New Hampshire

Labor Compliance Guide

Hours & Pay Regulations

Normal Working Hours

New Hampshire requires employers to pay employees for all hours worked. New Hampshire has adopted the rules and regulations regarding hours worked set forth pursuant to the federal Fair Labor Standards Act. New Hampshire law defines a workweek as a fixed period of 168 consecutive hours, which equates to 7 consecutive 24-hour periods. A workweek must start and end on a specified day of the week and hour of the day and coincide with the calendar week.

 

State law also requires that an employee must be paid at his or her regular rate for at least two hours of work on any day the employee reports to work at the employer’s request. An employer who makes a good faith effort to notify the employee not to report to work is not liable for the wages. An employee who reports working after the employer’s attempt to notify the employee not to report is unsuccessful or prevented for any reason, must perform whatever duties are assigned by the employer at the time the employee reports to work.

Overtime

Employers must pay employees covered by New Hampshire’s overtime law 1.5 times their regular rates for hours worked in excess of 40 per week.

Work On Rest Days

No employee shall be required or allowed to work on the day of rest designated for him. Whoever violates this section shall be fined $50.

Sunday Work

Employers may require or request that employees work more hours in a typical workday to make up lost time because of a legal holiday. Employers that require employees to work on Sundays must provide those employees with a 24-hour rest period during the following week. Employers that require employees to work on Sunday must allow employees to take 24 consecutive hours off during the next six days. Employers that operate on Sunday must post a list of employees required to work on Sunday and designating a day of rest for these employees. No employer shall operate any such business on Sunday unless he has posted in a conspicuous place on the premises a schedule containing a list of employees who are required or allowed to work on Sunday and designating the day of rest for each, and shall promptly file a copy of such schedule and every change therein with the labor commissioner.

 

Effective July 29, 2018, recreation-camp employees and youth-skill camp employees are added to the categories of workers exempt from state day-of-rest and Sunday work requirements.

Public Holidays

No employee shall be required to work in any mill or factory on any legal holiday, except to perform such work as is both absolutely necessary and can lawfully be performed on the Lord’s Day.

Annual Leave

Annual Leaves are unpaid leave based on the agreement between employer and employee (FSLA).

Minimum Wage

Employers must pay employees at the federal minimum wage rate of $7.25 an hour. New Hampshire’s minimum wage is linked to the federal minimum wage and the state does not set its own minimum wage. Effective July 6, 2015, employers are prohibited from employing individuals with disabilities at an hourly rate lower than the federal minimum wage, except for practical experience or training programs and family businesses.

Tips & Gratuities

Employees of a restaurant, hotel, motel, inn, or cabin who receive at least $30 per month in tips must be paid 45 percent of the federal minimum wage. Employers must pay a cash wage of $3.26 an hour, based on a credit of $3.99 an hour. If wages plus tips do not equal the federal minimum wage, the employer must pay the difference. Tips are to be retained by the employee unless the employee voluntarily participates in a valid tip pooling or tip-sharing arrangement, which may be administered by an employer at the request of the employee.

Meal Breaks

Employers must provide all the employees a meal period of at least 30 minutes before five hours of continuous work unless the employee can reasonably perform their work while eating a meal.

Special Leave

Unpaid Leave
Employees may be eligible to take unpaid, job-protected, leave under the Family Medical Leave Act (“FMLA”). Please refer to main United States page for further details on this Federal law.
Military Leave

There are no military leave requirements for private employers, but private employers are encouraged to grant employees the same leave as the state grants to public employees (up to 15 days of paid leave per year to attend drills, training, or other temporary duty). Employers must allow employees who are honorably discharged veterans of the U.S. armed forces to take unpaid leave on Veterans Day.

Pregnancy Disability Leave

An employer shall permit a female employee to take leave of absence for the period of temporary physical disability resulting from pregnancy, childbirth or related medical conditions. When the employee is physically able to return to work, her original job or a comparable position shall be made available to her by the employer unless business necessity makes this impossible or unreasonable.

Crime Victim Leave
    • An employer shall permit an employee who is a victim of a crime to leave work so that the employee may attend court or other legal or investigative proceedings associated with the prosecution of the crime.
    • An employer shall not discharge an employee who is a victim of a crime because the employee exercises his or her right to leave work.
    • An employer shall not be required to compensate an employee who is a victim of a crime and who exercises his or her rights.
    • An employee who leaves work pursuant to this subdivision may elect to use, or an employer may require the employee to use, the employee’s accrued paid vacation time, personal leave time, or sick leave time.
    • An employee shall not lose seniority while absent from his or her employment.
    • Before an employee may leave work under this subdivision, he or she shall provide the employer with a copy of the notice of each scheduled hearing, conference, or meeting that is provided to the employee by the court or agency responsible for providing notice to the employee.
    • An employer shall maintain the confidentiality of any written documents or records submitted by an employee relative to the employee’s request to leave work.

Last updated on: September 21st, 2018