SB244: (New Title) relative to employers withholding from employees’ wages for certain purposes.

CHAPTER 318

SB 244 – FINAL VERSION

04/05/07 0992s

31May2007… 1427h

2007 SESSION

07-1309

06/03

SENATE BILL 244

AN ACT relative to employers withholding from employees’ wages for certain purposes.

SPONSORS: Sen. Bragdon, Dist 11; Sen. Gottesman, Dist 12; Rep. Foster, Hills 4; Rep. Coughlin, Hills 4

COMMITTEE: Commerce, Labor and Consumer Protection

AMENDED ANALYSIS

This bill permits an employer to withhold a portion of an employee’s wages for certain purposes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/05/07 0992s

31May2007… 1427h

07-1309

06/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to employers withholding from employees’ wages for certain purposes.

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

318:1 Withholding of Wages. Amend RSA 275:48, I(a)-(b) to read as follows:

(a) The employer is required or empowered to do so by state or federal law, including payroll taxes.

(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) or for any of the following:

(1) Union dues;

(2) Health, welfare pension, and apprenticeship fund contributions;

(3) Voluntary contributions to charities;

(4) Housing and utilities;

(5) Payments into savings funds held by someone other than the employer;

(6) Voluntary rental fees for non-required clothing;

(7) Voluntary cleaning of uniforms and non-required clothing;

(8) The employee's use of a vehicle under by RSA 261:111, III;

(9) Medical, surgical, hospital and other group insurance benefits without financial advantage to the employer, when the employee has given his or her written authorization and deductions are duly recorded; and

(10) Required clothing not covered by the definition of uniform.

318:2 New Subparagraph; Withholding of Wages. Amend RSA 275:48, I(d) by inserting after subparagraph (5) the following new subparagraph:

(6) Voluntary payments for the employee’s use of a health or fitness facility that is sponsored by the employer for the benefit of its employees and that is located within the employer’s facility or workplace, or operated by a private health and fitness facility that offers discounted memberships of 50 percent or more to all employees of the employer, as evidenced by a document that includes the following:

(A) The time the payments will begin and end.

(B) The amounts to be deducted.

(C) A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.

318:3 Withholding of Wages; Definitions. Amend RSA 275:48, V to read as follows:

V. For purposes of this section:

(a) “Plan administrator” means the fiduciary of the plan named in the adoption agreement who has the duties specified in the plan.

(b) “Uniform” means a garment with a company logo or fashion of distinctive design, worn by one or more employees, and serving as a means of identification or distinction.

318:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 13, 2007

Effective: September 11, 2007