New Hampshire Code of Administrative Rules
Emp - Commissioner, Department of Employment Security
Chapter Emp 300 - EMPLOYER REQUIREMENTS
Part Emp 303 - RECORDS AND REPORTS
Section Emp 303.13 - Mass Layoffs

Universal Citation: NH Admin Rules Emp 303.13

Current through Register No. 40, October 3, 2024

(a) An employing unit or employer shall be required to report pursuant to RSA 282-A:45-a if the employing unit or employer lays off or expects to lay off 25 or more individuals:

(1) In the same calendar week;

(2) For an expected duration of 7 calendar days or more; and

(3) Due to:
a. A vacation shutdown;

b. Holiday shutdown; or

c. Company closure.

(b) An employing unit or employer required to report pursuant to RSA 282-A:45-a shall report to the department the following information:

(1) The employing unit's or employer's full business name, including DBA, and the telephone number the employing unit or employer wishes the department to use for additional layoff information;

(2) The employing unit's or employer's New Hampshire employer account number;

(3) The physical location, or if more than one, locations where:
a. Each individual performs services;

b. If an individual's services are not generally performed in the same location, the individual's base of operations; or

c. If the individual's services are not generally performed in the same location and the individual does not have a base of operations, then the place from which the individual's services are directed and controlled;

(4) The mailing address, or if more than one, addresses of each location provided in subparagraph (3) above;

(5) The reason for the layoff;

(6) The calendar week in which the layoff has occurred or is expected to occur;

(7) The total number of individuals laid off or expected to be laid off; and

(8) For each individual laid off:
a. The individual's first and last name;

b. The individual's social security number;

c. The last day on which the individual performed services;

d. Whether the employing unit or employer expects the layoff to be permanent or temporary;

e. If the layoff is expected to be temporary, the anticipated reemployment date; and

f. The amount of any payments made or expected to be made for wages as defined at RSA 282-A:14,III for, during and after the calendar week in which the individual last performed services.

(c) Wages reportable pursuant to (b)(8)f. above shall include but are not limited to, gross wages for work performed and any vacation, bonus, longevity, stay, retention, attendance, holiday, or similar payments.

(d) The department of employment security shall prepare a form, known as a "Mass Layoff Notice", which shall be appropriate for use by employing units and employers to report the information required to be reported pursuant to Emp 303.13(b).

(e) The employing unit or employer shall report either on:

(1) A "Mass Layoff Notice" form as described at Emp 303.13(d); or

(2) A format requested by the employing unit or employer which the department has determined to:
a. Contain all legally required information;

b. Have a sequence of information which allows efficient data entry; and

c. Be clear and legible.

(f) An employing unit or employer which has a mass layoff shall file a "Mass Layoff Notice" or other format allowed under Emp 303.13(e):

(1) Not later than 3 business days following the end of the calendar week in which a reportable mass layoff occurs if the mass layoff is due to a company closure; or

(2) Not later than 7 business days following the end of the calendar week in which a reportable mass layoff occurs if the mass layoff is due to a vacation shutdown or a holiday shutdown.

(g) The department shall make inquiry of an employing unit or employer whether a reportable mass layoff is expected if the commissioner finds the inquiry is necessary due to:

(1) The employing unit or employer having had a reportable mass layoff within the prior 12 calendar months;

(2) The department has received information that a reportable mass layoff may occur; or

(3) Similar reasons.

(h) Upon inquiry by the department pursuant to Emp 303.13(g) an employing unit or employer shall advise the department within 7 business days whether it anticipates having a reportable mass layoff within the 12 month period following the department's inquiry.

(i) An employing unit or employer responding to a department inquiry request under Emp 303.13(h) which does anticipate having a reportable mass layoff shall file a "Mass Layoff Notice" form or other format allowed under Emp 303.13(e) containing the information required at Emp 303.13(b)(1), (2), (6) and (7) within 7 business days of the department's inquiry.

(j) The commissioner shall waive the requirement that an employing unit or employer report pursuant to RSA 282-A:45-a if the commissioner determines, either on the commissioner's own motion or in response to a request for waiver, that it is unlikely that 25 or more of the individuals laid off will file an initial claim due to the expected receipt of wages.

(k) An employing unit or employer shall request waiver of the requirement that it report pursuant to RSA 282-A:45-a not later than 14 days prior to the week in which the reportable mass layoff is expected to occur.

(l) A request for waiver of the requirement that an employing unit or employer report pursuant to RSA 282-A:45-a shall be in writing, shall give all reasons the employing unit or employer wishes considered and shall:

(1) Be signed by:
a. The employing unit or employer, one or more general partners, one or more members of a limited liability company or a duly authorized employee; or

b. An agent authorized pursuant to Emp 303.10;

(2) State the name and title of the individual signing;

(3) State the telephone number of the individual signing; and

(4) State the date of execution.

(m) Any waiver granted under Emp 303.13(h) shall become void upon notice from the commissioner that 25 or more of the individuals laid off have in fact filed a claim for benefits. In that case, an employing unit or employer previously granted a waiver shall file a complete "Mass Layoff Notice" form or other format allowed under Emp 303.13(e) within 2 business days of such notice.

(n) An employing unit or employer which has fully reported an individual under RSA 282-A:45-a and Emp 303.13 shall not be required to report such individual under RSA 282-A:45 and Emp 303.08.

(o) An employing unit or employer not required to report pursuant to RSA 282-A:45-a may voluntarily do so.

(p) An employing unit or employer shall not report an individual pursuant to RSA 282-A:45-a if there is any reason for the individual's separation from employment other than:

(1) A vacation shutdown;

(2) Holiday shutdown; or

(3) Company closure.

#8558, INTERIM, eff 1-31-06, EXPIRED: 7-30-06; ss by #8675, eff 7-8-06; renumbered by #10081 (formerly Emp 302.13); ss by #10673, eff 9-22-14

The amended version of this section by New Hampshire Register Volume 35, Number 49, eff.11/12/2015 is not yet available.

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