HB808: relative to employees' rights to bring court action against employers.

HB 808 – AS INTRODUCED

2007 SESSION

07-0559

06/01

HOUSE BILL 808

AN ACT relative to employees’ rights to bring court action against employers.

SPONSORS: Rep. P. McMahon, Merr 3; Rep. Marshall Quandt, Rock 13; Sen. Hassan, Dist 23

COMMITTEE: Labor, Industrial and Rehabilitative Services

ANALYSIS

This bill permits employees to bring civil actions against their employers.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0559

06/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to employees’ rights to bring court action against employers.

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

1 New Paragraphs; Rights and Remedies. Amend RSA 275-E:4 by inserting after paragraph II the following new paragraphs:

III. A civil action by an employee to recover damages for the violation of this chapter may be maintained in any court of competent jurisdiction by bench or jury trial. The trier of fact shall determine liability, back pay, and fringe benefits. The court shall determine the equitable relief, including, but not limited to, reinstatement of the employee, seniority rights, any appropriate injunctive relief, or any combination of these remedies.

IV. If the employee prevails, whether before the labor commissioner or court, in addition to damages, the court, commissioner, or the commissioner’s designee may allow the employee’s costs of the action and reasonable attorney’s fees, to be paid by the defendant employer.

2 Effective Date. This act shall take effect January 1, 2008.