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2022 New Hampshire Revised Statutes
Title XXIII - Labor
Title 275-F - New Hampshire Worker Adjustment and Retraining Notification Act
Section 275-F:2 - Definitions.
Universal Citation:
NH Rev Stat § 275-F:2 (2022)
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275-F:2 Definitions. –
In this chapter:
I. " Affected employees " means employees who may reasonably be expected to experience employment loss as a consequence of a proposed plant closing or mass layoff by their employer.
II. " Commissioner " means the commissioner of labor acting through the powers and personnel of RSA 273.
III. " Department " means the department of labor.
IV. (a) " Employer " means any business enterprise that employs in New Hampshire:
(1) One hundred or more employees, excluding part-time employees; or
(2) One hundred or more employees who in the aggregate work at least 3,000 hours per week, exclusive of hours of overtime.
(b) For purposes of this chapter, any entity that directly or indirectly owns and operates a business enterprise in New Hampshire that satisfies the criteria in subparagraph IV(a) is an employer.
V. (a) " Employment loss " means:
(1) An employment termination, other than a discharge for cause, voluntary departure, or retirement;
(2) A layoff exceeding 6 months; or
(3) A reduction in hours of work of more than 50 percent during each month of any 6-month period.
(b) "Employment loss" shall not mean a plant closing or layoff that is the result of the relocation or consolidation of part or all of the employer's business if, before the closing or layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment, or the employer offers to transfer the employee to any other site of employment, regardless of distance, with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer, closing, or layoff, whichever is later.
VI. " Mass layoff " means a reduction in force which:
(a) Is not the result of a plant closing; and
(b) Results in an employment loss at a single site of employment in New Hampshire during any 30-day period for at least 250 employees, excluding any part-time or seasonal employees, or at least 25 employees, excluding any part-time or seasonal employees, if they constitute 33 percent of the full-time employees of the employer.
VII. " Part-time employee " means an employee who is employed for an average of fewer that 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.
VIII. " Plant closing " means the permanent or temporary shutdown of a single site of employment in New Hampshire, or one or more facilities or operating units within a single site of employment in New Hampshire, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees, excluding any part-time employees.
IX. " Representative " means an exclusive representative of employees within the meaning of 29 U.S.C. section 159(a).
X. " Seasonal employee " means an employee who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required, or an employee hired with the understanding that his or her employment was limited to the duration of a particular project or undertaking.
In this chapter:
I. " Affected employees " means employees who may reasonably be expected to experience employment loss as a consequence of a proposed plant closing or mass layoff by their employer.
II. " Commissioner " means the commissioner of labor acting through the powers and personnel of RSA 273.
III. " Department " means the department of labor.
IV. (a) " Employer " means any business enterprise that employs in New Hampshire:
(1) One hundred or more employees, excluding part-time employees; or
(2) One hundred or more employees who in the aggregate work at least 3,000 hours per week, exclusive of hours of overtime.
(b) For purposes of this chapter, any entity that directly or indirectly owns and operates a business enterprise in New Hampshire that satisfies the criteria in subparagraph IV(a) is an employer.
V. (a) " Employment loss " means:
(1) An employment termination, other than a discharge for cause, voluntary departure, or retirement;
(2) A layoff exceeding 6 months; or
(3) A reduction in hours of work of more than 50 percent during each month of any 6-month period.
(b) "Employment loss" shall not mean a plant closing or layoff that is the result of the relocation or consolidation of part or all of the employer's business if, before the closing or layoff, the employer offers to transfer the employee to a different site of employment within a reasonable commuting distance with no more than a 6-month break in employment, or the employer offers to transfer the employee to any other site of employment, regardless of distance, with no more than a 6-month break in employment, and the employee accepts within 30 days of the offer, closing, or layoff, whichever is later.
VI. " Mass layoff " means a reduction in force which:
(a) Is not the result of a plant closing; and
(b) Results in an employment loss at a single site of employment in New Hampshire during any 30-day period for at least 250 employees, excluding any part-time or seasonal employees, or at least 25 employees, excluding any part-time or seasonal employees, if they constitute 33 percent of the full-time employees of the employer.
VII. " Part-time employee " means an employee who is employed for an average of fewer that 20 hours per week or who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required.
VIII. " Plant closing " means the permanent or temporary shutdown of a single site of employment in New Hampshire, or one or more facilities or operating units within a single site of employment in New Hampshire, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees, excluding any part-time employees.
IX. " Representative " means an exclusive representative of employees within the meaning of 29 U.S.C. section 159(a).
X. " Seasonal employee " means an employee who has been employed for fewer than 6 of the 12 months preceding the date on which notice is required, or an employee hired with the understanding that his or her employment was limited to the duration of a particular project or undertaking.
Source. 2009, 325:1, eff. Jan. 1, 2010. 2011, 146:1, eff. Jan. 1, 2012.
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