THE STAKES for contravention beneath accompaniment and federal allowance and hour laws are college than anytime before. In FY 2014, inspectors from the NH Department of Labor conducted 566 abode inspections. Those inspections resulted in proposed civilian penalties and allowance adjustments in the bulk of $1,275,134. While this is a abatement from FY 2013 the dollar absolute is still significant.
The afterward are the 2014 Top Ten affliction (most common) allowance and hour violations in New Hampshire, forth with tips on how to abstain these problems:
10. Abortion to pay minimum wage
Unless workers are absolved (e.g. appropriate ante for apprentice learners, angled employees, etc.) administration charge to pay advisers at atomic minimum allowance for all hours worked. New Hampshire applies the federal minimum allowance which is currently $7.25 per hour. As of January 1, 2015, pursuant to an Executive Order, federal contractors charge to pay a minimum allowance of $10.10 per hour.
9. Improper deductions from wages
There is a account of accustomed deductions from accomplishment beneath accompaniment law. In accession to the account of specific deductions, administration and advisers can accede on deductions for aloof about any reason. However, the answer charge be based on the employee’s autonomous request, for the employee’s benefit, and be in autograph afore the deductions commence.
8. Adolescence application violations
Employers charge carefully accede with federal and accompaniment adolescence application laws. Workers who are beneath age 16 cannot alpha assignment afore accepting the appropriate affectionate certificates. Once these certificates are on file, these and earlier adolescence workers, charge be belted in the cardinal of hours, canicule of assignment and types of assignment accustomed beneath accompaniment (and federal) law.
7. Appropriate 2 hours pay
This applies principally to alternate advisers in the clandestine sector. If an employer doesn’t charge an agent to address to work, isn’t able to acquaintance the employee, and he/she letters to work, unless exempt, the employer charge pay the agent a minimum of two hours pay for advertisement to assignment OR put the agent to assignment and afresh pay for the hours worked.
6. Accounting apprehension of agreement of employment
In New Hampshire, at the time of appoint administration charge to put in autograph the employee’s allowance rate, pay period, pay date and a accepted description of binding benefits. Back those agreement change, the employer needs to put the change in writing. Advisers charge to assurance an acceptance of cancellation of those notices.
5. Misclassified workers
This is allotment of a civic trend to acquisition misclassified workers: advisers who are advised as absolute contractors. While approved definitions of “employee” alter beneath federal and accompaniment laws, they accept several elements in common. Potential fines and penalties are cogent for abortion to pay overtime and accommodate benefits. Also, abortion to accommodate workers advantage advantage to misclassified contractors can aftereffect in fines, allowance denials, and accountability for uninsured claims.
4. Undocumented workers
While this is frequently anticipation of as an affair involving federal law, abounding states, including New Hampshire, accept laws prohibiting hiring or continuing to apply addition who is not a aborigine of the United States OR addition who doesn’t accept a accurate assignment authorization. NHDOL audits absorb inspections of I-9 forms and all acknowledging abstracts for all employees.
3. Accounting assurance affairs and collective accident administration committees
As of January 1, 2013 administration with 15 or added advisers (used to be 5) charge to accept a collective accident assurance board to ysis and actual abode assurance problems. As of January 1, 2013, with 15 or added advisers (used to be 10) charge book a accounting assurance plan with the State.
2. Accurate annal of all hours worked
Employers in New Hampshire charge admittance advisers to booty a 30 minute (unpaid) meal breach afterwards bristles after hours of assignment in a workday. Meal break charge be recorded on circadian time bedding for all alternate and salaried non-exempt employees. Meal waivers are possible, but exceptions to those waivers charge be acclaimed on time records. Also, in befitting with the FLSA, assignment break of beneath than 20 account in continuance charge be counted as hours worked.
1. Abortion to pay all accomplishment due
With the appearance of smartphones and alien access, advisers are alive added time off the alarm that should be counted as “hours worked.” Administration charge to apperceive back the alarm starts and stops and afresh pay all accomplishment and binding allowances due to those employees. Requiring advisers to seek approval in beforehand for added assignment is accessible but admiral should additionally address back advisers accomplish added assignment so they can be paid for all of that time.
(Our acknowledgment afresh this year to Michele Small and the agents from NH Department of Labor as they provided advantageous advice from the Department.)
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