Bill Text: NH HB420 | 2012 | Regular Session | Chaptered


Bill Title: Relative to the definition of employee and clarifying the criteria for exempting workers from employee status.

Status: (Passed) 2012-06-11 - House Signed By Governor 06/07/2012; Effective 08/06/2012; Chapter 0139 [HB420 Detail]

Download: New_Hampshire-2012-HB420-Chaptered.html

CHAPTER 139

HB 420-FN – FINAL VERSION

4Jan2012… 2754h

04/25/12 1698s

2012 SESSION

11-0748

01/09

HOUSE BILL 420-FN

AN ACT relative to the definition of employee and clarifying the criteria for exempting workers from employee status.

SPONSORS: Rep. Infantine, Hills 13

COMMITTEE: Labor, Industrial and Rehabilitative Services

AMENDED ANALYSIS

This bill clarifies the definition of employee and the criteria for exempting workers from employee status.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4Jan2012… 2754h

04/25/12 1698s

11-0748

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to the definition of employee and clarifying the criteria for exempting workers from employee status.

Be it Enacted by the Senate and House of Representatives in General Court convened:

139:1 Protective Legislation; Definition of "Employee." Amend RSA 275:4, II (e)-(l) to read as follows:

(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.

[(f) The person has continuing or recurring business liabilities or obligations.

(g) The success or failure of the person's business depends on the relationship of business receipts to expenditures.

(h) The person receives compensation for work or services performed and remuneration is not determined unilaterally by the hiring party.

(i) The person is responsible in the first instance for the main expenses related to the service or work performed. However, this shall not prohibit the employer or person offering work from providing the supplies or materials necessary to perform the work.

(j)] (f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.

[(k) The person supplies the principal tools and instrumentalities used in the work, except that the employer may furnish tools or instrumentalities that are unique to the employer's special requirements or are located on the employer's premises.

(l)] (g) The person is not required to work exclusively for the employer.

139:2 Protective Legislation; Payment of Wages. Amend RSA 275:42, II (e)-(l) to read as follows:

(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.

[(f) The person has continuing or recurring business liabilities or obligations.

(g) The success or failure of the person's business depends on the relationship of business receipts to expenditures.

(h) The person receives compensation for work or services performed and remuneration is not determined unilaterally by the hiring party.

(i) The person is responsible in the first instance for the main expenses related to the service or work performed. However, this shall not prohibit the employer or person offering work from providing the supplies or materials necessary to perform the work.

(j)] (f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.

[(k) The person supplies the principal tools and instrumentalities used in the work, except that the employer may furnish tools or instrumentalities that are unique to the employer's special requirements or are located on the employer's premises.

(l)] (g) The person is not required to work exclusively for the employer.

139:3 Whistleblowers’ Protection Act; Definition of “Employee.” Amend RSA 275-E:1, I(e)-(l) to read as follows:

(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.

[(f) The person has continuing or recurring business liabilities or obligations.

(g) The success or failure of the person's business depends on the relationship of business receipts to expenditures.

(h) The person receives compensation for work or services performed and remuneration is not determined unilaterally by the hiring party.

(i) The person is responsible in the first instance for the main expenses related to the service or work performed. However, this shall not prohibit the employer or person offering work from providing the supplies or materials necessary to perform the work.

(j)] (f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.

[(k) The person supplies the principal tools and instrumentalities used in the work, except that the employer may furnish tools or instrumentalities that are unique to the employer's special requirements or are located on the employer's premises.

(l)] (g) The person is not required to work exclusively for the employer.

139:4 Minimum Wage Law; Definition of “Employee.” Amend RSA 279:1, X(e)-(l) to read as follows:

(e) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.

[(f) The person has continuing or recurring business liabilities or obligations.

(g) The success or failure of the person's business depends on the relationship of business receipts to expenditures.

(h) The person receives compensation for work or services performed and remuneration is not determined unilaterally by the hiring party.

(i) The person is responsible in the first instance for the main expenses related to the service or work performed. However, this shall not prohibit the employer or person offering work from providing the supplies or materials necessary to perform the work.

(j)] (f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.

[(k) The person supplies the principal tools and instrumentalities used in the work, except that the employer may furnish tools or instrumentalities that are unique to the employer's special requirements or are located on the employer's premises.

(l)] (g) The person is not required to work exclusively for the employer.

139:5 Workers’ Compensation; Definition of Employee. Amend RSA 281-A:2, VI(b)(1)(E)-(L) to read as follows:

(E) The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.

[(F) The person has continuing or recurring business liabilities or obligations.

(G) The success or failure of the person's business depends on the relationship of business receipts to expenditures.

(H) The person receives compensation for work or services performed and remuneration is not determined unilaterally by the hiring party.

(I) The person is responsible in the first instance for the main expenses related to the service or work performed. However, this shall not prohibit the employer or person offering work from providing the supplies or materials necessary to perform the work.

(J)] (F) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.

[(K) The person supplies the principal tools and instrumentalities used in the work, except that the employer may furnish tools or instrumentalities that are unique to the employer's special requirements or are located on the employer's premises.

(L)] (G) The person is not required to work exclusively for the employer.

139:6 Workers’ Compensation; Reference Change. Amend RSA 281-A:2, VI(c) to read as follows:

(c) A written agreement signed by the employer and the person providing services, on or about the date such person was engaged, which describes the services to be performed and affirms that such services are to be performed in accordance with each of the criteria in subparagraphs (b)(1)(A)-[(L)] (G) is prima facie evidence that the criteria have been met. Nothing in this subparagraph shall require such an agreement to establish that the criteria have been met.

139:7 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 7, 2012

Effective Date: August 6, 2012

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