New Hampshire Independent Contractors laws & HR compliance analysis

New Hampshire Independent Contractors: What you need to know

Whether a worker is an “employee” or an “independent contractor” is critical when it comes to such important issues as pension eligibility, workers' compensation coverage, wage and hour law, and many other matters. In some situations, federal law will govern, but the question is most often resolved by looking to state law, particularly in areas such as unemployment tax liability, workers' compensation, and state wage and hour requirements.
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In New Hampshire, any person, other than a direct seller or qualified real estate broker or agent or real estate appraiser, who performs services for pay for an employer is presumed to be an employee covered by workers' compensation (NH Rev. Stat. Sec. 281-A:2). This presumption may be rebutted by proof that an individual meets all of the following criteria:
• He or she possesses or has applied for a federal employer identification number or Social Security number, or, as an alternative, has agreed in writing to carry out the responsibilities imposed on employers under the workers' compensation laws;
• He or she has control and discretion over how the work is to be performed so 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;
• He or she has control over the time when the work is performed; the time of performance is not dictated by the employer. However, the employer and the individual may agree on a completion schedule, range of work hours, and the maximum number of work hours to be provided, and in the case of entertainment, the time such entertainment is to be presented;
• He or she hires and pays his or her own assistants, if ...

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