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Committee approves measure to exempt remote workers from two-hour reporting minimum
Summary
Senate Bill 171 would clarify that the two-hour minimum pay for workers called in to report to work does not apply to employees working remotely from their homes. Supporters said the change would modernize an old rule and avoid penalizing employers for brief remote activity; opponents warned the two-hour rule protects workers who incur travel or
Senate Bill 171 would add language excluding employees who are working remotely from the state—s two-hour minimum reporting-time requirement. Under current RSA 275:43 employers generally must pay a minimum of two hours of wages when an employee reports to work at the employer's request but is dismissed, or is assigned less than two hours of work. The bill's proposed change would not remove employers' obligation to pay for time actually worked; it would exempt remote workers whose work begins and ends at their domicile.
Supporters, including employers and HR consultants, said the law was drafted before telework was common and has produced unfair results in the post-COVID era. Allison Milano of Blue Lion, an HR consultancy, told the committee that remote workers who log in briefly to answer messages should not trigger two-hour minimums: "If an employee wants to log on on a Sunday to get organized for Monday, checking emails and prioritizing their week for 30 minutes, the employer should not be held accountable for paying them for 2 hours."
Opponents and some committee members cautioned against repealing the statutory protection. They said the two-hour minimum protects employees who make commuting arrangements or incur childcare and related costs when they are asked to report. Representative McKenzie recounted the law—s original intent and warned that removing the protection outright could disadvantage workers who must travel or make arrangements to report in person.
Department of Labor General Counsel John Gerigan told the committee the department is neutral on the bill and suggested clarifying the definition of remote work or domicile so enforcement will be consistent. He noted administrative rules (Labor 803) address scheduling exceptions and that the department—s enforcement is complaint driven; he recommended precise statutory language to avoid blurred cases such as workers who perform duties at client sites or off-site customer locations.
Committee action: At executive session the committee voted to report Senate Bill 171 "Ought to Pass with Amendment"; the committee adopted an amendment that would repeal RSA 275:43 (the two-hour minimum) in its entirety, effectively removing a statewide statutory two-hour reporting guarantee and treating remote work periods as compensable time only for time actually worked. The committee vote on the amended recommendation was 11-8.
