N.H. Admin. Code § Lab 803.05

Current through Register No. 50, December 12, 2024

Section Lab 803.05 - Exemption

The term "employee" as it applies to RSA 275:42, II and RSA 279:1, X shall not apply to the following:

(a) Bonafide volunteers:

(1) When such volunteers are performing work for public, charitable, or religious facilities and where such volunteer duties do not necessarily or traditionally lead to paid employment; or

(2) When such activities are exempt under 29 CFR 553:100-106, WH Publication 1297 "Employment Relationship" of the Fair Labor Standards Act;

(b) Inmates of a county or state correctional facility under RSA 651 who are required to work and perform services for which no significant remuneration is provided;

(c) An individual performing community service work under a court order or the provisions of a court diversion program;

(d) An applicant for employment who is filling out paperwork, participating in pre-screening examinations or interviews;

(e) A student participating in a non-paid work based activity approved by the New Hampshire department of labor in accordance with Lab 805;

(f) An operator of a booth located within a salon or barbershop who operates independently of the salon or barbershop and who possesses a shop license as required by RSA 313-A: 17; and

(g) Elected public officials, of counties or municipalities.

N.H. Admin. Code § Lab 803.05

#5491, eff 10-20-92, EXPIRED: 10-20-98

New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.06)

Amended by Volume XXXVI Number 19, Filed May 12, 2016, Proposed by #11070, Effective 4/11/2016, Expires 4/11/2026.

Amended by Volume XL Number 11, Filed March 12, 2020, Proposed by #13000, Effective 3/5/2020, Expires 3/5/2030.