The term "employee" as it applies to RSA 275:42, II and RSA 279:1, X shall not apply to the following:

1. (a) Bonafide volunteers:

   1. (1) When such volunteers are performing work for public, charitable, or religious facilities and where such volunteer duties do not necessarily or traditionally lead to paid employment; or
   2. (2) When such activities are exempt under 29 CFR 553:100-106, WH Publication 1297 "Employment Relationship” of the Fair Labor Standards Act;
2. (b) Inmates of a county or state correctional facility under RSA 651 who are required to work and perform services for which no significant remuneration is provided;
3. (c) An individual performing community service work under a court order or the provisions of a court diversion program;
4. (d) An applicant for employment who is filling out paperwork, participating in pre-screening examinations or interviews;
5. (e) A student participating in a non-paid work based activity approved by the New Hampshire department of labor in accordance with Lab 805;
6. (f) An operator of a booth located within a salon or barbershop who operates independently of the salon or barbershop and who possesses a shop license as required by RSA 313-A: 17; and
7. (g) Elected public officials, of counties or municipalities.

Source. #5491, eff 10-20-92, EXPIRED: 10-20-98 New. #7007, eff 5-26-99; ss by #8879, INTERIM, eff 5-18-07, EXPIRES: 11-14-07; ss by #9024, eff 11-9-07 (from Lab 803.06); ss by #11070, eff 4-11-16; ss by #13000, eff 3-5-20