Compliance Watch:

What are my rights as a salaried employee in New Hampshire?

Salaried employment in New Hampshire is a job arrangement wherein dedicated employees receive a fixed, predictable salary instead of an hourly wage. This method of compensation gives employees financial remuneration on a weekly, bi-weekly, or monthly basis, irrespective of the hours expended in labor. In contrast to their hourly counterparts, these salaried professionals often hold roles characterized by elevated responsibility, decision-making, and a propensity for working beyond the standard workday, without the prospect of overtime remuneration.

Key Aspects of Salaried Employment in New Hampshire:

• Stable Compensation: Salaried employees enjoy the benefit of a consistent paycheck, which can provide financial security and predictability for their household expenses.
• Responsibility and Decision-Making: Salaried positions often entail higher levels of responsibility and decision-making authority within an organization, as employers rely on them to manage projects and teams effectively.
• Exempt from Overtime: Salaried employees are typically exempt from receiving overtime pay, even if they work more than 40 hours per week, due to the nature of their job roles.

Individuals in these roles must stay informed about the evolving labor landscape and seek expert guidance when necessary, ensuring their professional journey remains fulfilling and prosperous.

These are some of the general differences between salaried and hourly employees in New Hampshire, but it’s essential to note that specific employment conditions may vary based on individual circumstances and employer policies. To learn more about New Hampshire labor laws, you can access our guides on New Hampshire salaried employees laws and overtime laws.

Salaried employees in New Hampshire, much like their counterparts in other U.S. states, are afforded a range of essential rights and safeguards under both federal and state labor laws. These fundamental entitlements and protections include:

• Minimum Wage: Salaried workers have the right to earn at least the minimum wage set by state and federal laws. In New Hampshire, this typically involves adherence to the state minimum wage, although it must not dip below the federal minimum wage if it is higher. New Hampshire’s minimum wage stands at $7.25 per hour as of 2024.
• Overtime Pay: Eligibility for overtime pay is contingent upon whether salaried employees work more than 40 hours in a given workweek, subject to specific job roles, classification criteria, and salary thresholds as delineated by the Fair Labor Standards Act (FLSA).
• Anti-Discrimination Laws: Salaried employees enjoy protection against workplace discrimination based on various factors, including race, gender, age, religion, disability, and other attributes. These protections are granted by federal laws such as the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
• Family and Medical Leave: Qualified salaried employees may be entitled to unpaid leave for certain family and medical reasons following the federal Family and Medical Leave Act (FMLA), which provides job security and continuation of health benefits during approved leave.
• Severance Pay: Typically, salaried employees do not have an automatic right to severance pay unless this is expressly outlined in their employment contract or agreement. The provision of severance pay is generally the outcome of negotiations between the employee and the employer.
• Sick Leave and Vacation: Mandates for paid sick leave, paid vacation, and other forms of paid time off are not specified by federal or New Hampshire state law. Nevertheless, employers may opt to offer these benefits at their discretion or as part of employment contracts.
• Maternity/Paternity Leave: The rights and benefits associated with maternity and paternity leave can differ based on employer policies, employment agreements, and relevant state and federal laws. New Hampshire also provides certain protections against pregnancy-related discrimination.
• Workplace Safety: Salaried employees are entitled to a work environment that is secure and healthful. Employers are obligated to adhere to the regulations set forth by the federal Occupational Safety and Health Administration (OSHA) to ensure workplace safety.

Overtime pay for salaried employees in New Hampshire, as well as in the United States as a whole, is subject to specific rules and regulations defined by the Fair Labor Standards Act (FLSA). Under the FLSA, whether or not a salaried employee is eligible for overtime pay depends on their classification and job duties. Salaried employees can be classified as either exempt or non-exempt from overtime pay requirements:

• Exempt Salaried Employees: Exempt salaried employees are not entitled to overtime pay, regardless of the number of hours they work in a week. To be classified as exempt, an employee must meet certain criteria established by the FLSA. These criteria typically involve the nature of their job duties, a minimum salary threshold, and whether they are categorized as executive, administrative, professional, or other exempt roles.
• Non-Exempt Salaried Employees: Non-exempt salaried employees are eligible for overtime pay when they work more than 40 hours in a workweek. The overtime pay rate is typically at least 1.5 times their regular hourly rate. This rate is calculated based on their salary and the number of hours worked during the workweek.

It’s important to understand that the FLSA’s rules and regulations regarding exempt and non-exempt status can be complex, and they may change over time. Additionally, some states, including New Hampshire, may have labor laws that could impact the classification and overtime eligibility of salaried employees. It’s crucial for employers to accurately classify their employees and adhere to the applicable federal and state regulations.

No. Employers in New Hampshire cannot deduct any amount from a salaried employee’s wages unless it is mandated by federal or state laws. Here are some significant points to consider:

1. Salary Basis Test: To maintain an employee’s exempt (salaried) status under the Fair Labor Standards Act (FLSA), they must receive their full salary for any week in which they perform work, with specific exceptions. If an employer makes improper deductions that violate the “salary basis” test, it could put the employee’s exempt status at risk.
2. Permissible Deductions: Employers can make deductions from a salaried employee’s pay under specific circumstances without affecting their exempt status. These deductions are permissible when:
   • Deductions are made for full-day absences due to personal reasons other than illness or disability.
   • Deductions are made for full-day absences resulting from sickness or disability, provided the employer has a legitimate sick leave plan, policy, or practice in place.
   • Deductions are made for unpaid disciplinary suspensions under a written policy applicable to all employees.
   • Deductions are made for absences during the employee’s initial or final week of employment.
3. Notice and Policies: Employers should have clear, documented policies regarding deductions and ensure that employees are aware of when and why deductions may occur.
4. Legal Compliance: Employers must ensure that any deductions they make fully comply with federal and state labor laws. State-specific regulations in New Hampshire may also be relevant, so it’s crucial to be informed about any additional requirements under state law.
5. Contractual Agreements: Employment contracts or collective bargaining agreements may contain specific provisions related to wage deductions. Employers and employees should adhere to any such contractual agreements.
6. Restitution of Improper Deductions: If an employer makes improper deductions from a salaried employee’s pay, the employer should correct the situation and reimburse any wrongfully deducted wages.

Yes. Salaried employees in New Hampshire are eligible for breaks and leaves, but the specific entitlements and conditions can vary depending on factors such as state law, federal law, and employer policies. Here are equal points regarding breaks and leaves for salaried employees:

Breaks:

• Meal Breaks: Salaried employees may be entitled to meal breaks during their workday, which typically last at least 30 minutes for every 5 consecutive hours of working. These breaks are typically unpaid. The availability of meal breaks is often determined by state law and employer policies.
• Rest Breaks: Rest breaks, also known as short breaks, are typically shorter, paid breaks during the workday. These breaks are less common but may be provided at the discretion of the employer or based on collective bargaining agreements.
• Federal Regulations: Federal labor laws, such as the Fair Labor Standards Act (FLSA), do not mandate specific breaks for employees. However, if employers choose to provide breaks, they must comply with applicable laws and regulations.

Leaves:

• Family and Medical Leave: Eligible salaried employees may have access to unpaid leave under the federal Family and Medical Leave Act (FMLA). FMLA provides job protection and allows for up to 12 weeks of unpaid leave per year for qualifying family and medical reasons.
• Sick Leave: New Hampshire state law does not mandate paid sick leave for employees. However, some employers may offer paid sick leave as part of their benefits package or in compliance with local ordinances.
• Vacation Leave: The availability of paid vacation leave is typically determined by employer policies and employment contracts. New Hampshire labor law does not require employers to offer paid vacation.
• Maternity/Paternity Leave: Maternity and paternity leave rights and benefits can vary based on employer policies, employment contracts, and any applicable state or federal laws. Employers may provide paid or unpaid leave for these purposes.
• Domestic Violence Leave: New Hampshire has specific provisions for domestic violence leave, which allow eligible employees to take up to 12 days of leave in 12 months for certain reasons related to domestic violence.

Salaried employees in New Hampshire can request flexible work arrangements, but whether their requests are granted depends on various factors, including employer policies, the nature of the job, and the specific terms of the employment agreement. Here are some key points to consider regarding flexible work arrangements for salaried employees:

• Employer Policies: Employers often have policies in place that govern flexible work arrangements. These policies may outline procedures for employees to request alternative work schedules or arrangements, such as telecommuting or flexible hours.
• Negotiation and Agreement: Salaried employees can negotiate with their employers to establish flexible work arrangements, such as part-time schedules, compressed workweeks, or remote work options. The terms of these arrangements should be mutually agreed upon by the employee and the employer.
• Job Role and Responsibilities: The feasibility of flexible work arrangements may depend on the nature of the employee’s job. Some roles may require a physical presence in the workplace, while others may be more adaptable to remote work or flexible hours.
• Legal Protections: In general, there are no specific New Hampshire state laws that mandate flexible work arrangements. However, employees may be protected by federal laws, such as the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), which can require employers to provide reasonable accommodations or job-protected leave.
• Employment Contracts: The terms of an employment contract or collective bargaining agreement may specify the conditions under which flexible work arrangements can be established or modified. Employees should review their contracts to understand their rights and obligations.
• Consideration of Business Needs: Employers may consider the impact of flexible work arrangements on their business operations. They have the right to assess whether such arrangements are feasible and sustainable without compromising productivity or customer service.
• Communication and Formal Requests: Salaried employees who wish to request flexible work arrangements should communicate their needs to their employers. It’s often advisable to make formal requests in writing, outlining the proposed arrangement and how it will benefit both the employee and the employer.

Salaried employees in New Hampshire should be proactive in discussing flexible work arrangements with their employers and ensuring they follow any established procedures for making such requests.

Exempt status in New Hampshire, like in the rest of the United States, is a classification that determines whether an employee is exempt from certain provisions of labor laws, particularly those related to minimum wage and overtime pay. Exempt employees are typically not eligible for overtime pay and are often salaried, whereas non-exempt employees are eligible for overtime pay and are usually paid on an hourly basis. Here’s a more detailed explanation of exempt status and its implications:

• Definition of Exempt Status: Exempt status is primarily defined by the Fair Labor Standards Act (FLSA), a federal law that sets standards for minimum wage, overtime pay, and other labor regulations. Under the FLSA, an employee’s exempt status is determined by meeting specific criteria related to their job duties, salary level, and salary basis.

1. 1. Executive Exemptions: These employees typically have managerial roles and are responsible for supervising other employees. They must have the authority to make hiring and firing decisions, and they generally spend the majority of their time on managerial tasks.
   2. Administrative Exemptions: Administrative exempt employees are often involved in office or non-manual work that is directly related to the management or general business operations of the employer. Their work must involve discretion and independent judgment.
   3. Professional Exemptions: These employees are usually engaged in work that requires advanced knowledge, often in fields like law, medicine, engineering, or education. The work must be predominantly intellectual and require specialized education and training.

• Implications of Exempt Status: The implications of being classified as an exempt employee in New Hampshire and the United States include:

1. 1. Overtime Pay Exemption: Exempt employees are not entitled to receive overtime pay for hours worked beyond 40 in a workweek. This is one of the most significant implications of exempt status.
   2. Salaried Pay: Exempt employees are typically paid a fixed salary regardless of the number of hours worked. Non-exempt employees, on the other hand, are often paid on an hourly basis.
   3. Minimum Wage: Exempt employees are still entitled to receive at least the minimum wage, but there is no requirement for employers to pay them overtime for extra hours worked.

Please note that this table provides a general overview of the differences between exempt and nonexempt employees in New Hampshire. Specific details may vary depending on individual employment contracts, industry standards, and changes in labor laws. It’s crucial to stay informed about the latest regulations to ensure compliance.

Determining whether you are classified as an exempt or non-exempt employee in New Hampshire, or anywhere in the United States, is a critical step in understanding your employment rights and benefits. The classification is primarily based on federal labor laws, such as the Fair Labor Standards Act (FLSA). To determine your status, you should consider the following factors: To determine your status, you should consider the following factors:

• Job Duties:

1. 1. Exempt Employees: Exempt employees typically have job duties that fall into one of the FLSA’s exempt categories, including executive, administrative, professional, outside sales, or computer-related positions. To be exempt, your primary job duties must meet specific criteria outlined in the law.
   2. Non-Exempt Employees: Non-exempt employees generally perform job duties that are not specifically exempted under the FLSA. This can include tasks that do not fall under the exempt categories or are primarily manual or routine.

• Salary Basis:

1. 1. Exempt Employees: Exempt employees are typically paid on a salary basis, which means they receive a fixed salary regardless of the number of hours worked. The salary must meet or exceed the minimum salary threshold set by the FLSA (and possibly state laws).
   2. Non-Exempt Employees: Non-exempt employees are typically paid on an hourly basis and receive compensation based on the number of hours they work.

• Salary Level:

1. 1. Exempt Employees: Exempt employees must earn a salary that meets or exceeds the minimum salary threshold set by federal and state law. This threshold can change over time based on government regulations.
   2. Non-Exempt Employees: There is no specific salary level requirement for non-exempt employees under the FLSA.

• Overtime Eligibility:

1. 1. Exempt Employees: Exempt employees are not eligible for overtime pay, even if they work more than 40 hours in a workweek. They are expected to fulfill their job duties regardless of the hours worked.
   2. Non-Exempt Employees: Non-exempt employees are entitled to overtime pay at a rate of at least 1.5 times their regular hourly rate for hours worked beyond 40 in a workweek.

Determining whether you are exempt or non-exempt is crucial because it affects your eligibility for overtime pay, meal and rest breaks, and other employment benefits. 

In New Hampshire, minimum wage requirements are primarily governed by federal law, specifically the Fair Labor Standards Act (FLSA). The FLSA sets the minimum wage and establishes the criteria for exempt and nonexempt employees, including salaried workers. The federal minimum wage is $7.25 per hour. It’s important to note that the FLSA does not set a specific minimum salary for exempt salaried employees. Instead, it focuses on the job duties and responsibilities associated with the position. The FLSA criteria for exempt (salaried) employees include:

• The employee must be paid on a salary basis.
• The employee’s salary must meet or exceed the minimum salary threshold, if applicable.

In New Hampshire, if the state minimum wage is higher than the federal minimum wage, the state minimum wage prevails. However, if the federal minimum wage is higher, it applies. Please be aware that minimum wage laws may change, and state laws can differ from federal laws.

Overtime compensation for salaried employees in New Hampshire is governed by federal labor laws, primarily the Fair Labor Standards Act (FLSA), which sets the rules and standards for overtime pay in the United States. Here is how overtime is typically compensated for salaried employees in New Hampshire:

• Exempt vs. Non-Exempt Status: The key factor in determining whether a salaried employee is eligible for overtime pay is their classification as exempt or non-exempt under the FLSA.
  • Exempt Employees: Exempt salaried employees are generally not entitled to overtime pay. They are paid a fixed salary and are exempt from overtime regulations because their job duties and salary level meet specific criteria established by the FLSA. Exempt employees are expected to fulfill their job responsibilities regardless of the number of hours worked.
  • Non-Exempt Employees: Non-exempt salaried employees are entitled to overtime pay. If they work more than 40 hours in a workweek, they must be compensated at a rate of at least 1.5 times their regular hourly rate for each hour worked beyond 40 hours. Non-exempt salaried employees receive overtime pay, whether they are paid on a salary or hourly basis.
• Regular Rate Calculation: For non-exempt salaried employees, the regular rate used to calculate overtime pay is determined by dividing their weekly salary by the total number of hours worked in a workweek. This calculation is used to establish the regular hourly rate, and overtime is then calculated at 1.5 times that rate for hours worked beyond 40 in a workweek.
• Additional State Laws: While the FLSA sets federal standards for overtime pay, some states, including New Hampshire, may have their own labor laws that impact overtime compensation. Employers in New Hampshire must comply with both federal and state labor laws. If state laws provide greater protections or benefits for employees, they generally take precedence.

Deductions from the pay of salaried employees in New Hampshire must comply with both federal and state labor laws, including the Fair Labor Standards Act (FLSA) and New Hampshire labor regulations. Here are some common permissible deductions from the pay of salaried employees:

• Deductions Required by Law: Employers are allowed to make deductions from a salaried employee’s pay to comply with federal and state laws, such as income tax withholding, Social Security, and Medicare deductions.
• Voluntary Deductions: Salaried employees can authorize certain voluntary deductions from their pay, such as contributions to retirement plans, health insurance premiums, and other benefit plans. These deductions are typically made with the employee’s consent.
• Bonuses and Commissions: Employers may make deductions from a salaried employee’s pay to account for overpayments, errors, or recover excess payments of bonuses, commissions, or other incentive payments.
• Loan Repayments: If an employee has agreed to repay a loan provided by the employer, the employer can make deductions from the employee’s salary to cover loan payments.
• Cafeteria or Health Savings Account Contributions: Deductions from a salaried employee’s pay can be made to fund cafeteria plans (flexible spending accounts) or health savings accounts (HSAs) with the employee’s consent.
• Court-Ordered Deductions: Employers may make deductions to satisfy court-ordered wage garnishments, child support orders, or other legal obligations. These deductions are typically non-negotiable.
• Absences: Deductions may be made when salaried employees are absent from work for full days due to personal reasons other than sickness, disability, or work-related injuries. Such deductions can be made without jeopardizing their exempt status under certain circumstances.

Employers need to be aware of both federal and state labor laws regarding permissible deductions.

New Hampshire has state labor laws that provide certain employee benefits and protections. While many labor laws are based on federal regulations, some states, including New Hampshire, have their own laws that supplement and, in some cases, exceed federal requirements. Here are some of the key benefits and protections provided under New Hampshire state law:

• Minimum Wage: New Hampshire’s minimum wage is aligned with the federal minimum wage, which is $7.25 per hour. 
• Meal Breaks: New Hampshire state law does not require employers to provide meal breaks to adult employees. However, for employees under the age of 18, employers must provide a 30-minute meal break if the employee’s work shift exceeds 5 hours.
• Rest Breaks: New Hampshire law does not mandate rest breaks for employees, but employers may provide rest breaks at their discretion.
• Overtime Pay: New Hampshire follows the federal Fair Labor Standards Act (FLSA) for overtime regulations. Non-exempt employees in the state are entitled to overtime pay at a rate of 1.5 times their regular rate of pay for hours worked beyond 40 in a workweek.
• Child Labor Laws: New Hampshire has specific regulations concerning the employment of minors, including restrictions on hours of work, types of work, and work permits. Employers are required to adhere to these rules when hiring minors.
• Unemployment Insurance: New Hampshire provides unemployment insurance benefits to eligible individuals who have lost their jobs through no fault of their own. The New Hampshire Employment Security Agency administers this program.
• Workers’ Compensation: Employers in New Hampshire are required to provide workers’ compensation insurance to cover employees in case of work-related injuries or illnesses.
• Family and Medical Leave: New Hampshire follows the federal Family and Medical Leave Act (FMLA) for employers who are subject to the federal law. Under the FMLA, eligible employees are entitled to unpaid leave for certain family and medical reasons.
• Pregnancy Discrimination: New Hampshire law prohibits discrimination against pregnant employees and requires employers to provide reasonable accommodations for pregnancy-related conditions.
• Whistleblower Protection: The state has laws protecting employees from retaliation for reporting illegal activities, safety violations, or other misconduct in the workplace.
• Equal Pay: New Hampshire has an equal pay law that prohibits wage discrimination based on gender. Employers must provide equal pay for equal work.
• Domestic Violence Leave: New Hampshire law provides job-protected leave for victims of domestic violence, sexual assault, and stalking for specific reasons such as seeking medical treatment or legal assistance.

If you believe that your employer is violating labor laws or employment regulations in New Hampshire, you can report these violations to the appropriate authorities or labor departments. Here are the general steps to follow:

• Identify the Violation: Before reporting any violation, make sure you understand the specific labor law or regulation that is being violated. This could include issues related to minimum wage, overtime pay, workplace safety, discrimination, or any other employment-related concern.
• Internal Reporting: In many cases, it’s a good first step to address the issue with your employer or HR department. Many employers have procedures in place to address and resolve workplace concerns. Follow your company’s internal process for reporting violations.
• Contact the New Hampshire Department of Labor: If the violation is not resolved internally, you can contact the New Hampshire Department of Labor, which enforces state labor laws. You can reach out to them to report violations or seek guidance on how to proceed.
  • New Hampshire Department of Labor Contact Information:
  • Phone: (603) 271-3176
  • New Hampshire Department of Labor
• Contact the U.S. Department of Labor (For Federal Violations): If your concern relates to a federal labor law violation (e.g., Fair Labor Standards Act, Family and Medical Leave Act), you can contact the U.S. Department of Labor’s Wage and Hour Division (WHD) for assistance or to report the violation.
  • U.S. Department of Labor, Wage and Hour Division Contact Information:
  • Phone: 1-866-4-US-WAGE (1-866-487-9243)
  • U.S. Department of Labor, Wage and Hour Division
• File a Complaint: In some cases, you may need to formally file a complaint with the appropriate agency or department. This typically involves providing detailed information about the violation, your employer, and your circumstances. Both the New Hampshire Department of Labor and the U.S. Department of Labor have processes for filing complaints.