NHLRA Member Q&A

Member Q&A

By Samantha Poole

CAN HOTELS CHARGE A CLEANING FEE FOR SERVICE ANIMALS? No. Hotels are not permitted to charge guests for cleaning the hair or dander shed by a service animal. However, if a guest’ s service animal causes damages to a guest room, a hotel is permitted to charge the same fee for damages as charged to other guests.

CAN I RECORD AUDIO CONVERSATIONS IN THE BREAKROOM? Not without prior consent. New Hampshire state law stipulates that it is a twoparty consent state, meaning that in New Hampshire it is a criminal offense to use any device to record communications, whether they ' re wire, oral, or electronic, without the consent of everyone taking part in the conversation. Recording conversations, regardless of whether it is within your organization or via telephone, is illegal and in many cases a felony offense.

Link: 570-A:2 Interception and Disclosure of Telecommunication or Oral Communications Prohibited

WHAT IS THE NH PAID FAMILY & MEDICAL LEAVE (NH PFML) INSURANCE PLAN? NH PFML is a state-sponsored voluntary plan where NH employers and eligible NH workers can purchase PFML Insurance providing 60% wage replacement, up to the Social Security wage cap, for up to six weeks per year for absences from work for covered common life events.

Link: NH Paid Family & Medical Leave

WHAT IS A SAFETY SUMMARY? A Safety Summary form only needs to be filled out and submitted to the DOL once. Although they do state that the safety policy must be reviewed every two years. All private employers who have 15 or more employees are required to furnish a Safety Summary to the DOL as well as have a Safety Committee/Joint Loss Committee.

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ARE THEIR LAWS REGARDING HOW MUCH TIME CAN BE SPENT DOING SIDE WORK? Yes. US Department of Labor ’ s “Final Dual Jobs Rule '' sets limits on the amount of time an employer can take a tip credit when a tipped worker isn 't doing tipproducing work. The change states that an employer may take a tip credit, which allows the employer to pay a tipped employee below federal or state minimum wage, only when an employee is performing work that is part of a tipped occupation. Specifically, this final rule means:

Tipped employees can only perform work that directly supports tipproducing work for less than 20 percent of the hours worked during the employee ’ s workweek. Any of the time that exceeds 20 percent of the workweek must be paid at minimum wage or above AND

A tipped employee can only perform directly supporting work for no more than 30 minutes. This means that the employer cannot take a tip credit for any of the time that exceeds 30 minutes per shift

Link: U.S. DOL Press Release on New Rule

CAN EMPLOYEES BE DISCHARGED FOR DISCLOSING OR DISCUSSING WAGE BETWEEN EMPLOYEES? No employer can discharge or in any manner discriminate against any employee because they inquired about, discussed, or disclosed their wages. Employees may also disclose the wage of another employee if the employee has access to the wage information as a part of such employee ' s essential job function and is disclosing to another employee who does not otherwise have access to such information. There is an exception if this disclosure is in response to a complaint, investigation, or hearing, including an investigation conducted by the employer.

CAN GIFT CARDS EXPIRE? Any gift certificate under $250 cannot expire. If a customer comes in with a $25 gift card they had stashed from a decade ago, unless they are covered by the exclusions below, they have to be honored. Gift certificates over $250 can expire if the certificate goes unused for more than five years. In this situation, the business is required to turn that money over to the State as " abandoned property. " There are some exclusions. This law does not apply to season passes or non-refundable coupons. It also excludes gift cards that were given by a business for promotional purposes or did not require payment to receive.

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WHAT IS THE ELIGIBILITY FOR THE LOCAL RESTAURANT INFRASTRUCTURE INVESTMENT PROGRAM? This program is open to New Hampshire-based restaurants and is intended to aid primarily full-service, eat-in, non-franchise small restaurants. To be eligible, an applicant must meet the following criteria:

Have been operating prior to March 20, 2020;

Be actively paying Meals & Rooms taxes to the State as a food service establishment;

Have annual gross receipts, including all affiliates, at or below $20,000,000, in tax year 2021 or not exceed annual gross receipts per New Hampshire location of $5,000,000;

Be submitting expenses for only New Hampshire locations; and

Not be a national chain (locations in three or more states), a national franchise (locations in three or more states), delivery or take out only, or primarily catering.