Section 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:(2) Whether the employer wishes to pay semi-monthly or monthly;(3) When each pay period begins and when each pay period ends;(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.N.H. Code Admin. R. Lab 803.01
#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 )
Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11070, Effective 4/11/2016, Expires 4/11/2026.Amended by Volume XL Number 11, Filed March 12, 2020, Proposed by #13000, Effective 3/5/2020, Expires 3/5/2030.