TITLE XXIII
LABOR

CHAPTER 283-A
VOLUNTARY PORTABLE BENEFIT PLANS

Section 283-A:3

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

Source. 2026, 220:2, eff. Aug. 31, 2026.