New Hampshire Salaried Employees Laws

April 9th 2024

When it comes to navigating the landscape of employment laws for salaried employees in New Hampshire; this requires an understanding of both federal and state-level regulations. 

These state-mandated laws, which encompass various aspects of employment such as wage and hour requirements, overtime compensation, and classifications of exempt and non-exempt status, are pivotal in defining the working relationship between employers and employees. 

As of 2024, the legal framework governing these relationships continues to evolve, with recent updates and developments further shaping the employment law environment in the state.

This comprehensive article aims to guide employers and employees through the key aspects of New Hampshire’s salaried employee laws, ensuring compliance and fostering a mutually beneficial and legally sound working environment​​​​​​​​​​. So, without further ado, read on. 

This Article Covers:

Payment of Wages for Salaried Employees in New Hampshire

In New Hampshire, the laws regarding the payment of wages to salaried employees stipulate that employers must adhere to specific timelines. For instance, if employees are paid weekly, their wages must be disbursed within eight days after the end of the pay period. In a biweekly payment setup, the wages should be paid within 15 days post the pay period’s conclusion. Employers have the option to request permission for less frequent payment schedules from the New Hampshire Department of Labor, but this is subject to several conditions including the financial impact on employees and the employer’s compliance history with wage and hour laws.

On the other hand, when it comes to the method of wage payments in New Hampshire, employers in the state can opt for various modes, including cash, electronic fund transfers, direct deposit, or payroll cards. Notably, in case the employer chooses electronic methods like direct deposit or payroll cards, they are required to offer the alternative of payment by check.

Regarding the termination of employment in New Hampshire, different rules apply based on the circumstances of the employee’s departure. For example, if an employee is discharged, the employer must pay all due wages within 72 hours of the discharge. Alternatively, if an employee quits with at least one pay period’s notice, the same timeline applies for wage payment. However, if no such notice is given, the wages must be paid by the next regular payday.

As for deductions from wages, the law specifies limitations on permissible wage deductions. Employers are not allowed to deduct for cash shortages, breakages, damage or loss of property, and certain uniform costs. However, other deductions are permissible with the written consent of the employee for items like union dues or health insurance premiums, among others.

Work Hours for Salaried Employees in New Hampshire

In New Hampshire, the regulations surrounding work hours for salaried employees align with the federal Fair Labor Standards Act (FLSA). Employers are required to compensate employees for all hours worked. A work week is defined as a fixed period of 168 consecutive hours, which is equivalent to seven consecutive 24-hour periods. This work week must start and end on a specific day and hour and align with the calendar week. For situations involving waiting time, on-call time, sleeping time, and travel time, the state adheres to the guidelines set by the FLSA. 

Additionally, there are specific rules for meeting, lecture, and training time in New Hampshire, ensuring employees are compensated appropriately for these periods. The state also has regulations for show-up or reporting time, mandating a minimum payment for employees who report to work as requested, even if the actual work hours are fewer than initially scheduled.

Pay Deductions from Salaried Employees Pay in New Hampshire

In New Hampshire, the law governing deductions from salaried employees’ pay is quite specific. Employers are prohibited from deducting costs related to cash shortages, breakages, damages, or loss of the employer’s property and specific uniform expenses. However, with the employee’s written consent, employers may deduct for various other purposes like union dues, health and pension fund contributions, and voluntary charity contributions. Employers are also required to provide employees with an itemized statement of deductions at least once per month. It’s important to note that any deductions must be in compliance with state and federal laws.

Overtime Exemptions for New Hampshire Salaried Employees

In New Hampshire, overtime exemptions for salaried employees are primarily guided by the federal Fair Labor Standards Act (FLSA). Under the FLSA, certain employees are exempt from overtime requirements if they meet specific criteria. These criteria include being paid a salary of at least $684 per week (or $35,568 per year) and fulfilling certain job duties in executive, administrative, professional, computer-related, creative professions, or outside sales roles. 

It’s important for employers to carefully evaluate the job duties to determine if it qualifies for an exemption. New Hampshire law adheres to these federal standards, and in cases where federal and state laws differ, the more protective law applies. Employers must ensure proper classification of employees as exempt or non-exempt to avoid potential disputes and liabilities​​.

Learn more in detail about New Hampshire Overtime Laws.

Salaried Employees on Fluctuating Workweeks in New Hampshire

In New Hampshire, salaried employees might be eligible for the fluctuating workweek method of computing overtime as per federal guidelines. This method, applicable under the FLSA, allows for a set weekly salary for nonexempt employees regardless of the number of hours worked, with additional overtime pay for hours over 40 in a standard workweek. The overtime pay is based on the average hourly wage rate, which varies each week depending on the actual hours worked. 

Break Entitlements for Salaried Employees in New Hampshire

In New Hampshire, salaried employees are entitled to a 30-minute meal break after working for five consecutive hours. However, if it is feasible for the employee to eat while working and the employer permits it, this may not apply. It’s important to note that New Hampshire does not have regulations requiring additional, shorter break periods for employees. Thus, any such breaks are at the employer’s discretion. This meal break entitlement applies to all employees in the state, regardless of age or occupation, ensuring equitable treatment across various job types.

Leave Entitlements for Salaried Employees in New Hampshire

In New Hampshire, the Paid Family and Medical Leave (PFML) program offers a voluntary insurance plan for salaried employees. Starting January 1, 2024, this program will provide a maximum weekly benefit of $1,945.38, which is 60% of the Social Security Taxable Wage Base of $168,600. The PFML allows employees to take leave for various life events, offering wage replacement during their absence. This program is particularly significant for employers looking to offer competitive benefits and for employees seeking financial support during leave periods​.

Learn more in detail about New Hampshire Leave Laws.

Termination of Employment for Salaried Employees in New Hampshire

In New Hampshire, the termination of employment for salaried employees is governed by specific state laws. If an employee quits, resigns, or is laid off, the employer must pay the employee on the next scheduled payday. If an employee resigns with at least one pay period’s notice, or if the employer does not allow the employee to work the notice period, the employer must pay all wages owed within 72 hours of the employee’s final day. In cases where the employer terminates an employee, the employer is required to pay all wages within 72 hours. 

Additionally, New Hampshire law may require employers to pay involuntarily terminated salaried employees for a full pay period, even if they worked only a portion of it, unless the termination is for cause. This legislation is designed to protect employees, ensuring they are compensated fairly upon their departure from a company while also considering the circumstances of their termination. These regulations highlight the importance of understanding state-specific employment laws to ensure compliance and fair treatment.

Severance Pay for Salaried Employees in New Hampshire

In New Hampshire, there is no statutory requirement for employers to offer severance pay to salaried employees. However, if an employer has a practice or company-mandated policy of paying severance to the employee, then severance pay is categorized as “wages” under New Hampshire Wage Law and must be paid accordingly. Severance pay is typically offered to ensure a peaceful separation and may be in exchange for a contractual promise from the employee not to sue the employer. The specifics of severance agreements can vary, and employees are advised to seek legal advice if offered a severance agreement to understand the rights and options fully.

Final Wages for Salaried Employees in New Hampshire

In New Hampshire, if an employee quits or resigns, the employer must pay the final wages on the next scheduled payday. However, if the employee provides at least one pay period’s notice, the employer is obligated to pay all wages owed within 72 hours. In cases where an employer terminates an employee, they are generally required to pay all wages within 72 hours. 

By any chance, if an employee does not receive the final paycheck on the designated payday, they can seek legal assistance from the New Hampshire Department of Labor (NH DoL).

Learn more about New Hampshire Labor Laws through our detailed guide.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.