N.H. Admin. Code § Lab 803.01 - Payment of Wages
(a) Pursuant to
RSA 275:43, I and
II, every employer shall pay all wages due to
his or her employees, after the expiration of the workweek on regular paydays
designated in advance. Biweekly payments of wages shall meet the requirement
provided the first payment of wages is made within 8 days, including Sunday,
after expiration of the weeks in which the work is performed on a biweekly
basis with designated paydays falling every 14 days thereafter.
(b) Every employer who requests permission to
pay less frequently than required by
RSA 275:43,
I, shall supply the department with the
following:
(1) Method of payment;
(2) Whether the employer wishes to pay
semi-monthly or monthly;
(3) When
each pay period begins and when each pay period ends;
(4) Designated payday;
(5) Classification of employees;
(6) The salary range of the employees
involved; and
(7) The employer's
federal identification number.
(c) Permission shall be granted pursuant to
RSA 275:43,
IV on a case by case basis provided the
following terms and conditions are met:
(1)
The information supplied pursuant to Lab 803.01(b), above, is
complete;
(2) The designated payday
is on a regular schedule which is no less frequent than monthly;
(3) The employer has no history of wage and
hour violations; and
(4) The
employees of the employer making such request will not endure financial
hardship by a decrease in pay frequency.
(d) If permission is granted pursuant to Lab
803.01(c) above, the permission shall be valid for an indefinite period of
time, provided that:
(1) No complaints are
received from the employees involved;
(2) Payroll is regularly satisfied on the
designated payday;
(3) The
information provided pursuant to Lab803.01(b) does not change; and
(4) The employer remains in compliance with
all New Hampshire labor laws.
(e) Pursuant to
RSA
275:44, I and II, every
employer who discharges an employee shall pay all wages owed within 72 hours
either by physically giving payment to the employee or by mailing the payment
to the employee, at the discretion of the employee. The employer shall pay in
full the wages of an employee who quits no later than the next regular payday,
except when he or she will not permit the employee to work the period of
notice, in which event he or she shall make payment within 72 hours.
(f) Every employer shall pay without
condition and within the time set forth in Lab 803.01(a), and (e) all wages or
parts thereof conceded by him or her to be due.
(g) In determining what wages are owed and in
making payment thereof, the employer shall:
(1) Pay wages based upon required records of
hours worked per
RSA
279:27 and
RSA 275:49,
VI, and in accordance with written or verbal
agreements between the parties per RSA 275:49II, I-I; and
(2) Require no release as a condition of
payment per
RSA 275:50,
although a receipt may be requested.
Notes
#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 803.02)
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