Section Lab 803.02 - Prohibitions(a) No employer shall pay a salaried employee compensation in an amount, that when compared to the hours of any workweek, falls below the minimum wage per RSA 279:21.(b) Pursuant to RSA 275:48, I, no employer shall require an employee or applicant for employment to pay for the cost of a medical examination, non-required drug or alcohol testing, records required by the employer, or any item required by and for the benefit of the employer, as a condition of employment. This shall not include examinations, permits or licenses required by state or federal law.(c) No employer shall reduce a salaried employee's pay during any pay period in accordance with RSA 275:43-b, I (e) if the salaried employee notifies the employer of an absence on any day due to illness.(d) No employer shall prorate a salary to a daily basis in accordance with RSA 275:43-b, I, (b) and the Fair Labor Standards Act for a disciplinary suspension unless the action is a direct result of a safety violation made by such employee as required in 29 U.S.C. sec. 201 et seq. of the Fair Labor Standards Act.(e) Pursuant to RSA 275:48, no employer shall require employees to wear uniforms as defined in RSA 275:48 V (b) unless the employer provides each employee with uniforms at no cost whatsoever to the employee.(f) Pursuant to RSA 279: 26-b and RSA 275:48, no employer shall withhold, divert, or make use of tips for any purpose not specifically allowed by RSA 275:48 I.(g) No employer shall pay a tipped employee, as described in RSA 279:21, who is not engaged in duties that regularly and customarily generate tips directly from the customer, a base rate of less than the applicable minimum wage. This prohibition shall not apply to duties that are incidental to the regular duties of the tipped employee and generally assigned to the tipped employees.N.H. Code Admin. R. Lab 803.02
#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 803.03 )
Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11070, Effective 4/11/2016, Expires 4/11/2026.