Much of what had been proposed in the 2022 New Hampshire legislative session in the area of labor / benefits has fallen by the wayside.
Payroll
One positive development is SB 209 Relative to Electronic Wage Payments. As amended by the Senate, the bill makes several changes to the way New Hampshire employers are allowed to pay employees. First, it would eliminate the need for employee consent to make employee wage payments by direct deposit. It also puts in place provisional requirements on the employer in the case where a payroll card does not work due to a technical problem, in which case the employer would be required to immediately provide a replacement payroll card, a check, a direct deposit, or cash. The bill would also allow payment by payroll card if the employee has not furnished bank information for direct deposit, and allows the employee the option to move to direct deposit at any time. The current statute requires written authorization by the employee for the employer to pay by direct deposit. Current statute also requires the employer offer payment via check “on a financial institution convenient to the place of employment where suitable arrangements are made for the cashing of such checks by employees for the full amount of the wages due.” That requirement would also be struck under SB 209 as written.
Gas Tax
On Wednesday, April 6th the N.H. Senate Ways & Means Committee will conduct a public hearing on an amendment that, among other things, would suspend the state’s gas tax from May 1st through June 30, 2022. The amendment’s “findings” section includes a statement that the proposal is “…due to inaction in Washington, D.C.,” on the doubling of the price of gasoline. The amendment would allot $20 million from the surplus in the state’s “general fund” to the state’s “highway fund” to make up for the lost gas tax revenue.
Workforce Housing
The Senate has passed SB 400 which, in part creates incentives for workforce / affordable housing development. Sen. Jeb Bradley of Wolfeboro, in sponsoring this provision, noted the long-term threat to NH’s economy that the lack of a diversified housing stock creates and this proposal aims to help increase the supply of affordable housing. He said he believes SB 400 creates a partnership between the state and communities with a predictable process and lays the groundwork for communities. Among the provisions are a requirement that any incentives for senior housing must be provided to workforce housing, and if there is inclusionary zoning then affordability criteria needs to be established. There are provisions that affect planning board review and other processes within the towns, and the proposal includes a section on TIF financing. Sen. Bradley said “This bill does not seek to take over a towns zoning, it seeks to create a partnership that will enable the development of more affordable housing. The legislature will conclude the vast majority of its committee work in April, and plans to be fully done before Memorial Day.