N.H. Admin. Code § Lab 803.05 - Exemption
The term "employee" as it applies to RSA 275:42, II and RSA 279:1, X shall not apply to the following:
(a) Bonafide volunteers:
(1) When such volunteers are performing work
for public, charitable, or religious facilities and where such volunteer duties
do not necessarily or traditionally lead to paid employment; or
(2) When such activities are exempt under 29
CFR 553:100-106, WH Publication 1297 "Employment Relationship" of the Fair
Labor Standards Act;
(b)
Inmates of a county or state correctional facility under RSA 651 who are
required to work and perform services for which no significant remuneration is
provided;
(c) An individual
performing community service work under a court order or the provisions of a
court diversion program;
(d) An
applicant for employment who is filling out paperwork, participating in
pre-screening examinations or interviews;
(e) A student participating in a non-paid
work based activity approved by the New Hampshire department of labor in
accordance with Lab 805;
(f) An
operator of a booth located within a salon or barbershop who operates
independently of the salon or barbershop and who possesses a shop license as
required by RSA 313-A: 17; and
(g)
Elected public officials, of counties or municipalities.
Notes
#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 803.06)
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