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New Hampshire Labor Laws

New Hampshire has labor protections including the federal minimum wage, mandatory 30-minute meal breaks for shifts over 5 hours, fast final wage payment (72 hours), and weekly or bi-weekly pay requirements.

Important: New Hampshire requires meal breaks for shifts over 5 hours and fast payment of final wages (within 72 hours if discharged). Most requirements apply to employers with 2 or more employees.

Minimum Wage

New Hampshire follows the federal minimum wage with no state minimum wage law above federal levels.

Key Requirements

  • State minimum wage: $7.25 per hour (same as federal minimum)
  • Tipped employees: $3.26/hour minimum cash wage (45% of minimum wage)
  • Special minimum wage: $3.26/hour for certain agricultural and domestic workers
  • Applies to all employers with 2 or more employees
  • Most employers are covered by federal FLSA

Additional Resources

Overtime

New Hampshire follows federal overtime requirements under the FLSA with no additional state requirements.

Key Requirements

  • Overtime pay: 1.5x regular rate for hours worked over 40 in a workweek
  • No daily overtime requirement (calculated weekly)
  • Standard FLSA exemptions apply (executive, administrative, professional)
  • No state-specific overtime laws beyond federal requirements
  • Applies to employers with 2 or more employees

Additional Resources

Meal Breaks

New Hampshire requires meal breaks for employees working certain shifts.

Key Requirements

  • Meal break: 30-minute break for shifts over 5 consecutive hours
  • Employees must be completely relieved of duties during unpaid meal breaks
  • No state law requiring paid rest breaks
  • If breaks are voluntarily provided, short breaks must be paid
  • Applies to all employers

Additional Resources

Payment of Wages

New Hampshire has specific requirements for wage payment frequency and timing.

Key Requirements

  • Employees must be paid weekly or bi-weekly
  • Salaried employees may be paid semi-monthly
  • Final wages: Must be paid within 72 hours if discharged
  • If employee quits: Must be paid by next regular payday or within 72 hours if requested
  • Vacation pay must be paid out upon termination if company policy provides for it

Additional Resources

Child Labor

New Hampshire has comprehensive restrictions on youth employment.

Key Requirements

  • Work permits required for minors under 18
  • Ages 14-15: Limited to 3 hours per school day, 18 hours per week during school
  • Ages 14-15: 8 hours per day, 48 hours per week when school not in session
  • Ages 16-17: Limited to 6 days per week, 48 hours per week
  • Minors under 16 cannot work before 7am or after 9pm (later on weekends/summer)

Additional Resources

Right to Work

New Hampshire is NOT a Right to Work state but has unique "Voluntary Choice" protections.

Key Requirements

  • Not a traditional Right to Work state
  • However, has "Voluntary Choice" law since 2011
  • Public employees cannot be required to join a union or pay fees
  • Private sector employees may be subject to union security agreements
  • More limited protections than full Right to Work states

Additional Resources

Fast Final Wage Payment

New Hampshire requires quick payment of final wages:

Employee Discharged

Final wages must be paid within 72 hours of discharge

Employee Quits

By next regular payday or within 72 hours if employee requests it

Required Pay Frequency

New Hampshire requires more frequent pay periods than most states:

  • Hourly employees: Must be paid weekly or bi-weekly
  • Salaried employees: May be paid semi-monthly (twice per month)
  • Employers cannot pay less frequently than required by law

Vacation Pay Policy

New Hampshire has unique vacation pay requirements:

If an employer has a policy or practice of providing vacation pay, it must be paid out to employees upon termination (whether discharged or quit).

This applies even if the company policy states otherwise. Vacation pay is considered earned wages in New Hampshire.

Voluntary Choice vs. Right to Work

New Hampshire has a unique approach to union membership:

  • Not a full Right to Work state like neighboring states
  • Public sector employees cannot be required to join unions or pay fees (since 2011)
  • Private sector employees may still be subject to union security agreements

Meal Break Requirements

New Hampshire requires meal breaks for longer shifts:

Employees working more than 5 consecutive hours must receive a 30-minute meal break. The break must be unpaid and employees must be completely relieved of duties.

Navigate New Hampshire's Labor Requirements

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