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 Legal information may be incomplete, outdated, or incorrectly processed.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This RSA section is an unofficial mirror, is not legal advice, and may be incomplete, outdated, or incorrectly processed.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 275:51 · Enforcement

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

275:51 Enforcement. –

Copy link
I.

The commissioner shall enforce and administer the provisions of this subdivision and the commissioner or the commissioner's authorized representatives are empowered, on his or her own motion or on an employee complaint, to hold hearings and otherwise to investigate charges of violations of this subdivision and to institute actions for penalties hereunder, and to entertain and adjudicate claims for wages due under the provisions of this subdivision.

Copy link
II.

The commissioner or his authorized representatives are empowered to enter and inspect such places, question such employees, and investigate such facts, conditions, or matters as they may deem appropriate, to determine whether any person has violated any provision of this subdivision or any rule or regulation issued hereunder or which may aid in the enforcement of the provisions of this subdivision.

Copy link
III.

The commissioner or his authorized representatives shall have power to administer oaths and examine witnesses under oath, issue subpoenas, compel the attendance of witnesses, and the production of papers, books, accounts, records, payrolls, documents, and testimony, and to take depositions and affidavits in any proceeding before said commissioner. III-a. Records compiled pursuant to employee interviews under paragraphs II and III are not subject to disclosure by the department. The commissioner may release such information to public officials when such information is necessary to perform their duties. If the commissioner determines that a person or employer has violated any provision of this subdivision or any rule adopted under this subdivision, that person or employer shall be provided with a report specifying the statute and rules that have been violated and a summary of supporting evidence.

Copy link
IV.

In case of failure of any person to comply with any subpoena lawfully issued, or on the refusal of any witness to testify to any matter regarding which he may be lawfully interrogated, it shall be the duty of the municipal or district court, on application by the commissioner, to compel obedience by attachment proceedings for contempt, as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

Copy link
V.

A wage claim may be filed by an employee or by the department on its own motion no later than 36 months from the date the wages were due. The commissioner shall notify the employer by serving upon the employer a copy of such claim and an order to file with the commissioner within 10 days from the receipt of such notice any objections to such claim specifying the grounds therefor. Service may be by certified mail with return receipt. If objection is not made within 10 days, the commissioner may order that payment be made in accordance with the claim. If requested, a hearing shall be afforded at which time any party may appear, with counsel if desired, and present evidence and cross-examine opposing witnesses. Any party, at the party's own expense, may cause a record to be made of the hearing. A written decision shall be made within 30 days after the hearing stating the decision and specifying the facts and conclusions upon which the decision is based. If wages are found to be due, an order for payment shall issue. Any party aggrieved by the decision may appeal to the superior court not later than 20 days from the date thereof by petition, setting forth that the decision is erroneous, in whole or in part, and specifying the grounds upon which the decision is claimed to be in error. Upon the filing of an appeal, the commissioner shall transfer to the court the record of the proceeding or a certified copy thereof. The scope of review by the superior court shall be limited to questions of law. After hearing and upon consideration of the record, the court may affirm, vacate or modify in whole or in part the decision of the commissioner, or may remand the matter to the commissioner for further findings. In the absence of a seasonable appeal, the decision and order shall be final, shall be entered upon the docket of the superior court at the request of the prevailing party, may be enforced as a judgment of the court, and shall be a lien upon the property of the employer situated in the state for a period of 3 years from the time of the decision. It is a requirement of this chapter for purposes of RSA 275:52 that a final order be immediately satisfied by the employer. Source. 1963, 237:4. 1975, 355:4-6. 1977, 133:1. 1995, 140:1. 1997, 226:4. 2005, 241:1, 2, eff. Jan. 1, 2006.

Copy link

Source note

Source. 1963, 237:4. 1975, 355:4-6. 1977, 133:1. 1995, 140:1. 1997, 226:4. 2005, 241:1, 2, eff. Jan. 1, 2006.

Source history

  • 1963, 237:4
  • 1975, 355:4-6
  • 1977, 133:1
  • 1995, 140:1
  • 1997, 226:4
  • 2005, 241:1, 2, eff. Jan. 1, 2006

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 HB1168 amend · effective 2026-05-08

    ive to employer documentation requirements. Be it Enacted by the Senate and House of Representatives in General Court convened: 50:1 Payment of Wages; Enforcement. Amend RSA 275:51, V to read as follows: V. A wage claim may be filed by an employee or by the department on its own motion no later than 36 months from the date the wages were due. The commissioner shall notify the employer by servin

  • 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

    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 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

  • 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