New Hampshire
Criteria to Establish an Employee or Independent Contractor Poster
Mandatory
The Criteria to Establish an Employee or Independent Contractor is a New Hampshire employee classification law poster provided for businesses by the New Hampshire Department Of Labor. This is a required poster for all New Hampshire employers, and any business that fails to post this notification may be subject to penalties or fines.
This is a state labor law poster enforced by the New Hampshire department of labor. It is a must have posting required of all employers and labor organizations working within the state. It sets out the differences between an employee and an independent contractor as is defined by relevant state laws. The distinction makes it easier to know how to treat, deal with, and or reward persons carrying specific tasks for an employer either in the capacity of an employee or an independent contractor such that they are guided by the relevant laws as regards the same. According to the department, this poster must be displayed at conspicuous places at work where everyone can see.
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 for 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 alternative, 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 prohibit 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 registered 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 95 PLEASANT ST. CONCORD NH 03301 (603) 271-1492 & 271-3176 Danielle N. Albert Deputy Commissioner Ken Merrifield Commissioner THIS NOTICE MUST BE POSTED IN A CONSPICUOUS PLACE Rev. 02-01-18
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More New Hampshire Labor Law Posters
13 PDFS
Minimum-Wage.org provides an additional twelve required and optional New Hampshire labor law posters that may be relevant to your business. Be sure to also print and post all required state labor law posters, as well as all of the mandatory federal labor law posters.
| New Hampshire Poster Name | Poster Type |
|---|---|
| Required The Whistleblower Protection Act | Whistleblower Law |
| Required NHES Vacation Shutdown | Unemployment Law |
| Required Unemployment Notice | Unemployment Law |
| Required Protective Legislation Law - Payment of Wages | Miscellaneous Law |
| Required New Hampshire Minimum Wage Law | Minimum Wage Law |
List of all 13 New Hampshire labor law posters
New Hampshire Labor Law Poster Sources:
- Original poster PDF URL: https://www.nh.gov/labor/documents/employee-contractor-poster.pdf , last updated May 2020
- New Hampshire Labor Law Poster Page at http://www.nh.gov/labor/forms/mandatory-posters.htm
- New Hampshire Department Of Labor at http://www.nh.gov/labor/index.htm
Labor Poster Disclaimer:
While Minimum-Wage.org does our best to keep our list of New Hampshire labor law posters updated and complete, we provide this free resource as-is and cannot be held liable for errors or omissions. If the poster on this page is out-of-date or not working, please send us a message and we will fix it ASAP.