SB316: relative to the payment of salaried employees.

CHAPTER 145

SB 316 – FINAL VERSION

29Apr2004… 1343h

2004 SESSION

04-3008

06/09

SENATE BILL 316

AN ACT relative to the payment of salaried employees.

SPONSORS: Sen. Sapareto, Dist 19

COMMITTEE: Insurance

AMENDED ANALYSIS

This bill allows an employer to prorate the salary of an employee who is terminated for cause. This bill also allows an employer to withhold certain items from an employee’s wage when the employee requests the withholding in writing.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Apr2004… 1343h

04-3008

06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the payment of salaried employees.

Be it Enacted by the Senate and House of Representatives in General Court convened:

145:1 Payment of Salaried Employees; Termination for Cause. Amend RSA 275:43-b, II to read as follows:

II. Employers may prorate salary to a daily basis when a salaried employee is hired after the beginning of a pay period, [or] terminates of his own accord before the end of a pay period, or is terminated for cause by the employer.

145:2 Withholding of Wages; Employee Authorized Deductions. Amend RSA 275:48, I to read as follows:

I. No employer may withhold or divert any portion of an employee’s wages unless:

(a) The employer is required or empowered to do so by state or federal law[, or].

(b) The employer has a written authorization by the employee for deductions for a lawful purpose accruing to the benefit of the employee as provided in regulations issued by the commissioner[,] or as provided in subparagraph (d).

(c) The deductions are pursuant to any rules or regulations for medical, surgical, or hospital care or service, without financial benefit to the employer and openly, clearly, and in due course recorded in the employer’s books.

(d) Upon an employee’s written request, an employer may deduct the following items from the employee’s wages, provided that the employer shall provide a written itemized accounting of such requested deductions to the employee at least once per month:

(1) Voluntary contributions into cafeteria plans or flexible benefit plans, or both, as authorized by section 125 or section 132 of the Internal Revenue Code.

(2) Voluntary payments by the employee for the following:

(A) Child care fees by a licensed child care provider.

(B) Parking fees.

(C) Pharmaceutical items, gift shop, and cafeteria items purchased on site of a hospital by hospital employees.

145:3 Effective Date. This act shall take effect January 1, 2005.

(Approved: May 24, 2004)

(Effective Date: January 1, 2005)