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New Hampshire · Through 2026 regular legislative session. Last updated: September 2026

RSA 283-A:3: Preservation of Worker Classification.

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Where this section sits in the code
  1. Title XXIII: LABOR
  2. Chapter 283-A: VOLUNTARY PORTABLE BENEFIT PLANS

I. The following actions shall be excluded from consideration when determining a worker's legal status as either an employee or an independent contractor under RSA 275, RSA 282-A, or any other state labor, tax, or benefits statute:

(a) The offer of, or contribution to, a portable benefit account by a hiring party;

(b) An independent contractor's participation in or control over such a plan or account; and

(c) The administrative act of withholding and remitting contractor funds as authorized under RSA 283-A:2, I

II. A hiring party, worker, or third party may make voluntary contributions to a portable benefit account on behalf of an independent contractor.

III. The provision of voluntary contributions by a hiring party shall not, in and of itself, establish an employer-employee relationship, nor shall it be construed as evidence of the hiring party's "control or direction" over the independent contractor.

Collected 2026-10-11T04:49:18Z. Source file · JSON

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