Employment Services Industry Licensing Guide
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New Hampshire Employment Agency

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Licensing requirements for New Hampshire employment, staffing and talent agencies.

This page provides an overview of employment services licensing in New Hampshire for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in New Hampshire must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

Company Licenses

New Hampshire Employment Services Company Licenses

Companies acting as employment agencies in New Hampshire must obtain the following licenses before offering employment services. Applications usually require proof of incorporation or a certificate of authority.

New Hampshire Employment Agency License

Not required



Employment Agency licensure is not required on the State level in New Hampshire.

New Hampshire Professional Employer Organization License

Agency:New Hampshire Department of Labor
Law:

NH Stat. § 277-B:6

Financial Requirements:

Applicants must maintain a minimum working capital of $100,000.

Bond Requirements:

Applicants that do not meet the working capital requirement must instead submit a surety bond, irrevocable letter of credit, or securities worth $100,000 plus an amount sufficient to cover the deficit in working capital.

Fact Checked:6/10/21

Initial Registration

Form:

Employee Leasing Initial Application

Agency Fee:

If domiciled in New Hampshire: $100 application fee + $500 license fee

If not domiciled in New Hampshire: $100 application fee + $500 or the amount required by the domiciliary state, whichever is greater

Notarize:Required
Required Attachments:
  • Criminal Record Release Authorization Forms for each individual in paragraph 2 of the application
  • A document signed by the parent company agreeing and guaranteeing the direct payment of benefits if the applicant fails or defaults in its obligation to do so. (Subsidiaries only)
  • A copy of the applicant’s workers’ compensation policy covering all leased employees of the applicant
  • A list of clients with their name, business address, FEIN, number of employees in NH and name of workers’ compensation carrier
  • Evidence satisfactory to the commissioner that any health insurance benefits covering leased employees are provided pursuant to provisions of RSA 277-B:11, II (Example: Letter stating where health insurance is provide and who the carrier is)
  • An audited financial statement prepared by an independent Certified Public Accountant in accordance with generally accepted account principles within twelve (12) months prior to the date of application which statement shall show a minimum working capital of $100,000 per RSA 277-B:6, I
  • A copy of the employee manual provided to the leased employee outlining the terms and conditions of employment with the leasing company per RSA 277-B:9, I(i)
  • Confirmation from home state, if other than NH, that the leasing company is in good standing
  • A copy of the applicant’s license issued by its State of domicile or a letter stating the state does not issue license, if the applicant is not a NH resident or domiciliary
  • A letter signed by the principle on the application certifying that the applicant does not conduct a temporary help service through the same entity as the applicant’s employee leasing company
  • Letter of Good Standing from the NH Department of Employment Security
  • Letter of Good Standing from the NH Department of Revenue regarding Business Profit Tax
  • Any open or unpaid Civil Penalties or violations with Coverage Unit or Inspections
Fact Checked:6/10/21

Registration Renewal

Form:

Employee Leasing Renewal Application

Agency Fee:

If domiciled in New Hampshire: $100 application fee + $500 license fee

If not domiciled in New Hampshire: $100 application fee + $500 or the amount required by the domiciliary state, whichever is greater

Due:

Licenses expire annually on the date of issuance. Renewal applications must be filed at least 60 days prior to the expiration date.

Notarize:Required
Notes:

Licensees may elect a two-year renewal cycle after 5 or more years of being licensed in New Hampshire.

Required Attachments:
  • Criminal Record Release Authorization Forms for each individual in paragraph 2 of the application
  • A document signed by the parent company agreeing and guaranteeing the direct payment of benefits if the applicant fails or defaults in its obligation to do so. (Subsidiaries only)
  • A copy of the applicant’s workers’ compensation policy covering all leased employees of the applicant
  • A list of clients with their name, business address, FEIN, number of employees in NH and name of workers’ compensation carrier
  • Evidence satisfactory to the commissioner that any health insurance benefits covering leased employees are provided pursuant to provisions of RSA 277-B:11, II (Example:
  • Letter stating where health insurance is provide and who the carrier is)
  • An audited financial statement prepared by an independent Certified Public Accountant in accordance with generally accepted account principles within twelve (12) months prior to the date of application which statement shall show a minimum working capital of $100,000 per RSA 277-B:6, I
  • Quarterly Tax Certification from a Certified Public Accountant per RSA 277-B:6,III
  • A copy of the employee manual provided to the leased employee outlining the terms and conditions of employment with the leasing company per RSA 277-B:9, I(i)
  • Confirmation from home state, if other than NH, that the leasing company is in good standing
  • A copy of the applicant’s license issued by its State of domicile or a letter stating the state does not issue license, if the applicant is not a NH resident or domiciliary
  • A letter signed by the principle on the application certifying that the applicant does not conduct a temporary help service through the same entity as the applicant’s employee leasing company
  • Letter of Good Standing from the NH Department of Employment Security
  • Letter of Good Standing from the NH Department of Revenue regarding Business Profit Tax
  • Any open or unpaid Civil Penalties or violations with Coverage Unit or Inspections
Fact Checked:6/10/21

Financial Reporting
Financial Information Update

Agency Fee:

$0

Due:

Within 60 days after the end of each calendar quarter.

Law:

NH Stat. § 277-B:6

Notes:

Every quarter employee leasing companies must submit a certification by an independent certified public accountant that for such quarter all applicable federal and state payroll taxes have been paid on a timely basis.

Fact Checked:6/28/21

New Hampshire Talent Agency License

Not required



Talent Agency licensure is not required on the State level in New Hampshire.

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.

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