New Hampshire stats show how costly wage and hour violations can be

With 2021 in the rearview mirror, it’s time for New Hampshire employers to learn from the most common wage and hour mistakes of the past so they can prevent such trouble now. The second year of the COVID-19 pandemic featured violations involving timekeeping for remote workers, meal breaks, short breaks, reporting pay, payout of paid time off (PTO) and vacation time, salary proration, and workplace safety issues.

While employers of all sizes and types were recalibrating to adjust to novel workplace issues spurred by the pandemic, inspectors from the New Hampshire Department of Labor (NHDOL) as well as the U.S. Department of Labor (DOL) were conducting workplace inspections. The stakes for noncompliance with state and federal wage and hour laws are high, so employers must pay attention to avoid expensive civil penalties and wage adjustment orders.

This article focuses on violations under state wage laws, but it’s worth noting that federal investigators also have been busy with workplace audits in New Hampshire.

Wage claims/hearings

In fiscal year (FY) 2021 (July 1, 2020-June 30, 2021), 473 wage claims were filed with the NHDOL by individuals against their employers. Although that’s nearly a 50 percent drop from the previous year, many of the claims proceeded to administrative hearings, which were virtual or telephonic in 2021 because of COVID-19.

If rulings in the hearings go in the claimant’s favor, the back-pay awards can be significant, and there’s the potential for double damages if the employer is found to have willfully refused to pay wages due.