New Hampshire Criteria to Establish an Employee or Independent Contractor Poster Required
The Criteria to Establish an Employee or Independent Contractor is an employee classification law poster by the New Hampshire Department Of Labor. This is a mandatory posting for all employers in New Hampshire, and businesses who fail to comply may be subject to fines or sanctions.
This poster must be posted in a conspicuous place where all employees and independent contractors will see it. This poster describes how to tell the difference between an Independent Contractor and an Employee.
NH All-In-One Labor Poster: Instead of printing out dozens of posters, employers can also purchase an all-in-one poster that covers both New Hampshire and Federal poster requirements by clicking here .
State of New Hampshire Department of Labor Criteria to Establish an Employee or Independent Co ntractor “Employee” means and includes every person who may be permitted, re quired, 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 develop mental, acquired, or emotional disabilities, or any person who meets all of the following criteria: (a) The person possesses or has applied for a feder al employer identification number or social securit y number, or in the alternative, has agreed in writing to car ry out the responsibilities imposed on employers un der this chapter. (b) The person has control and discretion over the means and manner of performance of the work, in tha t the result of the work, rather than the means or manner by which the work is performed, is the primary ele ment bargained for by the employer. (c) The person has control over the time when the w ork is performed, and the time of performance is not dictated by the employer. However, this shall not p rohibit the employer from reaching an agreement wit h the person as to completion schedule, range of work hou rs, and maximum number of work hours to be provided by the person, and in the case of entertainment, the t ime such entertainment is to be presented. (d) The person hires and pays the person’s assistan ts, if any, and to the extent such assistants are employees, supervises the details of the assistants’ work. (e) The person holds himself or herself out to be i n business for himself or herself or is registered with the state as a business and the person has continuing or recu rring business liabilities or obligations. (f) The person is responsible for satisfactory comp letion of work and may be held contractually respon sible for failure to complete the work. (g) The person is not required to work exclusively for the employer. INSPECTION DIVISION Kathryn J. Barger James W. Craig P O BOX 2076 Deputy Labor Commissioner Commissioner of Labor CONCORD NH 03302-2076 (603) 271-1492 & 271-3176 THIS NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE Rev. 04/22/14
Other New Hampshire Labor Law Posters 5 PDFS
There are an additional ten optional and mandatory New Hampshire labor law posters that may be relevant to your business. Be sure to also print all relevant state labor law posters, as well as all mandatory federal labor law posters.
|Poster Name||Poster Type|
|Mandatory The Whistleblower Protection Act||Whistleblower Law|
|Mandatory New Hampshire Minimum Wage Law||Minimum Wage Law|
|Mandatory Employees have a right to know about Toxic Substances used in this Workplace||Job Safety Law|
|Mandatory Protective Legislation Law||General Labor Law Poster|
|Mandatory Equal Pay Poster||Equal Opportunity Law|
While we do our best to keep our list of New Hampshire labor law posters up to date and complete, we cannot be held liable for errors or omissions. Is the poster on this page out-of-date or not working? Please let us know and we will fix it ASAP.