Live Free or Die Legal
This website is not an official source of law. This website does not provide legal advice. For official legal materials, verify against the relevant court, legislature, agency, or other official source. Legal information may be incomplete, outdated, or incorrectly processed. Consult a qualified attorney for advice about a specific legal matter.

This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.

RSA 275:42 · Definitions

Title
XXIII: LABOR
Chapter
275 · PROTECTIVE LEGISLATION
Status
current
Official source linked
Yes
Official source Copy section link

275:42 Definitions. – Whenever used in this subdivision:

Copy link
I.

The term "employer" includes any individual, partnership, association, joint stock company, trust, corporation, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person, except employers of domestic labor in the home of the employer, or farm labor where less than 5 persons are employed.

Copy link
II.

"Employee" means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2, VI(b)(2), (3), or (4), or RSA 281-A:2, VII(b), or a person providing services as part of a residential placement for individuals with developmental, acquired, or emotional disabilities, or any person who meets all of the following criteria:

Copy link
(a)

The person possesses or has applied for a federal employer identification number or social security number, or in the alternative, has agreed in writing to carry out the responsibilities imposed on employers under this chapter.

Copy link
(b)

The person has control and discretion over the means and manner of performance of the work, in that the result of the work, rather than the means or manner by which the work is performed, is the primary element bargained for by the employer.

Copy link
(c)

The person has control over the time when the work is performed, and the time of performance is not dictated by the employer. However, this shall not prohibit the employer from reaching an agreement with the person as to completion schedule, range of work hours, and maximum number of work hours to be provided by the person, and in the case of entertainment, the time such entertainment is to be presented.

Copy link
(d)

The person hires and pays the person's assistants, if any, and to the extent such assistants are employees, supervises the details of the assistants' work.

Copy link
(e)

The person holds himself or herself out to be in business for himself or herself or is registered with the state as a business and the person has continuing or recurring business liabilities or obligations.

Copy link
(f)

The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.

Copy link
(g)

The person is not required to work exclusively for the employer.

Copy link
III.

The term "wages" means compensation, including hourly health and welfare, and pension fund contributions required pursuant to a health and welfare trust agreement, pension fund trust agreement, collective bargaining agreement, or other agreement adopted for the benefit of an employee and agreed to by his employer, for labor or services rendered by an employee, whether the amount is determined on a time, task, piece, commission, or other basis of calculation.

Copy link
IV.

The term "commissioner" means the labor commissioner.

Copy link
V.

For the purposes of this subdivision the officers of a corporation and any agents having the management of such corporation who knowingly permit the corporation to violate the provisions of RSA 275:43, 44 shall be deemed to be the employers of the employees of the corporation.

Copy link
VI.

The term "salaried employee" means any employee who under an employment agreement or as a matter of policy or practice, regularly receives each pay period a predetermined or fixed amount of money constituting compensation, based on a predetermined amount of wages to be paid as determined by a daily rate, weekly rate, bi-weekly rate, semi-monthly rate or monthly rate, and which amount is not subject to reduction because of variations in the quality or quantity of the work performed and regardless of the hours or days worked except as otherwise provided in RSA 275:43-b.

Copy link
VII.

The term "draw against commission" means a compensation method under which an employee receives, at least once each month, a draw payment of not less than the minimum wage, representing an advance against anticipated commission earnings. Draws shall be reconciled against commissions monthly unless otherwise agreed, in writing, by employer and employee. If the reconciliation results in an amount payable to the employee, payment shall be made in accordance with this chapter. If the reconciliation results in a negative balance, the balance may, by written agreement between employer and employee, be carried over into ensuing time periods; however, if a final reconciliation results in a negative balance, it shall not be recoverable from the employee.

Copy link
VIII.

"Payroll card" means an access device issued and accepted by a financial institution to access funds from the employee's payroll card account.

Copy link
IX.

"Payroll card account" means an account directly or indirectly established by an employer on behalf of an employee to which electronic fund transfers of the employee's wages, salary, or other employee compensation are made on a recurring basis. A payroll card account does not include a savings account or a demand deposit account at a financial institution and shall be subject to Regulation E, 12 C.F.R. part 205. Disclosures, periodic statements, or alternatives to periodic statements; notices; error resolution procedures; and limitations on liability, with respect to payroll cards, shall be in accordance with the federal Electronic Fund Transfer Act, 15 U.S.C. section 1693 et seq., and its implementing regulation, Regulation E, 12 C.F.R. part 205. Source. 1887, 26:1. PS 180:21. 1909, 134:1. 1919, 6:1. 1921, 68:1. PL 176:25. 1935, 69:1. RL 212:14. 1951, 124:1. RSA 275:42. 1957, 187:15. 1963, 237:3. 1967, 398:1. 1975, 335:1. 1994, 290:2. 1999, 279:2. 2007, 299:1, eff. Sept. 11, 2007; 362:3, eff. Jan. 1, 2008. 2012, 139:2, eff. Aug. 6, 2012.

Copy link

Source note

Source. 1887, 26:1. PS 180:21. 1909, 134:1. 1919, 6:1. 1921, 68:1. PL 176:25. 1935, 69:1. RL 212:14. 1951, 124:1. RSA 275:42. 1957, 187:15. 1963, 237:3. 1967, 398:1. 1975, 335:1. 1994, 290:2. 1999, 279:2. 2007, 299:1, eff. Sept. 11, 2007; 362:3, eff. Jan. 1, 2008. 2012, 139:2, eff. Aug. 6, 2012.

Source history

  • 1887, 26:1. PS 180:21
  • 1909, 134:1
  • 1919, 6:1
  • 1921, 68:1. PL 176:25
  • 1935, 69:1. RL 212:14
  • 1951, 124:1. RSA 275:42
  • 1957, 187:15
  • 1963, 237:3
  • 1967, 398:1
  • 1975, 335:1
  • 1994, 290:2
  • 1999, 279:2
  • 2007, 299:1, eff. Sept. 11, 2007; 362:3, eff. Jan. 1, 2008
  • 2012, 139:2, eff. Aug. 6, 2012

Related materials

Bill relationships

  • 2026 HB1109 amend · effective 2027-01-01

    e it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Protective Legislation; Notice of Suspension of Public Employees. Amend RSA 275 by inserting after section 83 the following new subdivision: Notice of Suspension of Public Employees 275:84 Suspension Notice and Investigation Updates to Public Employees. I. If any public employee is suspend

  • 2026 HB1123 amend

    e it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Labor; Noncompete Agreements; Salary Ranges Required In Job Postings. Amend RSA 275 by inserting after section 70-a the following new section: 275:70-b Salary Ranges Required In Job Postings. I. In this section: (a) "Employer" means a person or entity that employs 50 or more employees at one or

  • 2026 HB1177 amend · effective 2027-01-01

    nature of such employment. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Protective Legislation; Remote Work. Amend RSA 275 by inserting after section 37-b the following new section: 275:37-c Remote Work. I. In this section, "remote work" means a flexible work arrangement in which an employee, under a written remote work agreement, i

  • 2026 HB1245 reference

    s any individual or business that contracts for the performance of services by an independent contractor. II. "Independent contractor" means a person who qualifies as such under RSA 275:42, II, or applicable common law tests, who is free from control or direction over the performance of services. III. "Portable benefit account" means an account owned and controlled by an independent contractor, who ma

  • 2026 HB1245 reference

    Classification. I. The following actions shall be excluded from consideration when determining a worker’s legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute: (a) The offer of, or contribution to, a portable benefit account by a hiring party; (b) An independent contractor’s participation in or control over

  • 2026 HB1245-FN reference

    Classification. I. The following actions shall be excluded from consideration when determining a worker’s legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute: (a) The offer of, or contribution to, a portable benefit account by a hiring party; (b) An independent contractor’s participation in or control over

  • 2026 HB1245-FN reference

    s any individual or business that contracts for the performance of services by an independent contractor. II. "Independent contractor" means a person who qualifies as such under RSA 275:42, II, or applicable common law tests, who is free from control or direction over the performance of services. III. "Portable benefit account" means an account owned and controlled by an independent contractor, who ma

  • 2026 HB1663 amend

    rt. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Employment Protections for Members of the General Court. Amend RSA 275 by inserting after section 83 the following new subdivision: Employment Protections for Members of the General Court 275:84 Right to Leave Work. I. An employer shall permit an employee who is also a current mem

  • 2026 HB1761 reference · effective 2027-01-01

    of the department of insurance. X. "Domestic partner" means an adult in a committed relationship with another adult. XI. "Employee" shall have the same meaning as provided in RSA 275:42. XII. "Employer" shall have the same meaning as provided in RSA 275:42. XIII. "Family and medical leave insurance benefits" means the wage replacement entitlements provided under this subdivision. XIV. "Family me

  • 2026 HB1761-FN reference · effective 2027-01-01

    of the department of insurance. X. "Domestic partner" means an adult in a committed relationship with another adult. XI. "Employee" shall have the same meaning as provided in RSA 275:42. XII. "Employer" shall have the same meaning as provided in RSA 275:42. XIII. "Family and medical leave insurance benefits" means the wage replacement entitlements provided under this subdivision. XIV. "Family me

  • 2025 HB2 amend

    pports, including postpartum depression supports; and (d) Resource and referral. 141:263 New Section; Expand Employee Protection to Attend Pregnancy Appointments to Postpartum and Fertility Appointments. Amend RSA 275 by inserting after section 37-e the following new section: 275:37-f Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Medical Appointments. No employer with

Opinions and discipline decisions mentioning this RSA