New Hampshire Employment Law Update – July 2018

New Hampshire

Health Care Provider Employment Restrictions

On June 25, 2018, New Hampshire Governor Chris Sununu signed legislation (S.B. 473) prohibiting contract provisions that limit the ability of nurses and podiatrists to practice in any geographic area after leaving a partnership, professional relationship, or other employment.

The law became effective June 25, 2018.

Read NH S.B. 473

Amendments to Employment of Minors, Wage and Hour, and Workplace Safety Laws

On June 25, 2018, New Hampshire Governor Chris Sununu signed legislation (S.B. 318) amending:

  • Employer notification and posting requirements under the wage and hour and employment of minors’ laws.
  • Provisions of the employment of minors’ law regarding permitted working hours when a minor is enrolled in school.
  • Retention of wage and hour records, which must now be maintained for three years.

The law also establishes criteria under which the New Hampshire Department of Labor may conduct a workplace inspection in manufacturing, mechanical, and mercantile establishments.

The law became effective June 25, 2018.

Read NH S.B. 318

Workers’ Compensation and Direct Deposit

On June 25, 2018, New Hampshire Governor Chris Sununu signed legislation (S.B. 84) authorizing employers, or their insurance carriers, to make direct deposit payments to injured workers for workers’ compensation benefits when direct deposit is elected by the injured worker. Under the law, an employer or its insurance carrier must:

  • Provide written notification to the injured worker about his or her right to direct deposit payments.
  • Make direct deposit payments six weeks from the date of disability, when elected.

If direct deposit is not elected, a paper check must be mailed to the injured worker.

The law is effective January 1, 2019.

Read NH S.B. 84

Implanting of Subcutaneous Identification Devices in Individuals

On June 12, 2018, New Hampshire Governor Chris Sununu signed legislation (H.B. 1372) prohibiting the implanting of subcutaneous identification devices in individuals. Specifically, a partnership, limited liability company, corporation, and any other organization, including for-profit and not-for-profit entities and the government, may not require, coerce, or compel an individual to undergo the subcutaneous (under the skin) implanting or other internal or external bodily possession of an identification device. An identification device is any item, application, or product that is passively or actively capable of transmitting personal information, including, but not limited to, devices using radio frequency technology.

The law also includes definitions, exceptions, penalties, and statute of limitations for actions.

The law is effective January 1, 2019.

Read NH H.B. 1372

Wage Payment Intervals

On May 30, 2018, New Hampshire Governor Chris Sununu signed legislation (S.B. 428) amending the intervals for payment of wages to weekly and biweekly employees. Prior to the legislation, employers were required to pay employee wages at regular intervals not to exceed 14 days.

According to the new law, every employer must now pay all wages due to employees within eight 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.

The law is effective July 29, 2018.

Read NH S.B. 428