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Summary of differences between federal and state regulations
The federal law does not spell out actual hours that must be worked in a work day. Under the Fair Labor Standards Act, the workweek ordinarily includes all the time during which an employee is required to be:
- On the employer's premises
- On duty, or
- At a prescribed work place
New Hampshire has adopted the federal "hours worked" regulations found in 29 CFR Part 785 for enforcement purposes.
New Hampshire law places some restrictions on working days in the New Hampshire Revised Statutes Annotated (RSA) as follows.
Section 275:28 - Holidays
No employee shall be required to work in any mill or factory on any legal holiday, except to perform such work as is both absolutely necessary and can lawfully be performed on the Lord's Day.
Section 275:30 - Day's Work Defined
In all contracts relating to labor, 8 hours' actual labor shall be taken to be a day's work unless otherwise agreed by the parties. This provision shall not apply to classes of labor for which the law provides day limits.
Section 275:30-a - Lunch or Eating Period
An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period, except if it is feasible for the employee to eat during the performance of his work, and the employer permits him to do so.
Section 275:31 - Making Up Time
No person shall require or request any employee engaged in any occupation to work more hours in any one day than is limited by law, in order to make up lost time by reason of a legal holiday.
Section 275:32 - Sunday Work
Whoever requires an employee engaged in any occupation to do on Sunday the usual work of his occupation, unless he is allowed during the 6 days next ensuing 24 consecutive hours without labor, shall be fined not more than $50; provided that this section and the following section shall not be construed as allowing any work on Sunday not otherwise authorized by law.
Section 275:33 - Day of Rest
No employer shall operate any such business on Sunday unless he has posted in a conspicuous place on the premises a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each, and shall promptly file a copy of such schedule and every change therein with the labor commissioner. No employee shall be required or allowed to work on the day of rest designated for him. Whoever violates this section shall be fined $50.
Section 275:33-a Application
The provisions of RSA 275:33 shall not apply to hospitals, nursing homes, orphanages and homes for the aged.
Section 275:33-b Special Agreement
Employers may be exempt from RSA 275:32 and 33 where mutual agreements are reached between employer and employees, after approval of the labor commissioner where it appears for the best interests of all parties concerned.
Section 275:34 Applications of Provisions
RSA 275:32 and 33 shall not apply to establishments used for the manufacture or distribution of gas, electricity, milk or water, nor to the transportation, sale, or delivery of food.
Section 275:35 Exceptions
RSA 275:32 and 33 shall not apply to the following employees:
I. Janitors, watchmen, firemen employed at stationary plants, or caretakers.
II. Employees whose duties on Sunday include only setting sponges in bakeries; caring for live animals or caring for machinery and plant equipment.
III. Employees engaged in the preparation, printing, publication, sale or delivery of newspapers, or periodicals with definite on-sale newsstand dates.
IV. Employees engaged in farm or personal service.
V. Employees engaged in any labor called for by an emergency which could not reasonably have been anticipated.
VI. Employees engaged in the canning of perishable goods.
VII. Employees engaged in any work connected with retail stores in resort areas; cabins and inns; and in theatres, motion picture houses, hotels and restaurants.
VIII. Employees of telegraph and telephone offices.
Section 275:67 Prohibited Overtime
I. A registered nurse, licensed practical nurse, or a licensed nursing assistant licensed under RSA 326-B shall not be disciplined, or lose any right, benefit, or privilege for refusing to work more than 12 consecutive hours, except as provided in paragraph II. A nurse may be disciplined for refusing mandatory overtime in a case when overtime is required under paragraph II. Any nurse who is mandated to work more than 12 consecutive hours, as permitted by this subdivision, shall be allowed at least 8 consecutive hours of off-duty time immediately following the worked overtime.
II. The prohibition against mandatory overtime shall not apply to:
(a) A nurse participating in surgery, until the surgery is completed;
(b) A nurse working in a critical care unit, until another employee beginning a scheduled work shift relieves him or her;
(c) A nurse working in a home health care setting, until another qualified nurse or customary caregiver relieves him or her;
(d) A public health emergency; or
(e) A nurse covered by a collective bargaining agreement containing provisions addressing the issue of mandatory overtime.
Section 275:68 Special Agreement
Employers shall be exempted from the provisions of RSA 275:67 by written agreement between the employer and employee, made without coercion or pressure, provided the agreement is submitted to the commissioner of the department of labor. The agreement may be terminated by the employee by written notice to the employer and the commissioner of the department of labor. Said termination shall be effective 14 days after notice is provided.
State
Contact
New Hampshire Department of Labor Inspection Division-Wage and Hour Administrator
Regulations
New Hampshire Statutes Title XXIII, Labor, Chapter 275, Protective Legislation
New Hampshire Administrative Rules, Chapter Lab 800, Section 803.04 - Hours Worked
Federal
Contact
The Department of Labor is the federal agency that monitors hours worked.
Regulations
U.S. labor regulations for hours worked can be found in CFR 29: