HR Audit 10 most common violations in 2013

Ever wondered what the New Hampshire Department of Labor finds when they are auditing businesses? They publish the top 10 violations each year. Be prepared and make sure you understand what to do in order to prevent any of those violations.

1. Misclassification of independent contractors.

RSA 275:42, II; RSA 275-E:1, I; and RSA 281-A:2, VI (b)(1)(A-G)

2. Misclassification of exempt employees (overtime pay is due to hourly and salaried employees unless they are exempt)

RSA 279:21, VIII

3. Failure to provide written notice to employees of their wage rate, pay period, pay day and a general description of fringe benefits when they are hired and in advance of any changes thereto.

RSA 275:49 and Lab 803.03

4. Failure to secure the proper youth employment paperwork or not abiding by work hours limitations or hazardous environment prohibitions for workers under age 18.

RSA 276-A:  4 & 5 and Lab 1000

5. Failure to keep accurate records of all hours worked.  (Not recording meal breaks taken).

RSA 279:27 and Lab 803.

6. Failure to pay minimum wage due for all hours worked.

RSA 279:2

7. Improper deductions from wages.  Not following list of approved deductions.

RSA 275:48 and Lab 803.02(b),(e),(f)

8. Failure to pay 2 hours minimum pay at the employee’s regular rate of pay on a given day when he/she reports to work at the request of the employer.

RSA 275:43-a and Lab 803.03(h),(i),(j)

9. Employing illegal aliens (and others who don’t have proper documentation on file).

RSA 275-A: 4-a

10. Failure to have a written safety plan, joint loss management committee and safety summary form filed biennially, as required.

RSA 281-A:64 and Lab 602.01, 602.02, 603.02, and 603.03

10 most common labor law violations - HR Audit

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