Hampshire to help shield workers against abuse by their employers. These regulations cover the minimum full-time and part-time designations, minimum earnings, overtime, paid leave, employment discrimination, and employee benefits.
In the past, it was believed that “employment” rules applied to all workplaces, but “labor” regulations were only assumed to apply to firms with unionized staff. However, practically all employers and employees in the private sector are covered by the National Labor Relations Act, which is overseen by the National Labor Relations Board (“NLRB”). The NLRB has concentrated its enforcement efforts recently on private non-unionized workforces.
This law grants both union and non-union employees a fairly broad legal right to “mutual aid” to one another regarding their employment, in addition to granting private employees the freedom to unionize.
The National Labor Relations Board (NLRB) has ruled in several cases over the past few years that “mutual aid” protects the majority of employee’s social media postings about their employment. It also grants employees the right to share information about their employment with one another, including their salaries, benefits, and other forms of compensation.
Full-time Versus Part-time
According to New Hampshire law, anyone who regularly works more than 35 hours per week is regarded to be “full-time.” As a result, persons who generally work fewer than 35 hours per week are referred to as “part-time” workers.
Overtime
In terms of required overtime pay, New Hampshire follows the Fair Labor Standards Act (FLSA), like many other states. As a result, New Hampshire law mandates that employees be paid at the rate of time and a half their regular rate of pay. This rate is only applicable for hours done during any given week that exceed forty. However, if an employee is excluded from FLSA protections, overtime rates do not apply.
Discrimination
When an employer treats an employee unfairly for reasons that are legally protected, such as by not promoting them or otherwise, this is known as discrimination. Federal and state laws also shield workers against discrimination.
Employers are not permitted to discriminate against employees in New Hampshire on the grounds of:
- Age,
- Sex,
- Sexual preference,
- Race,
- Religion,
- Color,
- Marriage status
- Family situation
- Handicap, either physical or mental, or
- Country of origin.
If you feel that you have been treated unfairly, you should see an employment lawyer because discrimination is a significant matter.
Fair Pay
According to New Hampshire’s equal pay law, employers are generally prohibited from treating employees differently based on their sex by paying employees of one sex less for doing the same job that requires the same amount of skill, effort, and responsibility and is carried out under comparable working conditions.
Different wages may be paid by an employer depending on:
- A system of seniority;
- A system based on merit or accomplishment;
- A system that gauges income based on the volume or quality of production;
- Expertise;
- Differential shifts, or
- Other observable criteria outside sexual orientation, such as training, education, or experience.
Equal Pay
The equal pay statute in New Hampshire prohibits employers from requiring applicants or employees to withhold information about their compensation as a condition of employment. Additionally, if an employee discloses their pay, benefits, or salary, the employer is not permitted to fire, punish, or otherwise discriminate against the employee.
Personnel Files
Requests for personnel file reviews from current and past workers are welcome. The employer is required to give the employee a fair chance to evaluate the file. Employees are also entitled to a copy of the entire or a portion of the file. The employer may assess an appropriate copying fee.
Whistleblower Defenses
The Whistleblowers’ Protection Act of New Hampshire shields workers who, in good faith:
- Report any infractions of local, state, or federal laws;
- Rebuke or decline to engage in illegal action;
- Refuse to carry out a prohibited order; or
- Become a part of a government inquiry or hearing into claims that the employer broke the law on a federal, state, or municipal level.
Be aware that, in cases where federal, state, or local laws conflict, the rule that gives the employee the most rights or benefits normally applies.
Hiring and Recruiting
Employers are permitted to obtain and use consumer reports per New Hampshire’s Fair Credit Reporting Act when employing new employees. In order to seek a consumer report as part of the application process, the employer is required to inform job applicants in writing and obtain their consent in writing. The name and address of the consumer reporting agency must be provided to the applicant if the employer decides not to hire a job applicant based on information in a consumer report.
Be aware that, in cases where federal, state, or local laws conflict, the rule that gives the employee the most rights or benefits normally applies.
Pay Per Hour
Important New Hampshire regulations that affect pay and hours include:
- Minimum Wage: The minimum wage in New Hampshire is correlated to the federal minimum wage. The minimum wage is different for workers who get tips.
- Overtime: Employees who are not exempt from this rule must be paid time and a half for all hours over 40 in a workweek.
- Meal Periods: Employees may not be required to work more than five hours without being given a 30-minute lunch break or eating period unless the employee can eat while working and the employer permits this.
- Using Children: In New Hampshire, there are restrictions on the kind of jobs minors can work and the hours and days they can work.
Except in an authorized apprenticeship, vocational rehabilitation, or training program, minors under the age of 18 may not be allowed to work in any hazardous occupation.
16 or 17-year-old minors are only permitted to work up to:
- Thirty hours in a workweek while five days of school are in session or six consecutive days;
- Six days in a row, or forty-one and a quarter hours in a workweek with four days of school; and
- When school is in session for more than one but fewer than four days, or during school breaks, including summer break, six consecutive days or 48 hours in a workweek are required.
Young people under the age of 16 may work:
- 7:00 a.m. or later (no later than 9:00 p.m.);
- During school days, no longer than three hours each day;
- During school weeks, no longer than 23 hours per week;
- On non-school days, no more than eight hours; and
- During school breaks, no more than 48 hours per week.
Be aware that, in cases where federal, state, or local laws conflict, the rule that gives the employee the most rights or benefits normally applies.
Health Care Continuation
In New Hampshire, those covered by an employer with two or more employees often have access to health care continuation. The federal COBRA program or New Hampshire statute, but not both, may be chosen by those covered by an employer with 20 or more employees.
Depending on the reason coverage is lost, New Hampshire’s statute offers a number of continuation coverage durations that typically range from 39 weeks to 36 months. Additionally, the law has specific requirements for divorcing or separated spouses.
Days Off
In New Hampshire, employers are not often required to give their staff paid time off or vacation. Additionally, New Hampshire does not normally force companies to offer their staff members benefits like health insurance. If any, these perks are typically covered under the employment contract between the employee and the company.
Where Can I Find the Ideal Attorney to Assist Me?
Use LegalMatch today to contact a New Hampshire labor attorney for advice on complying with the state’s labor laws if you believe your employee rights have been infringed. Your attorney can provide you with the legal information, advice, guidance, and representation for your case.
