The following recent developments in New Hampshire law relate specifically to and impact, employers and restaurants:
SB 416 (Effective July 8, 2010)
Senate Bill 416 is the most interesting of these changes in New Hampshire law because it clarifies the applicability of the state minimum hourly wage to tipped restaurant employees. It amends the introductory paragraph of RSA 279:21 to include within the definition of a “Restaurant” the following: “an establishment in a temporary or permanent building, kept, used, maintained, advertised, and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available.” “The bill also includes, within the definition of “Tipped employees,” the following: “employees who deliver meals prepared in a restaurant to the customer’s home, office, or other location.” “Thus, under the bill, pizza delivery businesses would be able to cut their drivers’ wages in half because they can classify such drivers as tipped employees, and the minimum wage for such workers is 45 percent of the minimum wage.
SB 358 (Effective July 20, 2010)
Senate Bill 358 amends RSA 275-E and concerns whistleblower protection and waste prevention in state government. “Specifically, it expands the provisions of the whistleblower protection act to include employees who object to or refuse to participate in any activity that the employee believes is a violation of law.” This bill also authorizes the labor commissioner to investigate allegations of fraud, abuse, or waste in the expenditure of public funds and adds additional protections to the whistleblower protection act for public employees who file such complaints. Thus, the bill expands whistleblower protections for public employees by allowing them to expose waste, fraud, and abuse of public funds without fear of retribution.
HB 1137 (Effective August 13, 2010)
House Bill 1137 amends RSA 275:48, I(b)(9) and (10) by adding to the purposes for which employers may withhold a portion of an employee’s wages. “Specifically, employers may withhold wages for” [l]egal plans and identity theft plans without financial advantage to the employer when the employee has given his or her written authorization and deductions are duly recorded.” Thus, under HB 1137, workers “if their employers adopt the program” would be able to prepay for legal services through payroll deductions just as they can prepay for health benefits or day care.
These developments in New Hampshire law will have an “immediate impact on businesses, so employers should consult their counsel and determine how these new laws specifically” affect them.
