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Compliance Alert - NH DOL Issues Revised Minimum Wage Law Notice

Posted on Feb 21, 2012.

The NH Department of Labor recently issued a revision to the NH Minimum Wage Law notice that employers are required to have on display for their employees. The revised notice includes new verbiage due to legislation that was passed last year, related to the minimum wage and tipped employees. 

The revised notice includes the following statement regarding the minimum wage in NH:

Unless otherwise provided by statute, no person, firm of corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.

Additionally, the revised notice includes the following new detail (in red, bold text, below) relative to tipped employees.

Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. Restaurant shall include an establishment in a temporary or permanent building, kept, used, maintained, advertised, and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments which do not primarily prepare and serve food. Tipped employees shall also include employees who deliver meals prepared in a restaurant to the customer's home, office, or other location. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage.

For Checkmate clients who use our PosterLink service, this should be a non-issue, as you should have received a new, laminated, NH labor law poster with the revised notice, last week. Checkmate will also be sending a new version of the laminated NH Labor Law poster to clients who recently purchased the 2012 poster from us, within the next couple of weeks.

You can download a free version of the revised New Hampshire Minimum Wage Law notice from the NH DOL website, by clicking here.

Please contact Joshua Robinson by email to josh@checkmatenh.com or call 603.225.2004 for more information about PosterLink.