Free New Hampshire Labor and Employment FAQs | Free New Hampshire Labor and Employment Legal Documents

Am I Entitled To Rest Or Lunch Periods?

Tue, 29 May 2007 21:19:00 GMT

An employer cannot require that an employee work more than five consecutive hours without granting a thirty minute lunch or eating period. If the employer cannot allow thirty minutes the employee must be paid if they are eating and working at the same time.

Are There Occupations That Are Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

Federal and state child labor laws generally prohibit minors from working excessive hours, operating unsafe machinery, and working in dangerous occupations. Please refer to the State & Federal Child Labor Information Guide for detailed information on prohibited occupations.

Are There Restrictions On The Hours That A Minor May Work?

Tue, 29 May 2007 21:19:00 GMT

If subject to both Federal/State laws, fourteen and fifteen yearold minors may not be employed:

During school hours. (An exception is provided for minors employed pursuant to work experience and career exploration {WECEP} program.)
Before 7 AM or after 7 PM, except from June 1 through Labor Day, when evening hours are extended to 9 PM.
More than three hours per day, on school days.
More than eight hours per day, on nonschool days.
More than 18 hours per week, in school weeks.
More than 40 hours per week, in nonschool weeks.

If subject to State law only, 12, 13, 14 and 15year old minors may not be employed:

During school hours.
Before 7AM or after 9PM.
More then 3 hours per day on school days.
More then 8 hours per day on nonschool days.
More than 23 hours per week, in school weeks.
More than 48 hours per week, in nonschool weeks.

Sixteen and seventeen yearold minors duly enrolled in school may not be employed:

More than 6 consecutive days, nor more then 30 hours per week during the school calendar week (Sunday through Saturday).
More than 6 consecutive days nor more then 48 hours per week during school vacation weeks or summer vacation (June 1 through Labor Day).
More than 10 hours per day in manufacturing, nor more than 101/4 hours per day in manual or mechanical labor, nor more than 8 hours per night, if working at night.

If you are 16 or 17 years old and not enrolled in school, you may not be employed:

In manufacturing more than 10 hours per day, nor more than 48 hours more week.
In manual or mechanical labor, more than 101/4 hours per day, nor more than 54 hours per week.
Night work is restricted to no more than 8 hours per shift and 48 hours per week.

(Where a minor is employed in the same day or week by more than one employer in manual or mechanical labor, the total time of employment shall not exceed the allowed per day or week in a single employment.)

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Yes. You may voluntarily elect to have 10% of your gross benefits deducted and withheld for Federal Income Tax purposes. Federal Income Tax will be deducted after all mandatory deductions (Benefits Offset, Child Support) have been withheld. You may change your election, in writing, at any time. An Election Form for Withholding of Federal Income Tax (Form 453) is available for this purpose.

Can An Employee Be Fired Without Being Given A Reason Or A Notice?

Mon, 04 Jun 2007 21:51:22 GMT

In New Hampshire an employer can fire an employee without giving a reason or notice.

Can I Work Part Time And Still Receive Benefits?

Tue, 29 May 2007 21:19:00 GMT

If you receive or will receive wages for less than full time work, your Weekly Benefit Amount will be reduced by a part of those wages for each week to which the wages apply. In calculating the amount of partial unemployment benefits due you for a week if you are working parttime, add 30% to your Weekly Benefit Amount and subtract the gross amount of the wages you earned from that figure. If your earned wages for a week are more than your weekly amount plus 30%, you cannot be paid benefits for that week.

How Do I File An Initial Claim For Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

Open your claim by filing in person in the NHES Office nearest you, unless you are filing an Interstate Claim. You must file your initial claim in person within 3 business days after you become unemployed; or not later than the last business day of the first week for which you wish to file for benefits; or if you were previously assigned a day to file claims, not later than the day of the week previously assigned to file claims.

An Interstate Claim is a claim against New Hampshire, if you worked in New Hampshire, but you live in another state, or if you are filing against another state because you worked in another state and/or recently moved here. Please call 18002662252. If you live in another state, but within 25 miles of a NH Employment Security office and you file a New Hampshire claim, you must file your claim for benefits in person in a New Hampshire office.

How Do I File Continued Claims For Weekly Benefits?

Tue, 29 May 2007 21:19:00 GMT

Continue your claim by filing for weekly benefits by calling 18002662252 (or 6651600 in the Manchester area) after the week is over. Your Continued Claim is the actual request for payment of benefits that is made after the first calendar week of unemployment is over. (The week is not over until Saturday at midnight.) You may call to file your continued claim from 12:01am Sunday through 12 midnight Friday, except during the hours of 4 pm to 9 pm, Monday through Friday.

To be timely, the call must be made no later than 6 days after the week ending date of the week to be claimed. Your first continued claim will be for a oneweek period. Subsequent claims will be filed every other week. Continued claims for twoweek periods cannot be filed until after the second Saturday in the twoweek period has ended. You will have six days after the second Saturday has ended to file your continued claim for this twoweek period.

If you are unable to file your continued claim by telephone due to technical difficulties with either your phone or with the Department's telephone system, you are allowed to file your claim by mail, or visit your local office. There is a Continued Claim Form available to print and file your continued claim by mail.

How Do I File New Hire Reports?

Tue, 29 May 2007 21:19:00 GMT

You must file a New Hire Report within 20 days of the date of hire. In the alternative, you may mail or fax a copy of each employees' W4 form, or an equivalent form approved or provided by NH Employment Security. To report independent contractors, you may use, a Request for Taxpayer Identification Number and Certification, also known as a W9.

MAIL TO: NH Employment Security
PO Box 2092
Concord, NH 033022092
Attn: Tax Unit Supervisor
TEL: (603) 2294371 or 18008034485

FAX TO: (603) 2294324 or 18887833598

You may also file New Hire Reports by magnetic media (tape, 3 1/2 diskettes, or cartridge). If you decide and/or are required to file your New Hire Reports by magnetic media, you must make two monthly transmissions which are not less than 12 days nor more than 16 days apart. For more information about filing reports magnetically, contact the NHES Supervisor of Data Preparation at (603) 2284011.

Is An Employer Required To Provide The Employee With Access To Their Personnel File?

Tue, 29 May 2007 21:19:00 GMT

Yes, an employee, whether past or current, must be given access to review or be given a copy of, if requested, their own personnel file.

Is An Employment Certificate Required For Employment Of A Minor?

Tue, 29 May 2007 21:19:00 GMT

The Youth Employment Certificate is required for any youth 12 to 15 years old and must be on file at the employer's place of business within three business days of the first day of employment. Once a youth finds a job, the employer should than give them what is called an employers request for child labor form completed. The youth then would bring that to their local school or superintendents office and they will issue the certificate Employers are required to have on file at the work place, at the time employment begins, written permission by the parent or guardian of a 16 or 17 year old permitting the youth's employment.

Should I Continue To File Claims While My Determination Is Under Appeal?

Tue, 29 May 2007 21:19:00 GMT

It is important that you continue to file for any week of unemployment for which you wish to claim benefits while your appeal is pending. Should any level of appeal rule in your favor, you will only be paid benefits for the weeks for which you properly filed your claim.

What Are The Eligibility Requirements?

Tue, 29 May 2007 21:19:00 GMT

In order to be eligible for unemployment compensation, you must meet the following requirements in each week:

You must be totally or partially unemployed. You are totally unemployed for any week in which you did not perform any work and for which you have no wages payable to you.
You must register for work using the NHES Job Match System, to be eligible for benefits, unless you have been specifically exempted. When you enter your Application Resume information into the NHES Job Match System, either online from home or by using a PC in the NHES Resource Center, you have fulfilled the mandatory work registration. The system will conduct a match of your skills against available jobs.
You must be available for fulltime work. This means that with limited exceptions you must be ready and willing to accept fulltime work on all shifts and during hours when the work you are qualified to do is normally performed.
You must be able to perform fulltime work. This means that you must be physically and mentally able to work each day of the week. Benefits cannot be paid for any week during which you are unable to work.
You must actively look for fulltime work and keep a list of employers you contact about a job. Each week, you must try to find work on your own by contacting employers who are likely to have work in your usual occupation. If you cannot find work in your regular occupation, you are expected to look for work in other occupations for which you are qualified. If you are only partially employed, you must make a continuing effort to find fulltime work.
You must file timely claims for benefits.
You must participate in Reemployment Services if selected by NH Employment Security.
You must disclose whether or not you are required to make child support payments, or whether you owe an uncollected overissuance of food stamp coupons.
You must report any offer of work you refuse. Refusal of work may or may not result in disqualification.
You must notify NH Employment Security immediately of any change in address or telephone number. Call the Benefit Adjudication Unit (BAU) for instructions at 18002662252, press option 4 and wait for a Customer Service Representative (or contact your local office).

To be eligible for unemployment compensation, you must have earned at least $2800 in annual earnings during the base period, and earned at least $1400 in each of two quarters during the base period. An individual who has received unemployment benefits during a Benefit Year is required to have earned $700 in wages in employment since the beginning of such Benefit Year in order to qualify for benefits in the next Benefit Year.

What Determines My Benefit Amount?

Tue, 29 May 2007 21:19:00 GMT

Your maximum weekly benefit amount is the most you may receive for each week of total unemployment. It is based on your total base period earnings. In New Hampshire the base period is the first four of the last five completed calendar quarters preceding the week in which you initiate your claim. To establish a benefit rate, you must have earned a minimum of $2,800 in the base period with $1,400 in each of two separate quarters.

Your potential maximum benefit amount is the amount of benefits available to you in the benefit year at the time a decision is made on your claim. It is usually twentysix times your maximum weekly benefit amount. But if you have been paid some benefits in the benefit year, your potential maximum benefit is your maximum benefit amount less all benefits already paid.

What Happens After I File My Appeal?

Tue, 29 May 2007 21:19:00 GMT

You will be notified by mail to appear at a hearing. Along with your notification you will receive a pamphlet explaining the appeals process. The hearing will be held at the local office where you file your claim. In some cases, such as an interstate claim appeal, the hearing will be conducted by telephone. If, for good reason, you cannot attend or call on the date scheduled, you may request a postponement according to the instruction on the notice.

If you decide to obtain an attorney for your hearing, your attorney must file an "appearance" letter with the appeal tribunal and the other interested parties to notify them of the attorney involvement in the hearing. Your attorney will be contacted by the appeal tribunal in order to schedule the hearing.

What Happens At An Appeal Hearing?

Tue, 29 May 2007 21:19:00 GMT

The Appeal Tribunal will review the facts leading to the Determination and will ask for further facts. You and your employer will also be given an opportunity to ask questions or to make statements. The Tribunal must determine all issues necessary to finally dispose of the case. After the hearing, the Tribunal will make a Determination and send you a written decision.

What If I Disagree With The Decision Of The Appeal Tribunal?

Tue, 29 May 2007 21:19:00 GMT

You may request that your appeal be reopened. The request must be in writing to the Commissioner, NH Department of Employment Security, 32 South Main Street, Concord, NH 033014857, and it must be received or if mailed, postmarked, within 14 days of the date that the Appeal Tribunal decision was mailed.

Your request must state the reason(s) that your appeal should be reopened. The only reasons the Commissioner can accept are fraud, a mistake of fact or law, or the existence of evidence that could not have been reasonably available at the time of the hearing. You will be notified by mail of the Commissioner's decision. If a reopening is granted, you will be scheduled for a new hearing.

If the Commissioner says no, you may appeal to the Appellate Board. The appeal must be in writing and must be received by the Board, or if mailed, postmarked, within 14 days of the mailing of the Commissioner's decision. Mail the appeal to:

NH Department of Employment Security
Attn:Appellate Board
32 South Main Street
Concord, NH 033014857

What If I Do Not Agree With The Determination That I Receive?

Tue, 29 May 2007 21:19:00 GMT

You may appeal a Determination if you disagree with it. You must appeal within fourteen calendar days from the date the Determination was mailed to you. Your Determination will show the date of mailing and the final day for receipt of your appeal by this Department.

You may file your appeal in person at the local NHES office where a special appeal form will be provided to you. Bring the document you are appealing with you. You may also file by mail by sending a letter to NH Employment Security, stating that you wish to appeal and why. Send a copy of the document you are appealing with your letter. The letter should be sent to:

NH Employment Security
Attn: Appeals Unit
PO Box 9505
Manchester, NH 031089505

What Is "New Hire Reporting"?

Tue, 29 May 2007 21:19:00 GMT

Welfare reform legislation requires all employers to report certain information on "new hires" to a designated state agency. In New Hampshire that agency is NH Employment Security (NHES). When "new hire" data is matched against the names of child support debtors on the state and national levels, the Office of Child Support Enforcement is able to locate and collect child support from noncustodial parents living here and in other states.

What Will Happen After I File My Initial Claim?

Tue, 29 May 2007 21:19:00 GMT

A Determination regarding your eligibility will be mailed to you. If you are eligible for any payment, your check is usually mailed the same day as the Determination. If you are unemployed due to lack of work, and there are no problems associated with your claim, you can generally expect to receive your first check within two weeks from the day you filed your initial claim.

While claims with problems do take longer to process, you can usually expect to receive your written Determination within three weeks of the date you filed your initial claim. If the Determination states you are allowed benefits, you can expect a check to follow for all of the weeks you have filed for within two to three days. If your Determination states you are denied benefits, you can file an appeal if you disagree with the Determination.

What is the minimum wage in New Hampshire?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage is currently $7.25 per hour.

When Are Wages Due Upon Separation From Employment?

Tue, 29 May 2007 21:19:00 GMT

If an employee quits or resigns, the wages are due by the next regular payday. If fired, the wages are due within 72 hours from the time of the termination.

When Must Overtime Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one half of the employees regular rate of pay for all hours actually worked over forty in any one week.

Where Can I Get Additional Information On Child Labor?

Tue, 29 May 2007 21:19:00 GMT

NH Dept. of Labor Inspection Division
PO Box 2076, Concord, NH 033022076
(603) 2711492 or 2716294www.state.nh.us/dol

Whom Do I Report?

Tue, 29 May 2007 21:19:00 GMT

You must file a report on all newly hired and rehired employees. A rehired employee is one who is returning to work for you after a permanent separation, or one who is returning to work after a 26 consecutive week break in service for any reason. Rehires also include those seasonal employees who return to work after a break in service of 10 weeks or more, and for whom, at the time of the layoff, you were under an order to withhold wages.

You must also file a New Hire Report for an independent contractor if the contract for services is with an individual or sole proprietor, and you expect reimbursement for services to meet or exceed $2,500 in a calendar year's time.

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