New Hampshire Wage and Hour Investigations: What you need to know

New Hampshire's labor commissioner (or his or her authorized representative) has the authority to enter any place of business to inspect the employer's books, registers, payrolls, and other wage-related records. The commissioner also may require the employer to provide a sworn statement of each employee's hours worked, wages paid, and classification of employment. These records may be inspected by the commissioner at any reasonable time (NH Rev. Stat. Sec. 279:3 and Sec. 279:27).
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The commissioner may hold hearings, question employees, investigate facts related to the payment of wages, administer oaths, issue subpoenas, and compel witnesses to attend proceedings and employers to produce relevant records (NH Rev. Stat. Sec. 275:51).
In addition to criminal penalties, the labor commissioner may impose a civil penalty of up to $2,500 for violations of the state's labor laws. The commissioner will issue one written warning to an employer before imposing a penalty. The employer will have 30 days from receipt of the warning to fix the violation. No warning will be issued if, in the opinion of the commissioner, the employer intends to cause harm, the violation poses a threat to public safety, or the violation involves the following:
• Failure to pay an employee in full and on time;
• Payment of wages by checks through a financial institution that is not convenient to the place of employment;
• Failure to pay final wages in full;
• Failure to pay amounts withheld for court-ordered child support to the custodial parent;
• Continuation of wage withholding for insurance benefits that have been canceled;
• Illegal withholding of wages to compensate the employer for the employee actions, which have resulted in loss ...

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