New Hampshire Code of Administrative Rules
Lab - Commissioner, Department of Labor
Chapter Lab 800 - PAYMENT OF WAGES AND REQUIREMENTS OF EMPLOYERS
Part Lab 803 - RESPONSIBILITIES OF EMPLOYERS AND THEIR REPRESENTATIVES
Section Lab 803.03 - Notification and Records

Universal Citation: NH Admin Rules Lab 803.03

Current through Register No. 40, October 3, 2024

(a) Every employer shall at the time of hiring and prior to any changes notify his or her employees in writing as to the rate of pay or salary, whether by daily, weekly, biweekly, semi-monthly, or yearly, or by commissions, as well as the day and place of payment and the specific methods used to determine wages due pursuant to RSA 275: 49.

(b) Every employer shall provide his or her employees with a written or posted detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employee's expenses, pension, and all other fringe benefits per RSA 275: 49.

(c) Pursuant to RSA 275:49, every employer shall inform his or her employees in writing of any change to such employees rate of pay, salary, or employment practices or policies as referred to in Lab 803.03(a) and (b) prior to the effective date of such change.

(d) Pursuant to RSA 275:49, any vacation pay, holiday pay, sick pay, bonus pay, personal day pay, employee expenses, and all other fringe benefits earned, accrued, or vested prior to any change shall not lapse due to the change.

(e) Pursuant to RSA 275:49, IV, every employer shall make available to his or her employees in a written statement information regarding the deductions allowed in RSA 275:48.

(f) Pursuant to RSA 279:27 and RSA 275:49, VI, relative to record keeping requirements, every employer shall:

(1) Record payroll information so that time records, showing the time work began and ended including any bonafide meal periods, shall support individual pay sheets and that payroll sheets, in turn, shall support canceled checks or cash receipts;

(2) Require that time records with entries that are altered shall be signed or initialed by the employee whose record was altered;

(3) Not make use of automated time keeping devices or software programs that can be altered by an employer without the knowledge of the employee, or that do not clearly indicate that a change was made to the record;

(4) Make such good records as shall show the exact basis of remuneration of an employee's compensation;

(5) Make any such records available if requested, to show other than an employer-employee relationship; and

(6) Maintain on file a signed copy of the written notifications, signed by the employee and provided to each employee as required by Lab 803.03(a), (b), and (c) above.

(g) Pursuant to RSA 279:27 and RSA 275:49, VI, every employer shall keep a record of hours worked by all of its employees except for employees who are exempt under 29 U.S.C. section 213(a) of the Fair Labor Standards Act. Said records shall be preserved and stored for a period of no less than 3 years.

(h) RSA 275:43-a shall not apply to employees who report to work and then request to leave on the basis of illness, personal or family emergency provided that a written explanation, initialed by the employee is entered on the employee's time slip or card.

(i) RSA 275:43-a shall not apply to employees who are hired for positions with duties that consistently require that they will work less than 2 hours per work day and report to work with the understanding that they will work less than 2 hours per work day, provided that the employees are notified in writing, upon hire.

(j) RSA 275:43-a shall not apply to health care employees of community-based outreach services providers who voluntarily make schedule changes to meet the needs of the physically or mentally infirm clients they serve and who sign a statement upon hire stating that they understand this job requirement.

#2515, eff 10-25-83; ss by #4017, eff 3-21-86; EXPIRED: 3-21-92

New. #5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.04)

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