New Hampshire Labor Laws

In the US, the Fair Labor Standards Act (FLSA) sets hourly wage rates and overtime pay, and requires employers to keep an accurate record of their employees’ working hours. Time management laws in New Hampshire mainly adhere to the FLSA.

Overtime is pegged at 1.5 times the regular hourly rate for workers who exceed 40 hours a week. However, certain employees can be exempt from receiving overtime pay.

Employers who contravene these time management laws face severe legal ramifications, including fines, back pay, and damages. If workers feel that their employer has violated federal time management laws, they can file complaints with the Department of Labor’s Wage and Hour Division for investigation and legal action.

In New Hampshire, federal law prohibits employers from discriminating against employees based on factors such as:

Employers in New Hampshire have the right to terminate an employee’s contract of employment for any valid reason without facing legal consequences, due to the “employment-at-will” arrangement that many US states have. 

However, there are exceptions to the rule, such as firing an employee in violation of labor laws and required leaves of absence or violating company policies approved by the commissioner. The only time employers have to notify the New Hampshire Department of Employment Security is when more than 25 employees are fired simultaneously. 

Any unpaid wages in New Hampshire must be fully paid within 72 hours (three days) of an employee being terminated by their employer. However, if the employee resigns, their wages must be paid in full on the next payday. If the wages are not paid by the next payday, the employer will be fined an additional 10% of the total wages for the days that follow the termination (excluding Sundays and non-working holidays).

 Some important labor laws that affect employment in New Hampshire include:

• Health Insurance Continuation Laws:  According to the Consolidated Omnibus Budget Reconciliation Act (COBRA), employees who experience job loss can still receive their group health benefits for up to 18 to 36 months after termination, whether it was voluntary or involuntary. COBRA applies to businesses with 20 or more employees. For smaller employers, New Hampshire offers a mini-COBRAs that cover healthcare costs. 
• Workplace Safety Laws: In New Hampshire, the federal Occupational Safety and Health Administration (OSHA) is responsible for safety measures in the public sector. OSHA protects employees who work in hazardous environments, covering various hazards such as biological, chemical, physical, ergonomic, safety, and work organization. OSHA conducts regular inspections to ensure that all workplaces are safe, and employers and employees comply with health standards.
• Whistleblower Protection Laws: In New Hampshire, the Department of Labor guarantees protection to employees who report workplace violations under the Whistleblower Protection Act. The law prohibits employers from harassing or intimidating employees who decide to “blow the whistle.” Additionally, an employee cannot be fired for refusing to participate in illegal activities or breaking federal and state laws. The law also protects employees who report workplace violations or participate in an open investigation.
• Social Media Laws: When assessing their employees in New Hampshire, employers cannot ask for personal information related to social media accounts. Specifically, this includes usernames, passwords, and authentication information.
• Recordkeeping Laws: As per the FLSA, employers are required to maintain employee payroll records for at least three years. These records must include the employee’s name, social security number, address, birthdate (if younger than 19), sex, occupation, workweek details — including daily/weekly work hours and weekly work schedules — hourly wage, total earnings, deductions, and pay period date.

The current minimum wage in New Hampshire is set at $7.25 per hour, which aligns with the federal minimum wage requirements. 

Employees who earn more than $30 monthly in tips are considered tipped employees in the state. Tipped employees in New Hampshire are entitled to at least $3.27 per hour. Employers can retain a tip credit of $3.98. 

However, if a tipped employee’s wage, combined with tips, does not equal the state minimum wage i.e. $7.25, the employer is required to make up the difference. 

In New Hampshire, some employees covered by the FLSA are not entitled to minimum wage. These include: 

• Executive, professional and administrative workers earning at least $684 per week
• Full-time students
• Student learners
• Tipped employees
• Apprentices
• Employees with disabilities

Additionally, state law exempts the following types of employees from minimum wage provisions:

• Household labor
• Farm Labor
• Outside sales representatives
• Employees working in summer camps for minors
• Newspaper carriers
• Non-professional ski patrol
• Golf caddies

Employee wages are paid at the discretion of employers in New Hampshire. Employees may be paid weekly, bi-weekly, or monthly. 

However, if they do choose to pay their employees weekly, they must do so within 8 days after the workweek has ended. If they prefer to pay them bi-weekly, then they must pay them within 15 days after the expiration of the two workweeks. 

It is important to note that payments must always be made using lawful US currency and can be sent through electronic fund transfers, payroll cards, checks, and direct deposits.

Non-exempt employees who work over 40 hours per week are entitled to receive overtime pay as per New Hampshire overtime laws. This pay is calculated at 1.5 times the employee’s regular hourly wage. 

For employees earning minimum wage in New Hampshire, this amounts to $10.88 per hour.

Certain employees covered by the FLSA are not entitled to overtime pay, even if they work more than 40 hours in a week. This includes: 

• Executive, professional and administrative employees who make a minimum of $684 per week or $35,568 on an annual basis 
• Outside sales employees
• Highly compensated employees who make more than $107,432 a year.
• Household, domestic, and farm labor
• Newspaper delivery
• Summer camps
• Golf and ski track maintenance

Learn more about New Hampshire overtime laws.

In New Hampshire, all employees must be provided a 30-minute meal break after working continuously for five hours. If a worker is underage, employers may choose to offer longer break periods, but this is at their discretion. There are no rest break laws in New Hampshire. 

Federal law mandates that women be allowed reasonable breaks in a designated area for expressing milk. Nonetheless, employers with 50 or fewer employees may seek exemptions if multiple breaks create burdensome conditions.

Learn more about New Hampshire break laws.

New Hampshire labor law provides employees working in the state with the following leave entitlements:

• Family and Medical Leave: Employees in New Hampshire may take up to 12 weeks of unpaid leave within a year for various reasons, such as caring for a sick family member, taking maternity/paternity leave, being unable to work due to illness, or managing household duties while a family member is on military duty. To be eligible for FMLA benefits, employees must have worked for their employer for at least a year, logged at least 1,250 work hours, and worked at a location with a minimum of 50 employees within 75 miles.
• Jury Duty Leave: Employers in New Hampshire are mandated to offer leave — unpaid or paid — to employees who have to attend jury duty or jury selection. Should an employee require validation of their attendance based on the time spent on duty, a jury summons may be requested.
• Emergency Response Leave: In the state of New Hampshire, employers are required to grant a leave of absence to employees who find themselves in a “first responder” situation. This policy is governed by the Office of Homeland Security and Emergency Preparedness and typically applies to medical personnel and technicians, firefighters, and law enforcement officers.
• Pregnancy and Disability Leave: In New Hampshire, employers are required by law to grant leave to employees who are unable to work due to pregnancy, childbirth, caring for a newborn, or related medical conditions. The employee’s fitness to return to work will be evaluated by a professional and once deemed fit, will be reinstated to their previous position.

The following is a list of official holidays that will be observed in New Hampshire for the year 2025:

Minors in New Hampshire cannot be employed in jobs that pose a physical, emotional, or moral danger including:

• Handling explosives
• Driving vehicles
• Performing mining or logging work
• Operating machinery like those in woodworking, metalworking, or processing, making bricks or tiles
• Doing dangerous construction work like demolition or wrecking
• Working on rooftops or excavation sites