Navigating NH DOL Violations: BlueLion LLC’s Top 10 Insights and Tips
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mall businesses are the backbone of our communities and our economy. Yet, navigating the complexities of labor laws and regulations can be daunting, particularly for smaller enterprises. Earlier this month, BlueLion LLC hosted an informative webinar on HR 101 covering the fundamental aspects of human resources, including the top Department of Labor (DOL) violations, benefits and compensation management, and recruiting best practices. This event aimed to equip small business owners and managers with the essential HR knowledge needed to navigate the complexities of workforce management effectively. Here’s a breakdown of the top ten NH DOL violations they focus on to help small businesses stay compliant and avoid common pitfalls.
Top 10 NH DOL Violations:
- Working Without Parental Permission or Youth Labor Law Violations
Employing minors comes with specific regulations. It’s crucial for employers to:
- Ensure proper paperwork is completed.
- Adhere to restricted hours for under 18 workers.
- Avoid placing minors in hazardous work environments.
- Failure to Keep Records
Accurate and thorough record-keeping is essential. This includes:
- Tracking all wages due for hours worked.
- Documenting fringe benefits.
- Recording breaks that are more than 20 minutes.
- Notification of Rate Change and Rate of Pay
Employers must provide clear, written notice to employees regarding:
- Wage rates.
- Pay periods and paydays.
- Descriptions of fringe benefits.
- Any changes to the above.
- Paying Later Than Designated Pay Day
Timely payment of wages is critical. Employers must:
- Ensure all wages are paid on the pre-designated payday.
- Avoid delays in payroll processing.
- Failure to Pay All Wages Due for Hours Worked
Full compensation for all hours worked includes:
- Regular wages.
- Fringe benefits.
- Breaks of less than 20 minutes.
- Misclassification of Employees vs. 1099 Workers
In New Hampshire, a worker is presumed to be an employee unless proven otherwise. Misclassification issues include:
- From a Department of Labor/Workers’ Compensation standpoint, you are an employee unless you can qualify as an independent contractor.
- In order to qualify as an independent contractor, you must meet ALL 12 criteria specified under NH RSA 281-A:2 VI(b).
- Failure to Pay Required Minimum Hours
Employees must be paid for a minimum of 2 hours at their regular rate on any day they report to work at the employer’s request, including remote workers.
- Workers’ Compensation Insurance
Employers must secure and maintain appropriate workers’ compensation coverage and avoid misclassifying employees to bypass this requirement.
- Employment of Undocumented Workers
Hiring undocumented workers is prohibited. Employers need to ensure all employees have the legal right to work in the U.S.
- No Safety Plan & Committee
A safe work environment is mandatory. Employers must have:
- A written safety plan.
- A joint loss management committee.
- A safety summary form filed as required.
About BlueLion LLC
Founded in 2018 by co-founders Alison Milioto and Toni Runci, BlueLion LLC is driven by the belief that small businesses are the foundation of a strong community and a robust economy. With this guiding principle, they established BlueLion LLC to offer small businesses the same high-quality HR services that large corporations enjoy, fostering growth and creating opportunities for success. Fast forward to 2024, BlueLion LLC has grown into a thriving team of 15+ dedicated professionals, all committed to supporting the unique needs of small businesses and ensuring their compliance and prosperity.
