labor lawAdivision of labor law center

The New Hampshire state minimum wage is set to increase from $5.85 to $6.50, effective September 1, 2007. The 65 cent increase is the second in the Granite State in just 6 weeks, since the rate increased to $5.85 on July 24, 2007. 

Minimum wage hikes are on the horizon in a number of states including Utah, Maine, California, Massachusetts, Delaware, Illinois, Oregon, Vermont, Washington, Michigan, West Virginia, New Mexico and Kentucky.

On September 8, the Utah minimum wage will increase from $5.15 per hour to $5.85 per hour. The higher rate is, of course, the same as the new federal minimum wage, so most workers in the Beehive State will be unaffected. Still, any employer who is covered under the state minimum wage, but not the federal minimum wage, will be required to increase the amount paid to minimum-wage workers.

Utah is in a unique position in the relationship between the state and federal minimum wages. In Texas, X and several other states, the state minimum wage by statute increases at the same time as the federal minimum wage rises. In Utah, the state minimum wage is increased by an administrative action taken by the Utah Department of Labor. The administrative action normally takes several months before it goes into effect. In this case, the July 24, 2007 increase in the federal minimum wage is not mirrored in Utah until September 8, 2007. Thus, on September 8, the Utah minimum wage will increase by 70 cents from $5.15 to $5.85 per hour.

The next state minimum wage in the nation will occur in Main on October 1, 2007 when the rate will go up by 25 cents, from $6.75 to $7.00 per hour.

A number of states have already voted minimum wage increases that will take effect on January 1, 2008. These include California where the state rate will increase by 50 cents, from $7.50 per hour to $8.00 per hour. In Massachusetts, the state wage rate will also increase by 50 cents from $7.50 per hour to $8.00 per hour.  Another state rate increase already on the books for January 1, 2007 will occur in Delaware, where the rate will 50 cents from $6.65 to $7.15.

Three states have annual rate increases tied to the Consumer Price Index. All of these increases go into effect on January 1, 2007. The states are Oregon (currently at $7.80), Vermont (currently at $7.53) and Washington state (currently at $7.93.) Increases last year for these states varied from 26 cents to 36 cents per hour.

Another round of state rate increases will take place on July 24, 2008. These include the rate in the District of Columbia, which will increase from $7.00 per hour to $7.55 per hour, a 55 cent jump. In New Mexico, on the same date, the rate will climb from $5.15 to $6.50 per hour, an increase of a whopping $1.35.  

Illinois has been a leader in state minimum wage hikes, with a number of increases over the past few years. The state has already approved 3 more increases before 2010. The next increase in the Land of Lincoln is 25 cents, which will bring the state rate from $7.50 per hour to $7.75 per hour on July 1, 2008.  On that same date, the Kentucky minimum wage increase by 70 cents from $5.85 to $6.55. In Michigan, the July 1, 2007 increase will push the state rate from $7.15 to $7.40, an increase of 25 cents. And, in West Virginia the state minimum wage will increase from $6.55 per hour to $7.25 per hour on the same day.

The federal minimum wage increased by 70 cents on July 24, 2007 under the Fair Minimum Wage Act of 2007.  The rate went from $5.15 to $5.85 per hour. his was the first increase in more than a decade. Two more increases are on the horizon. On July 24, 2008 the federal  rate will increase by 70 cents to $6.55 per hour. Finally, on July 24, 2009, the federal rate will increase to $$.25 per hour.

Critics of the federal minimum wage increase worried that it will decrease the number of jobs available, especially for unskilled workers. Proponents pointed out that the increase is long overdue.  At just $5.15 per hour, the old federal minimum wage had lower purchasing power in 2007 than in 1968, when the rate was $1.60 per hour.  They point out that the $1.60 minimum wage was equivalent in purchasing power to a salary of $9.12 per hour in 2005. Proponents also note that in the 10 years since the last increase in the federal minimum wage, the average U.S. Congressman (or Congresswoman) has voted themselves raises totaling $31,600 per year. The current increase amounts to $1,456 per year for a full-time minimum wage worker.

An increase in the federal minimum wage was a major issue during the 2006 mid-term elections. Democrats won a majority in the House and a very slim majority in the Senate, partly because of a promise to pass an increase during their first 100 days in office. While the Democrats technically kept their promise, the original bill was vetoed by President George W. Bush because it was linked to the U.S. Troop Readiness, Veterans’ Care, Katrina Recovery and Iraq Accountability Appropriations Act of 2007. The act will raise the federal minimum   a bill that demanded a reduction in American forces in Iraq. While the Iraq debate continued, the minimum wage increase languished.  

The bill was finally passed and signed by the president on May 25, 2007. The bill provided for a total of three 70 cent increases, bringing the minimum wage to $7.25. The first increase, from $5.15 per hour to $5.85 per hour, is effective today. The next increase will occur on July 24, 2008, when the federal minimum wage will increase from $5.85 to $6.55 per hour. The final increase under the current bill will occur on July 24, 2009 when the rate will go to $7.25 per hour.

It is very important that employers in the state have a current issue of the New Hampshire USERRA poster on prominent display on every job site.  USERRA is the Uniformed Services Employment and Reemployment Rights Act of 1994 that provides job protection for all reservists called away from civilian jobs for active military duty.  New regulations sanctioned by the US Department of Labor have just been approved that provide new protections to these workers.

Under the latest New Hampshire USERRA regulations, job protections are strengthened and pension plans are explicitly protected.  Returning reservists must be allowed to return to the same jobs they held before deployment.  Position, rate of pay, and job status must remain as they were before the reservist took military leave.

In order to enjoy job protection under the New Hampshire USERRA regulations, a worker must notify his or her employer as soon as possible once called to active duty.  Both written and verbal notifications are allowed.  There may be instances where notification is precluded by military necessity but job protection rights are sustained in this situation, too.

New regulations to the New Hampshire USERRA laws outline the length of time a returning reservist is allowed before reporting back to work at a pre-deployment civilian job.  Job protection under these regulations can be for as long as five years.

Reservists returning to civilian jobs after less than 31 days away must report to work the first full business day after release from service.  Reservists who serve 31 to 180 days are allowed as much as 14 days to apply for employment.  Ninety days are allowed if more than 180 days of active duty were served before release from duty.

 In most cases, reapplication for pre-deployment positions is merely a formality.  In some cases, a reservist can use annual leave or vacation time in lieu of military leave although this provision is at the discretion of the employer.

The revised version of the New Hampshire USERRA poster must be displayed on all job sites across the state, whether or not there are any military reservists on the payroll. 

New Hampshire state law requires that employment labor posters be displayed in the workplace in a conspicuous area so that all employees can read them and be aware of them. Folks, I know we have gone over and over these laws, but it is vitally important that every business remain in compliance. By posting the labor laws, I believe that employers send a message to their employees that the laws will be followed and carried out at their place of business.

The New Hampshire ( NH ) Employment Labor Posters that are required in every workplace in New Hampshire include: Vacation Shutdown, the Right To Know Notice, Workers’ Compensation, Unemployment Insurance, Protective Legislation, Discrimination Notice, Whistleblower Protection, and the Minimum Wage Law.

Besides those state laws, there are several Federal posting requirements. You may notice that there is an overlap in some of them, like the minimum wage law. That is because the government sets out the standard, but then states are allowed to step in and make their own employment labor laws if they so choose. At any rate, the federal employment labor posters include the following regulations: USERRA - Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA-Job Safety & Health Protection.

Keeping up with changes in the laws and updating the New Hampshire ( NH ) Employment Labor Posters is the responsibility of each and every employer. It is vitally important, if you are the employer, that you know about these labor law changes. That’s because only you will be given a citation if it is found that your labor posters are missing, torn, out of date, or simply covered up by some other poster or piece of furniture.

Several recent changes in New Hampshire labor law make it crucial that employers update their employment posters through a service that provides labor law posters for New Hampshire. Recently, the maximum civil penalty imposed by the Commissioner of Labor was increased from $1,000 to $2,500. The Commissioner is now empowered to hold hearing and investigate violations of the labor protection statutes on his or her own initiative, as well as with an employee complaint.

Several changes in New Hampshire wage and hour law also recently went into effect. These include the allowance of a voluntary deduction from wages for loans, accidental overpayments, and tuition. Some time off may also be deducted with the employee’s permission. Deductions may also be made for contributions to political action committees, where approved by the employee.

New Hampshire is in the forefront of protecting victim’s rights, so it’s no surprise that a recent change establishes the Crime Victim Employment Leave Act, which requires that employers allow employees who have been the victim of a crime work leave. These leave periods include attending court or other legal or investigative proceedings associated with the prosecution of the crime.

Many employers don’t realize that by not properly displaying employment posters such as the Minimum Wage poster and the Protective Legislation poster that they may be violating the law. New Hampshire has one of the most stringent employer posting regulations in the U.S. Problems can be prevented if the posters, which detail wage and hour laws including minimum wage, are prominently posted and adhered to.

Posters required or strongly recommended by the State of New Hampshire include:

The New Hampshire Complete Labor Law Poster also provides the labor posters required by the Federal government, including the USERRA – Uniformed Services Employment and Reemployment Rights Act, Equal Employment Opportunity is the Law, Federal Minimum Wage, Employee Polygraph Protection Act, Family and Medical Leave Act, and OSHA – Job Safety and Health Protection Posters.

Let’s take a look at the New Hampshire Labor Law posters today. Both the State of New Hampshire and the federal government require employers to display a variety of posters. Employers who don’t comply with posting regulations are subject to audits and/ or inspections. Violations can result in fines or citations, so most employers are eager to comply. 

The New Hampshire Labor Law posters should be displayed in a conspicuous place. Popular locations are the employee break room, near the time clock, or in another “employees only” area where they will be noticed. State law requires employers to display a Minimum Wage Poster in such a manner so as to be accessible to all employees in each establishment under control of the employer.

Required New Hampshire Labor Law posters cover a range of topics. The State of New Hampshire mandates eight posters. The purpose of the posters is to advise employers and employees of their rights and obligations under the law. The posters include phone numbers to report violations of labor law, or to make claims.

Most employers find large, laminated New Hampshire Labor Law Posters the most durable. Here’s a complete list of the New Hampshire Labor Law Posters required by the state: 

• Vacation Shutdown
• Right To Know
• Workers’ Compensation
• Unemployment Insurance
• Protective Legislation
• Discrimination Notice
• Whistleblower Protection
• Minimum Wage

In addition to the New Hampshire Labor Law Posters, New Hampshire employers also must display a total of six federally mandated posters. The required federal posters include:  

• USERRA - Uniformed Services Employment and Reemployment Rights Act 
• Equal Employment Opportunity is the Law 
• Federal Minimum Wage 
• Employee Polygraph Protection Act 
• Family and Medical Leave Act 
• OSHA-Job Safety & Health Protection

To save space, these federal and state posters are conveniently available all on a single large, laminated poster, called the New Hampshire Complete Labor Law Poster.