Representative Abelani proposes bill to exempt remote workers from 2-hour pay requirement

During a recent meeting of the New Hampshire House Labor, Industrial and Rehabilitative Services Committee, lawmakers discussed Senate Bill 171, which aims to clarify payment requirements for remote workers. The bill proposes to exempt employees who work remotely from the existing two-hour minimum pay rule when they perform brief tasks, such as checking emails or completing minor assignments outside their scheduled hours.

Representative Veil Abelani introduced the bill, emphasizing the need for clarity in the law to alleviate confusion for employers. Testimony from business owners highlighted the challenges posed by the current interpretation of the law, which has led to inconsistent enforcement and undue financial burdens on employers. Many expressed that the two-hour minimum pay requirement, originally designed to compensate for travel time, is outdated in the context of remote work, where employees do not commute to a physical workplace.

Supporters of the bill argue that it reflects modern work practices, where remote employees often engage in short tasks without the expectation of being compensated for two hours. They contend that this change would prevent financial strain on businesses while still ensuring that employees are paid for the actual time worked.

The discussion also touched on the complexities of tracking remote work hours and the potential for misunderstandings regarding when employees are considered "on the clock." Some committee members raised concerns about the implications of the bill, questioning whether it might lead to further complications in labor law enforcement.

The Department of Labor's general counsel, John Gerigan, provided insights into the current enforcement of the law, noting that it is complaint-driven rather than based on random audits. He acknowledged the need for clearer definitions regarding remote work and employer expectations to avoid ambiguity in future interpretations.

As the committee continues to deliberate on Senate Bill 171, the outcome could significantly impact how remote work is regulated in New Hampshire, balancing the needs of employers with the rights of employees in an evolving work landscape. The committee is expected to further refine the bill to address concerns raised during the meeting before moving forward.