New Hampshire Employment Law 2026

2.1 Wage and Hour Rights

New Hampshire’s wage and hour laws establish minimum standards for employee compensation, working hours, and payment practices.

Minimum Wage

Current New Hampshire minimum wage (2026): $7.25 per hour

Effective date: The minimum wage has remained $7.25 since 2009

Statutory authority:

According to RSA 279:21:

“Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended.”

Source: RSA 279:21, Minimum Hourly Rate Official text: https://www.gc.nh.gov/rsa/html/XXIII/279/279-mrg.htm Department of Labor page: https://www.dol.nh.gov/inspections/wage-and-hour/minimum-wage

Important Note: New Hampshire’s minimum wage statute ties the state minimum wage to the federal minimum wage. If the federal minimum wage increases, New Hampshire’s minimum wage automatically adjusts to match the federal rate.

Employees Exempt from Minimum Wage:

RSA 279:21 provides that minimum wage requirements do not apply to:

• Employees engaged in household labor
• Employees engaged in domestic labor
• Employees engaged in farm labor
• Outside sales representatives
• Summer camps for minors
• Newspaper carriers
• Non-professional ski patrol
• Golf caddies

Tipped Employees:

According to RSA 279:21:

“Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $30 a month in tips directly from the customers will receive a base rate from the employer of not less than 45 percent of the applicable minimum wage.”

Tipped minimum wage (2026): $3.27 per hour (45% of $7.25)

Employers must ensure that tipped employees’ total compensation (base wage plus tips) equals at least the full minimum wage. If tips do not bring the employee to the minimum wage, the employer must pay the difference.

Source: RSA 279:21 Available at: https://www.gc.nh.gov/rsa/html/XXIII/279/279-mrg.htm

Definition of Restaurant:

According to the New Hampshire minimum wage poster:

“Restaurant shall include an establishment in a temporary or permanent building, kept, used, maintained, advertised, and held out to the public to be a place where meals are regularly prepared or served for which a charge is made and where seating and table service is available for customers or where delivery services are available. The term does not include establishments which do not primarily prepare and serve food. Tipped employees shall also include employees who deliver meals prepared in a restaurant to the customer’s home, office, or other location.”

Source: New Hampshire Department of Labor Minimum Wage Poster Available at: https://mm.nh.gov/files/uploads/labor/documents/minimum-wage-poster.pdf

Subminimum Wages:

New Hampshire law allows subminimum wage rates in limited circumstances:

Employees with less than six months experience:

Employers may pay 75% of the minimum wage ($5.44 per hour in 2026) to employees with less than six months experience in an occupation, provided the employer files an application with the New Hampshire Department of Labor within 10 days of hiring the employee and the application is approved.

Source: RSA 279:21

Student learners:

The New Hampshire Department of Labor may approve subminimum wage rates for high school or post-secondary students employed for practical experience, including potentially no wages at all, if circumstances warrant.

Source: RSA 279:22-aa Available at: https://www.gc.nh.gov/rsa/html/XXIII/279/279-mrg.htm

Overtime Requirements

New Hampshire generally follows the federal Fair Labor Standards Act (FLSA) for overtime requirements.

Overtime rate: 1.5 times the regular rate of pay Overtime threshold: Hours worked over 40 in any workweek

According to RSA 279:21, VIII:

“Those employees covered by RSA 279, with the following exceptions, shall in addition to their regular compensation, be paid at the rate of time and one-half for all time worked in excess of 40 hours in any one week: (a) Any employee employed by an amusement, seasonal, or recreational establishment if: (1) it does not operate for more than 7 months in any calendar year; or (2) during the preceding calendar year, its average receipts for any 6 months of such year were not more than 33 1/3 percent of its average receipts for the other 6 months of such year. (b) Any employee of employers covered under the provisions of the Federal Fair Labor Standards Act.”

Source: RSA 279:21, VIII Available at: https://www.gc.nh.gov/rsa/html/XXIII/279/279-mrg.htm

Workweek Definition:

According to New Hampshire Administrative Rule Lab 802.02, a workweek for non-salaried employees is established by the employer and consists of:

• A fixed period of 168 hours (7 consecutive 24-hour periods)
• A period which commences and ends on a specific day of the week and hour of the day
• A period which coincides with the calendar week

Source: N.H. Admin. Rules Lab 802.02 Available at: https://www.gc.nh.gov/rules/state_agencies/lab800.html

Federal Overtime Exemptions:

Many employees are exempt from overtime under the FLSA, including:

• Executive, administrative, and professional employees meeting specific salary and duties tests
• Outside sales employees
• Certain computer employees
• Highly compensated employees meeting specific criteria

Source: Fair Labor Standards Act, 29 U.S.C. § 213 Department of Labor guidance: https://www.dol.gov/agencies/whd/overtime

No Daily Overtime:

Unlike some states (such as California), New Hampshire does not require daily overtime. Overtime is calculated on a weekly basis only.

Meal and Rest Breaks

Meal Break Requirements:

New Hampshire law requires meal breaks for employees working more than five consecutive hours.

According to RSA 275:30-a:

“An employee shall be entitled to a lunch or eating period thirty minutes daily when employed for 5 consecutive hours or more, except if it is feasible for the employee to eat while working and the employer permits him to do so.”

Key provisions:

• 30-minute break required after 5 consecutive hours of work
• Break does not need to be paid if the employee is relieved of all duties
• Employer may allow employee to eat while working if feasible

Source: RSA 275:30-a, Lunch or Eating Period Official text: https://www.gc.nh.gov/rsa/html/XXIII/275/275-mrg.htm Department of Labor FAQ: https://www.dol.nh.gov/resource-center/frequently-asked-questions/wages-and-work-hours-faqs

Rest Break Requirements:

New Hampshire does not have a state law requiring rest breaks or coffee breaks.

Federal law:

According to the U.S. Department of Labor:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division Available at: https://www.dol.gov/general/topic/workhours/breaks

Payment of Wages Requirements

Frequency of Payment:

According to RSA 275:43:

“Every person, firm, or corporation employing labor in this state shall pay weekly or bi-weekly the wages of their employees.”

Employers must pay wages either weekly or bi-weekly unless they obtain approval from the New Hampshire Department of Labor for a different payment schedule.

Source: RSA 275:43, Weekly Payment Available at: https://www.gc.nh.gov/rsa/html/XXIII/275/275-mrg.htm

Method of Payment:

New Hampshire law requires that wages be paid in lawful money of the United States, by check, or with the employee’s written authorization, by electronic fund transfer to a financial institution designated by the employee.

Wage Statement Requirements:

According to RSA 275:49, employers must:

“Notify his or her employees in writing at the time of hiring of the rate of pay; of the day, hour, and place of payment; and of the amount of vacation pay if any.”

Employers must also provide written notification before any changes to these arrangements and furnish each employee with a statement of deductions made from wages for each pay period.

Source: RSA 275:49, Notification, Posting, and Records Official text: https://www.gc.nh.gov/rsa/html/XXIII/275/275-49.htm

Required Pay for Reporting:

According to New Hampshire Administrative Rule Lab 803.03(f):

“An employee who reports to work at the employer’s request must be paid for a minimum of 2 hours.”

This “reporting pay” or “show-up time” requirement ensures employees receive at least 2 hours of pay at their regular rate when they report to work as requested, even if sent home early.

Source: N.H. Admin. Rules Lab 803.03(f) Department of Labor FAQ: https://www.dol.nh.gov/resource-center/frequently-asked-questions/wages-and-work-hours-faqs

Final Paycheck Requirements

New Hampshire law establishes specific timelines for final wage payment upon termination of employment.

Employee Discharged/Fired:

According to RSA 275:44:

“Whenever an employee is discharged from the service of an employer, he shall be paid all wages due him within 72 hours from the time of such discharge.”

Timeline: Within 72 hours of discharge Calculation: 72 hours includes all hours (not just business hours), excluding Sundays and legal holidays

Source: RSA 275:44, Employees Separated From Payroll Before Pay Days Official text: https://www.gc.nh.gov/rsa/html/XXIII/275/275-mrg.htm

Employee Quits/Resigns:

When an employee voluntarily quits or resigns:

• With notice: If the employee gives at least one pay period’s notice, final wages are due within 72 hours of the last day of employment
• Without notice: Final wages are due on the next regular payday

Suspension Due to Labor Dispute:

Employees suspended due to a labor dispute receive final wages on the next regular payday.

Layoff:

Laid-off employees receive final wages on the next regular payday.

Penalties for Late Payment:

RSA 275:44 provides for liquidated damages:

“Willful failure to pay as above subjects employer to liquidated damages of ten percent of the unpaid wages for each day except Sunday and legal holidays.”

The 10% daily penalty applies to willful failures to pay final wages on time.

Deductions from Wages

New Hampshire law strictly limits permissible deductions from employee wages.

According to RSA 275:48:

“An employer may withhold or divert any portion of an employee’s wages when: (a) The employer is required or empowered to do so by state or federal law, or (b) The employer has written authorization from the employee for deductions on a form approved by the commissioner for a lawful purpose accruing to the benefit of the employee.”

Lawful deductions include:

• Federal, state, and local taxes
• Court-ordered garnishments
• Employee-authorized deductions for benefits (health insurance, retirement contributions)
• Union dues (when authorized)

Prohibited deductions:

Employers cannot deduct from wages for:

• Cash shortages
• Breakage or damage
• Tools or uniforms (unless employee voluntarily agrees in writing)
• Return of employer property from final paycheck

Source: RSA 275:48, Withholding of Wages Available at: https://www.gc.nh.gov/rsa/html/XXIII/275/275-mrg.htm

Uniform and Tool Requirements:

According to RSA 275:48:

“Any garment with a logo or having a distinctive design and the employer requires it to be worn while working must be provided at no cost to the employee. If not returned, the employer cannot make a deduction from the final wages of the employee.”

Recordkeeping Requirements

Hours and Wages Records:

According to RSA 279:21:

“Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary.”

The New Hampshire Minimum Wage Law requires employers to maintain accurate records of all hours worked and wages paid for each employee, except for employees exempt under FLSA section 213(a).

Retention Period:

According to RSA 275:49, VI:

Employers must “make such records of the persons employed by him or her, including wage and hour records, preserve such records for 3 years, and make such reports therefrom to the commissioner.”

Records retention: 3 years

Source: RSA 275:49, VI Available at: https://www.gc.nh.gov/rsa/html/XXIII/275/275-49.htm

Personnel Files:

According to RSA 275:56:

“Upon request by a present or past employee of an employer, the employer shall provide that employee with a copy of, or access to review, his or her personnel file maintained by the employer.”

Employers must provide current or former employees access to their personnel files upon request.

Source: RSA 275:56

2.2 Equal Pay Rights

New Hampshire law prohibits wage discrimination based on sex.

According to RSA 275:37:

“No employer shall discriminate between employees in the same establishment on the basis of sex, by paying wages to employees of one sex at a rate less than the rate paid to employees of the opposite sex for equal work on jobs which require equal skill, effort, and responsibility and which are performed under similar working conditions.”

Exceptions Permitted:

Pay differentials are lawful when based on:

• A seniority system
• A merit system
• A system measuring earnings by quantity or quality of production
• A differential based on any factor other than sex

Enforcement:

According to RSA 275:38:

“Whenever it appears that any employer is violating any of the provisions of RSA 275:36-41, the commissioner may bring an action in the name of the state in the superior court to enjoin such employer from so doing.”

Source: RSA 275:37, Equal Pay Official text: https://www.gc.nh.gov/rsa/html/XXIII/275/275-mrg.htm

Required Workplace Posting:

According to RSA 275:49, VII, employers must:

“Post and make available to his or her employees the following: ‘It is illegal in New Hampshire under both state and federal law to pay employees different wages for the same work based solely on sex. If you think that your employer has violated this provision, please contact the New Hampshire Department of Labor.'”

The notice must include contact information for the New Hampshire Department of Labor.

Federal Equal Pay Act:

The federal Equal Pay Act of 1963 also prohibits sex-based wage discrimination for substantially equal work.

Source: Equal Pay Act, 29 U.S.C. § 206(d) EEOC guidance: https://www.eeoc.gov/laws/statutes/epa.cfm

Wage Disclosure Protection:

According to RSA 275:41-b:

Employers cannot prohibit employees from disclosing their wages or require employees to sign a waiver preventing wage disclosure. Employees have the right to discuss their wages with co-workers.

Source: RSA 275:41-b

2.3 Parental Leave and Childbirth Rights

New Hampshire Parental Leave for Medical Appointments (Effective January 1, 2026)

New Hampshire enacted new parental leave requirements effective January 1, 2026.

According to RSA 275:37-f:

“No employer with 20 employees or more, shall deny an employee leave from work up to a total of 25 hours to attend the employee’s own medical appointments for childbirth, postpartum care, or the employee’s child’s pediatric medical appointments within the first year of the child’s birth or adoption.”

Key Provisions:

Employer size requirement: 20 or more employees

Leave amount: Up to 25 hours total per year

Covered purposes:

• Employee’s own medical appointments for childbirth
• Employee’s own postpartum care appointments
• Employee’s child’s pediatric medical appointments in the child’s first year

Shared leave: When both parents work for the same employer, they collectively share the 25 hours for the child’s first year

Payment: The leave is unpaid, but employees may substitute accrued vacation time or other appropriate paid leave

Notice requirement: Employees must provide reasonable notice and schedule appointments to minimize workplace disruption when possible

Job protection: This is job-protected leave

Source: RSA 275:37-f, Leave of Absence to Attend Medical Appointments for Childbirth, Postpartum Care, and Infant Pediatric Medical Appointments (Effective January 1, 2026) Official text: https://www.gc.nh.gov/rsa/html/XXIII/275/275-37-f.htm

Federal Family and Medical Leave Act (FMLA)

Eligible employees may take up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons under the federal FMLA.

Eligibility requirements:

• Employer has 50 or more employees within 75 miles
• Employee has worked for employer at least 12 months
• Employee has worked at least 1,250 hours in the past 12 months

Covered reasons:

• Birth and care of newborn child
• Adoption or foster placement of a child
• Care for spouse, child, or parent with serious health condition
• Employee’s own serious health condition
• Qualifying military exigency

Military caregiver leave: Up to 26 weeks in a single 12-month period to care for covered service member

Source: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. Department of Labor FMLA page: https://www.dol.gov/agencies/whd/fmla

2.4 New Hampshire Paid Family and Medical Leave (Voluntary Program)

New Hampshire offers a voluntary Paid Family and Medical Leave insurance program. This is not a mandate; employers may choose whether to participate.

Program Overview:

According to the official NH PFML website:

“NH Paid Family and Medical Leave (NH PFML) is a voluntary insurance plan that provides NH workers with 60% wage replacement (up to the Social Security wage cap) for up to 6 weeks per year for absences from work for covered common life events.”

Key Features:

Voluntary participation: Employers are not required to offer this benefit

Benefit amount: 60% of average weekly wages, up to the Social Security wage cap

Maximum weekly benefit (2026): $2,128.85

Duration: Up to 6 weeks per year (employers may choose 6 or 12 weeks of coverage)

Covered events:

• Worker’s own serious health condition (when disability coverage does not apply), including childbirth
• Bonding with a new child during the first year (birth, adoption, or foster placement)
• Caring for a family member with a serious health condition
• Qualifying military exigency for a family member’s foreign deployment

Eligibility:

• Employers must have a physical location in New Hampshire
• Workers must be designated as working for a NH employer (wages reported to NH for unemployment purposes)

Funding:

• Employers may fully fund the premium, share costs with employees, or pass full cost to employees
• Business Enterprise Tax (BET) credit available for employers who purchase through MetLife and fund at least part of the premium

Source: Official NH Paid Family and Medical Leave Website Available at: https://www.paidfamilymedicalleave.nh.gov/ Statute: RSA 21-I:99, et seq.; RSA 282-B; RSA 77-E:3-e

Individual Plan:

Workers whose employers do not offer NH PFML or equivalent benefits may purchase individual coverage during open enrollment periods.

2026 Open enrollment: December 1, 2025 through January 29, 2026

2.5 Discrimination Protections

Employees in New Hampshire are protected from discrimination based on numerous characteristics under state and federal law. These protections are detailed in Section 3 of this guide.

2.6 Whistleblower Protections

New Hampshire’s Whistleblowers’ Protection Act protects employees who report employer violations of law.

According to RSA 275-E:2:

“No employer shall discharge, threaten, or otherwise discriminate against an employee regarding the employee’s compensation, terms, conditions, location, or privileges of employment because: I. The employee, or a person acting on behalf of the employee, reports or is about to report, verbally or in writing, a violation or a suspected violation of any law or rule…to a public body…”

Protected activities:

• Reporting violations of state or federal law to a public body
• Providing information to a public body conducting an investigation, hearing, or inquiry
• Objecting to or refusing to participate in activity the employee reasonably believes violates law

Source: RSA 275-E, Whistleblowers’ Protection Act Official text: https://www.gc.nh.gov/rsa/html/XXIII/275-E/275-E-mrg.htm

Remedies:

Employees who suffer retaliation may file complaints with the New Hampshire Department of Labor. Remedies may include:

• Reinstatement
• Payment of back wages and benefits
• Restoration of seniority rights
• Injunctive relief

Public Employee Protections:

RSA 275-E:8 and 275-E:9 provide additional protections for public employees who report fraud, waste, or abuse in the expenditure of public funds.