§ 167:91-a — Infringement on Rights of Other Employees Prohibited

I. The work experience and community service program shall not permit individuals in the employment program to participate in any way contrary to federal law under section 407(f) of the Social Security Act.
II. No participant in the work experience and community service program shall be required to work for more hours than would be needed to produce an equivalent compensation if the participant were paid at the federal minimum wage level, unless a greater number of hours is necessary for the participant to meet federal work participation requirements.
III. Participants in the work experience and community service program shall receive the protections regarding sexual harassment and work conditions, not related to compensation and benefits, which are available to regular employees in that workplace such as safe environment, non-discrimination, and adequate rest and meal periods.
IV. Participants in the work experience and community service program administered by the state shall be considered employees of both the state and the sponsor for workers' compensation purposes only, and any claims for workers' compensation thereunder shall be charged to the temporary assistance to needy families program. The state and the sponsor shall both be entitled to the exclusivity of remedy provisions of RSA 281-A:8. For purposes other than workers' compensation, the state shall not be vicariously liable for the actions or omissions of the sponsor and the sponsor shall not be vicariously liable for the actions or omissions of the state. Nothing in this section shall prohibit any direct contractual liability between the state and the sponsor.

Legislative History

1997, 279:2. 1998, 379:2. 2006, 325:17, eff. Oct. 1, 2006.