The start of a new year is always a good time for employers to review their HR policies. As part of this process, employers can conduct self-audits of their wage and hour practices to determine compliance with the law. The NH Department of Labor just recently posted the top ten most common labor law violations from last year. The list is a tool to assist businesses in uncovering any concerns with compliance with wage and hour rules.
The following are the 2013 Top Ten wage and hour violations by employers in New Hampshire:
10.Failure to pay minimum wage for all hours worked. * RSA 279:21
9. Illegal deductions from wages. *RSA 275:48 and Lab 803.02(b),(e),(f)
8. Illegal employment of workers under 18 (not having proper paperwork, hours violations, or working in a hazardous environment). *RSA 276-A: and Lab 1000
7. Failure to pay 2 hours minimum pay at their regular rate of pay on a given day that an employee reports to work at the request of the employer. *RSA 275:43-a and LAB 803.03 (h),(i)(j)
6. Failure to provide written notice to employees of their wage rate, pay period, pay day and a description of fringe benefits, including any changes. *RSA 275:49 and Lab 803.03
5. Failure to secure and maintain workers compensation coverage and misclassification of employees. *RSA 275:42 I & II and RSA 281-A
4. Employing Illegal Aliens (not having proper documentation). *RSA 275-A:4-a
3. Failure to have a written safety plan, joint loss management committee and safety summary form filed biennially, as required. *RSA 281-A:64 and Lab 602.01, 602.02, 603.02, and 603.03
2. Failure to keep accurate record of all hours worked. *RSA 279:27 and Lab 803.03
AND THE #1 MOST COMMON VIOLATION IN 2013
1. Failure to pay all wages due for hours worked, fringe benefits, breaks less than 20 minutes, etc. *RSA 275:43 and Lab 803.01.
Do not become a statistic in 2014. For more information, visit the NH DOL website at www.nh.gov.