NHLRA's Weblog

Identity Security Breach

The Senate Judiciary Committee is considering legislation to address instances of identity theft.  As it pertains to our industry, an amendment presented to the Committee yesterday would require any business that maintains computerized data that includes personal information to notify and cooperate with the owner or licensee of the information of any breach of the security of the data immediately following discovery of a breach.  The bill is HB 1660.

Undocumented Immigrant Workers

The Senate passed a bill that seeks imposes stricter mandates on all employers and stricter penalties on those employers who hire illegal immigrants. 

SB 407 passed the Senate on a party line vote of 16-8.  It requires all employers to file a statement with the Labor Department declaring whether or not aliens are employed and to retain documentation to demonstrate compliance with existing employee protection laws.  The bill also makes employers responsible for compliance with the new law by contractors and subcontractors with respect to persons employed directly or indirectly on premises that they own, manage or control.  With respect to enforcement, SB 407 allows surprise inspections of businesses by state officials and authorizes penalties of up to $2,500 per day for employers who have hired illegal immigrants.  SB 407 may face a tougher challenge in the House, which has passed a bill to create a study committee on immigration issues but killed several bills with specific proposals to address the problem.  For example, the House killed a bill that would have required employers to review and verify the validity of employee documentation, to pay medical costs and the cost of transportation to the country of origin for an illegal immigrant employed and then injured on the job, and to pay civil penalties of $500 to $5,000 for violations of the law related to employment of immigrants.  The House also killed two bills that would have prohibited employers and social service agencies from providing services to illegal immigrants, one of which would have imposed criminal penalties for such support.

Association Health Plans

Good news on the federal level came this week.  The Senate Health, Education, Labor and Pensions Committee approved Small Business Health Plan (SBHP) legislation (formerly known as Association Health Plans) by a party-line vote of 11-9!   New Hampshire Senator Judd Gregg was one of the 11 supporters. The successful vote was the first Senate vote ever to occur in the challenging 12-year history of the issue.   This victory is a direct result of years of hard work and dedication from the industry and our grassroots.   Our allies in the Senate have confirmed for us the great advocacy job our industry played in this victory.  Although we still have some work ahead of us, we’re very pleased with the progress being made as we try to develop more affordable health care options for employers and their employees.  It is unclear when SBHP legislation will receive consideration by the full Senate, but we are optimistic for a vote in the near future.    Similar legislation has already passed the House.

Minimum Pay For Employees Called Into Work

Tuesday, March 21, the House will vote on HB 1138, which would increase from 2 hours to 3 hours the minimum time an employee called into work must be paid.  A closely divided House Labor Committee has voted 8-7 to recommend passage.  Proponents claim increased costs of travel to and from work warrant the 1 hour increase in minimum pay.  This will be a hotly debated bill. 

Certification of Food Protection Managers

The Senate Executive Departments & Administration Committee has voted to recommend killing SB 235, which would require food service licensees to assign at least one full-time employee to be certified in food protection management.  The full Senate is scheduled to vote on the bill this Wednesday, March 22.  This issue has come up over the past several legislative sessions and has consistently been rejected.  Legislators have expressed a hesitancy to mandate certification.

Mandatory Tip Charges

On a voice vote the House killed HB 1564, which would have prohibited mandatory tip charges for parties of fewer than 8 people.  NHLRA opposed the bill as unnecessary government regulation that would have hurt the tipped employees, not the business owner.