['Contingent Workforce']
['Independent Contractors']
06/14/2024
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New Hampshire wage and hour laws define both employee and independent contractor.
Employee: 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.
Independent contractor: A person who meets all of the following criteria:
- 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.
- 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.
- 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.
- 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.
- 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.
- The person is responsible for satisfactory completion of work and may be held contractually responsible for failure to complete the work.
- The person is not required to work exclusively for the employer.
Related information
Citations
- NH Statutes Ch. 279 – Minimum Wage Law
- NH Statutes 275:4 – Procuring Employment; Imposition of Conditions (Definitions)
- Part 795 — Employee or independent contractor classification under the Fair Labor Standards Act
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