Every year, around this time, we review the top 10 most common wage and hour violations from the last year. The Christmas season may be over, but employers could still end up with coal in their stockings. That is because the stakes for noncompliance with state and federal wage and hour laws are higher than ever. Employers need to be aware of these common violations to stay in compliance and avoid disruptive wage claims, as well as expensive civil penalties and wage adjustment orders from the Department of Labor. Note: This outline focuses on violations of state (New Hampshire) wage laws. The USDOL enforces the Federal Fair Labor Standards Act (FLSA) and USDOL investigators have also been busy with workplace investigations in New Hampshire. While USDOL investigations can involve some of the same issues, this outline focuses on the most common violations under state (New Hampshire) law and how to avoid them in the new year. 5. FAILURE TO HAVE A JOINT LOSS MANAGEMENT (SAFETY) COMMITTEE *RSA 281-A:64, III Problem: Employers with 15 or more employees must have a Joint Loss Safety Committee to review and address workplace accidents and related safety issues. Recommendation: Covered employers should ensure that their safety committee is organized, they hold meetings at least quarterly, and they properly maintain meeting minutes (posted, then filed). Those records must be available for NHDOL inspection. 4. FAILURE OF EMPLOYERS TO REPORT OR OBTAIN A WORKERS’ COMPENSATION POLICY *RSA 281-A:5 Problem: Employers in New Hampshire with at least one employee need to secure workers’ compensation insurance. Failure to secure or maintain that insurance could result in civil penalties and it could also result in unfunded liabilities to cover the employee’s medical bills and lost wages. Recommendation: Along with other items on your risk management checklist, this item should be the top priority for your organization. Insurance should be secured, premiums should be paid in a timely manner, and information requests as required by the carrier should be provided to avoid gaps in coverage. 3. FAILURE TO HAVE A WRITTEN SAFETY PLAN AND SAFETY SUMMARY FORM, IF REQUIRED *RSA 281-A:64, II AND LAB 602.01, 602.02, 603.02 AND 603.03 Problem: In addition to recording injuries, illnesses and responses to workplace hazards, employers must BY JIM REIDY, ATTORNEY SHEEHAN PHINNEY, NHADA SILVER PARTNER WAGE AND HOUR VIOLATIONS IN NEW HAMPSHIRE (And How to Avoid Them in 2025) HIGHLIGHTING 5 OF THE TOP 10 14
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