New Hampshire Criteria to Establish an Employee or Independent Contractor Poster Required
The Criteria to Establish an Employee or Independent Contractor is a labor law posters 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.
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State of New Hampshire Department of Labor Criteria to Establish an Employee or Independent Contractor “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 fo r individuals with developmental, acquired, or emotional disabilities, or any person who meets all of the following criteria: (a) The person possesses or has applied for a federal employer identification number or social security number, or in the alter native, has agreed in writing to carry out the responsibilities imposed on employers under this chapter. (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. (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 prohi bit 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. (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. (e) The person holds himself or herself out to be in business for himself or herself or is regis tered with the state as a business and the person has continuing or recurring business liabilities or obligations . (f) The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work . (g) The person is not required to work exclusively for the employer. INSPECTION DIVISION Rudolph W. Ogden, III Ken Merrifield P O BOX 2076 Deputy Commissioner Commissioner CONCORD NH 03302 -2076 (603) 271 -1492 & 271 -3176 THIS NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE Rev. 02 -01 -18
Other New Hampshire Labor Law Posters 4 PDFS
There are an additional twelve 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.
View all 13 New Hampshire labor law posters
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- Original poster PDF https://www.nh.gov/labor/documents/employee-contractor-poster.pdf , updated February 2023
- New Hampshire Labor Law Posters at http://www.nh.gov/labor/forms/mandatory-posters.htm
- New Hampshire Department Of Labor
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