an official New Hampshire government website
 Home Visitors Residents Business Government
eLicensing NH Film & Television NHDOT NHEconomy TransparentNH

 

 

Government > State Government > eGovernment Services > Labor Department
This page provides links to and information on the following: Workers Compensation, Wage Claims, Safety Summary Forms, Mandatory Posters, Approved Leasing Companies, E-mail/News Alerts from the NH Department of Labor, and Whistleblower Protection Complaint Form.
 

Wage Claims

Any employee who is due unpaid wages may file a wage claim within 36 months from when the wages were due. If you are due unpaid wages from your employer/former employer and you elect to file a wage claim, you must complete a wage claim form.

The process:

  • A claimant can access the online wage claim form at http://www.nh.gov/labor/forms/wage-claim.htm. An email indicating receipt of the claim is generated to the claimant, advising them it has been received and is under review.
  • The wage claim form is reviewed by a Wage & Hour Inspector.
  • If rejected, the claimant receives an email with the reasons for rejection. The claim is closed and the submitter cannot resubmit an updated version of the claim.
  • If partially rejected, the claimant receives an email with the reasons for partial rejection and a link to original claim to make corrections and resubmit.
  • If approved, the claimant receives an email indicating the wage claim has been accepted. This does not ensure that the claimant will receive any unpaid wages. The wage claim process begins by contacting the employer on the claim.
  • The claim is mailed to the employer with a notice of wage claim. The notice of wage claim is also mailed to the claimant. The employer has 10 days from receipt to respond to the claim. Possible responses:
    • If the employer sends a check for the full amount, the check is forwarded to the claimant and the claim is closed.
    • If the employer sends a check for a partial amount, the check is sent to the claimant and the claimant is notified to see if they want to continue for the balance of the claim.
    • If the employer sends an objection to the claim, it is forwarded to the claimant. The claimant has 10 days from receipt to respond to the objection. If the claimant agrees with the objection they can close the claim or if they object to the objection they can request a hearing.
    • If the employer does not respond to the claim at all, the claim is sent to a hearings officer for review. The hearings officer will either issue an order for payment or schedule a hearing. If an order for payment is issued, it would be sent to both the claimant and employer. The employer has 20 day to comply with the order or appeal to Superior Court.
  • If a hearing is requested, a date is scheduled and a hearing notice is mailed to both parties.
  • Both the employer and the claimant each have the opportunity to request, in writing, one reschedule, providing it is outside of 7 days prior to the hearing date. A reschedule within 7 days of the hearing would only be granted in the instance of an emergency, with a request in writing, which must be copied to the opposing party.
  • The hearings officer has 30 days from the close of the hearing (which is not necessarily the hearing date) to write the decision and mail it to both parties.
  • The decision is mailed to both parties. If the decision is found to be valid in whole or in part, the employer has 20 days to remit the decided payment to the department, or appeal to Superior Court.
  • If the employer does not remit payment, or remits payment in part, the claimant is issued a court letter from the department. This allows the claimant to file the decision with the Superior Court in the county in which the work was performed, to have the order enforced. (Belknap and Rockingham counties require a certified copy of the decision sent directly from the department to the court). A filing fee may be required by the court, which is added to the decision. Jurisdiction is now with the Superior Court and the NH Department of Labor case is closed.

Safety Summary Form

Every company doing business in NH with 10 or more employees is required to file a safety summary form biennially with the NHDOL. This is a 10-question form that is reviewed by our safety inspectors to ensure these companies are thinking about safety issues and have the proper mechanisms in place to deal with them.

The process:

  • An employer can access the online safety summary form at http://www.nh.gov/labor/forms/safety-summary.htm. An email indicating receipt of the safety summary form is generated to the employer, advising them it has been received and is under review.
  • The submitted safety summary form is reviewed by a Safety inspector and an employers compliance with all workers comp, safety and wage and hour laws, is determined.
  • If rejected, the employer receives an email with the reasons for rejection, and a link to make corrections and resubmit.
  • If approved, the employer receives an email indicating the safety summary form has been approved.

Request for Payment of Wages Other than Weekly

The process:

  • An employer can access the online request form at http://www.nh.gov/labor/forms/non-weekly-payment.htm. An email indicating receipt of the request is generated to the employer, advising them it has been received and is under review, and to not change their payment method until they receive approval.
  • The submitted request is reviewed by a Wage & Hour inspector and an employers compliance with all workers compensation, safety and wage & hour laws, is determined.
  • If rejected, the employer receives an email with the reasons for rejection, and a link to make corrections and resubmit.
  • If approved, the employer receives an email indicating the request has been approved. The employer may now begin to pay wages in the manner approved by this department.

Mandatory Posters

  • NH State laws and federal laws require businesses to post certain posters in the work place. This link provides access to all the NH Department of Labor required posters, available for download, and helpful links to other state and federal posters.

Email Alerts/News

  • This page allows all visitors to the website to subscribe to email alerts and news regarding the NHDOL.

Whistleblower Protection Complaint Form

  • The Whistleblower Protection Complaint Form is filled out by employees who wish to file a complaint of the Whistleblower Protection Act against their employer. The act protects the employee's terms, conditions and privileges from employer threats and discrimination. By submitting this form, an employee may report to NH Dept. of Labor any violations of the NH Whistleblower Protection Act.

The process:

  • A complainant can access the online whistleblowers complaint form at http://www.nh.gov/labor/forms/whistleblower-complaint.htm. An email indicating receipt of the complaint is generated to the complainant, advising them it has been received and is under review.
  • The whistleblowers complaint form is reviewed by a Wage & Hour Inspector.
  • If rejected, the complainant receives an email with the reasons for rejection. The complaint is closed and the submitter cannot resubmit an updated version of the complaint.
  • If partially rejected, the complainant receives an email with the reasons for partial rejection and a link to original complaint to make corrections and resubmit.
  • If approved, the complainant receives an email indicating the whistleblowers complaint form has been accepted. The whistleblowers complaint form process begins by contacting the employer on the complaint.
  • The whistleblowers complaint form is mailed to the employer with a notice of whistleblowers complaint. The notice of whistleblowers complaint is also mailed to the complainant. The employer has 10 days from receipt to respond to the claim.
  • The employer's response is mailed to the complainant. If the complainant agrees with the objection they can close the complaint or if they object to the objection, they can request a hearing.
  • If the employer does not respond to the complaint at all, the complaint will be scheduled for a hearing.
  • If a hearing is requested, a date is scheduled and a hearing notice is mailed to both parties.
  • Both the employer and the complainant each have the opportunity to request, in writing, one reschedule, providing it is outside of 7 days prior to the hearing date. A reschedule within 7 days of the hearing would only be granted in the instance of an emergency, with a request in writing.
  • The hearings officer has 30 days from the close of the hearing (which is not necessarily the hearing date) to write the decision and mail it to both parties.
  • The decision is mailed to both parties. If the decision is found to be valid in whole or in part, the employer has 30 days to comply with this department's decision.
  • If payment in full is received, the check and a payment letter are mailed to the claimant the same day, and the case is closed.
  • If the claim is found to be valid and the employer does not comply within 30 days, on the 31st day, the claimant can file to have the order enforced in Superior Court.
  • Within 30 days, either party may request a rehearing, which is responded to immediately. NHDOL has 10 days to respond.
  • If either party is denied a rehearing with the NHDOL, they may appeal to the Supreme Court, within 30 days of the denial.

 

 
 nh.gov | privacy policy | accessibility policy | site map | contact us Copyright (c) State of New Hampshire, 2012