Chapter 275-A: Citizens Job Protection

A person, partnership, firm, or corporation, or officer or agent thereof, involved in a strike or lock-out, shall not knowingly employ in the place of an employee involved in a strike or lock-out, any person who customarily and repeatedly offers himself for employment in the place of employees involved in a labor strike, lock-out, or labor dispute.

A person who customarily and repeatedly offers himself for employment in the place of employees involved in a strike, lock-out, or labor dispute shall not take or offer to take the place in employment of employees involved in a strike, lock-out, or labor dispute.

An employer shall not hire for work in a plant currently involved in a strike, lock-out, or labor dispute an employee who, to the employer's knowledge, is unaware of the existence of the strike, lock-out, or labor dispute. An employment agency shall not refer persons to employment in a plant currently involved in a strike, lock-out, or labor dispute without adequate notice to such persons that there is a strike, lock-out, or labor dispute in the plant at which the employment is offered.

A person shall not act as a picket for compensation in connection with any strike, lock-out, or labor dispute in any trade or industry unless he is normally and customarily employed in such trade or industry.

No employer may employ any employee without obtaining documentation showing the employee's eligibility to work in the United States. The employer shall maintain such documentation for the period required by federal law. Acceptable documentation of eligibility to work in the United States shall include documents required by federal law or supporting documentation that satisfies the requirement of federal law.

I. Any person whose social security number has been used by another for identification purposes shall have a civil cause of action against:

(a) The person who misused the number with fraudulent intent.

(b) Any individual who knowingly supplied or aided in obtaining false social security documentation.

(c) Any employer who knows the documentation is false.

II. Any employer who receives verification of the employee's eligibility to work from the Social Security Administration, E-Verify, or any other reputable organization providing a verification service shall be deemed to have exercised reasonable care and shall have an affirmative defense to the cause of action.

III. Damages awarded by the court shall be treble damages or $10,000, whichever is greater, plus reasonable attorney's fees and any costs incurred to correct the records of the aggrieved party.

Any person, partnership, agency, firm, or corporation violating any provision of RSA 275-A shall be subject to a civil penalty of up to $2,500 for each day of noncompliance, to be imposed by the labor commissioner in accordance with the procedures established in RSA 273:11-a. Any person aggrieved by the commissioner's assessment of such penalty may appeal in accordance with RSA 273:11-b.