What is Employee Misclassification?
While there are many aspects to misclassification, in the broader sense it includes hiring practices used by employers to avoid their obligations under the law, such as providing workers' compensation insurance, unemployment coverage and other employer paid taxes, withholdings and benefits.
Who is an employee?
Generally speaking, every worker is considered an employee under New Hampshire law unless they can show themselves to be otherwise. From a Department of Labor/Workers' Compensation standpoint, you are an employee unless you can qualify as an independent contractor. In order to qualify as an independent contractor, you must meet ALL 12 criteria specified under NH RSA 281-A:2 VI(b).
Who is an independent contractor?
Independent contractors are in business for themselves and are not employees. They usually offer their services to the public and are hired to accomplish a specific task or tasks. While the task(s) are determined by the employer, the manner in which they are completed and the control as to how the work is done is determined by the independent contractor. In order to qualify as an independent contractor in New Hampshire for Department of Labor/Workers' Compensation purposes, you must meet ALL 12 criteria specified under NH RSA 281-A:2 VI(b).
How is New Hampshire addressing employee misclassification?
Various state agencies deal with the effects of misclassification on a daily basis, as do businesses and workers. The state has put in place a Joint Agency Task Force on Employee Misclassification Enforcement to find ways to improve communication, outreach and make enforcement more effective. In addition, anyone who suspects misclassification is occurring can report that through this website. Click on the link called "Report Suspected Misclassification" to begin the process.
How can I report employee misclassification?
The state of New Hampshire welcomes reports of suspected employee misclassification. Click on the link in the list on the upper left of this page or directly to the link above.
Task Force for the Misclassification of NH Workers