275:44 Employees Separated From Payroll Before Pay Days
Last revised 1887 § Leave a Comment
I. Whenever an employer discharges an employee, the employer shall pay the employee’s wages in full within 72 hours.
II. Whenever an employee quits or resigns, the employer shall pay the employee’s wages no later than the next regular payday, as provided under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, except that if the employee gives at least one pay period’s notice of intention to quit the employer shall pay all wages earned by the employee within 72 hours.
III. When work of an employee is suspended as a result of a labor dispute, or when an employee for any reason whatsoever is laid off, the employer shall pay in full to such employee not later than the next regular payday, as designated under RSA 275:43, either through the regular pay channels or by mail if requested by the employee, wages earned at the time of suspension or layoff.
IV. If an employer willfully and without good cause fails to pay an employee wages as required under paragraphs I, II or III of this section, such employer shall be additionally liable to the employee for liquidated damages in the amount of 10 percent of the unpaid wages for each day except Sunday and legal holidays upon which such failure continues after the day upon which payment is required or in an amount equal to the unpaid wages, whichever is smaller; except that, for the purpose of such liquidated damages such failure shall not be deemed to continue after the date of filing of a petition in bankruptcy with respect to the employer if he is adjudicated bankrupt upon such petition.
V. Regardless of the reason for an employee’s termination of employment the employer shall pay to the appropriate administrator or other designated officials all wages in the nature of hourly health and welfare fund or pension fund contributions due with respect to such employee at the time of the next succeeding payment date applicable to such contributions.
1887, 26:4. PS 180:23. PL 176:27. RL 212:16. RSA 275:44. 1963, 237:3. 1967, 398:3, eff. Sept. 1, 1967.
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