New Hampshire Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 9, 2026
Last Reviewed: February 9, 2026
Applicable Period: 2026
Jurisdiction: State of New Hampshire, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- New Hampshire Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in New Hampshire
- Current Minimum Wage Rates in New Hampshire 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in New Hampshire
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- New Hampshire Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in New Hampshire establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, New Hampshire adopts the federal minimum wage of $7.25 per hour, with specific provisions for tipped employees and various exemptions.
Minimum wage regulations in New Hampshire operate under RSA 279:21 alongside federal requirements established by the Fair Labor Standards Act (FLSA). When state or local minimum wage rates exceed the federal standard, employers must comply with the higher applicable rate. New Hampshire allows a tip credit of up to $3.98 per hour, and no local jurisdictions have enacted higher minimum wage ordinances.
This page provides an authoritative overview of New Hampshire minimum wage law for 2026, including current rates, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| New Hampshire Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | Federal rate applies | Ongoing | RSA 279:21 |
| Federal minimum wage | $7.25/hour | July 24, 2009 | FLSA |
| Tipped minimum wage | $3.27/hour | Ongoing | RSA 279:21 |
| Tip credit allowed | Yes (up to $3.98) | Ongoing | RSA 279:21 |
| Next scheduled increase | None | N/A | — |
| Rate adjustment mechanism | Fixed | — | Requires new legislation |
| Local minimum wages | Prohibited by state structure | — | Dillon’s Rule state |
Last verified: February 9, 2026 via New Hampshire Department of Labor website
Overview of Minimum Wage Law in New Hampshire
Legal Authority
New Hampshire minimum wage requirements are established under New Hampshire Revised Statutes Chapter 279. The New Hampshire Department of Labor administers and enforces minimum wage regulations in New Hampshire. The state minimum wage law was enacted in 1933 and has been amended multiple times since its passage, most recently in 2011 when the legislature adopted a provision tying New Hampshire’s minimum wage to the federal rate.
Relationship to Federal Law
Under the Fair Labor Standards Act (FLSA), the federal minimum wage establishes a floor of $7.25 per hour for covered employers and employees. New Hampshire law incorporates by reference federal minimum wage standards. When both state and federal minimum wage laws apply, employers must pay whichever rate is higher.
New Hampshire adopts the federal minimum wage rate, requiring employers covered by the FLSA to pay at least $7.25 per hour. The state statute explicitly provides that “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.”
Coverage Scope
New Hampshire minimum wage law applies to all employers not specifically exempted under state statute. The law covers most private sector employees, with specific exemptions for household labor, domestic labor, farm labor, outside sales representatives, summer camps for minors, newspaper carriers, non-professional ski patrol, and golf caddies. Employers not subject to state minimum wage requirements but covered by federal law must comply with FLSA standards.
Higher Rate Principle
The principle of “higher prevailing rate” requires employers to pay the highest applicable minimum wage—whether federal, state, or local. In New Hampshire, because the state adopts the federal minimum wage and no local ordinances exceed this rate, all covered employers must comply with the uniform $7.25 per hour federal standard.
Current Minimum Wage Rates in New Hampshire 2026
Standard Hourly Minimum Wage
As of February 9, 2026, the standard minimum wage in New Hampshire is $7.25 per hour for covered employees. This rate applies to all non-exempt employees except those specifically excluded under state statute.
New Hampshire law ties the state minimum wage directly to the federal rate established under the Fair Labor Standards Act. According to RSA 279:21, employers may not pay employees “at an hourly rate lower than that set forth in the federal minimum wage law, as amended.” This provision ensures that New Hampshire’s minimum wage automatically adjusts if Congress increases the federal minimum, without requiring separate state legislative action.
The federal minimum wage of $7.25 per hour has remained unchanged since July 24, 2009, when the final phase of increases under the Fair Minimum Wage Act of 2007 took effect. Because New Hampshire adopts this federal rate, the state minimum wage has similarly remained at $7.25 per hour since 2009.
Scheduled Increases
No further minimum wage increases are currently scheduled in New Hampshire. The minimum wage will remain at $7.25 per hour unless modified by future federal legislation or state legislative action establishing a separate New Hampshire rate that exceeds the federal minimum.
While various bills have been introduced in the New Hampshire Legislature proposing minimum wage increases—including proposals for rates of $10, $12, and $15 per hour with annual cost-of-living adjustments—none have been enacted into law. The state continues to apply the federal minimum wage rate established in 2009.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
New Hampshire permits employers to pay tipped employees a reduced cash wage, provided that employee tips combined with the cash wage equal at least the full minimum wage.
Cash wage requirement: $3.27 per hour
Maximum tip credit: $3.98 per hour
Total minimum compensation: $7.25 per hour (cash wage + tips)
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 customers receive a base rate from the employer of not less than 45 percent of the applicable minimum wage. This 45 percent calculation yields a cash wage of $3.27 per hour (45% of $7.25).
Who Qualifies as a Tipped Employee
Under New Hampshire law, a “tipped employee” is defined as an employee of a restaurant, hotel, motel, inn, or cabin who customarily and regularly receives more than $30 per month in tips. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel service workers
- Inn and motel hospitality staff
- Cabin service employees
- Delivery drivers who deliver meals prepared in a restaurant to customers’ homes, offices, or other locations
The statute specifically defines “restaurant” as “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.
Employer Obligations for Tipped Workers
Employers who claim a tip credit must:
- Ensure total compensation equals at least $7.25 per hour when cash wages and tips are combined for all hours worked
- Pay the difference if an employee’s tips fail to bring total compensation to the minimum wage—if an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer must pay the employee the difference to guarantee the applicable minimum wage
- Maintain accurate records of employee tips and hours worked as required under RSA 279:27
- Limit tip credit to qualifying employees—only employees meeting the definition of tipped employees working in covered establishments may be paid the reduced cash wage
Tip Pooling and Sharing
New Hampshire law prohibits employers from requiring or coercing employees to participate in tip pooling or tip sharing arrangements. However, employees may voluntarily agree to participate in tip pooling or tip sharing.
Tips are the property of the employees who receive them. Employers may not withhold, divert, or use tips in any manner not allowed by New Hampshire’s minimum wage law. This means employers cannot retain any portion of tips, require employees to share tips with management or supervisors, or use customer tips to satisfy the employer’s minimum wage obligations beyond the permitted tip credit.
Local Minimum Wage Ordinances in New Hampshire
New Hampshire law does not authorize cities and counties to enact their own minimum wage rates that differ from the state minimum wage. All employers in New Hampshire must comply with the uniform statewide rate of $7.25 per hour.
New Hampshire operates under Dillon’s Rule, a principle of state law that limits local government authority to powers explicitly granted by the state legislature. Under this framework, municipalities lack the authority to establish minimum wage rates that exceed the state or federal standard. No cities or counties in New Hampshire have enacted local minimum wage ordinances.
This stands in contrast to several other New England states where municipalities have established higher local minimum wages. For example, cities in Massachusetts, Maine, and Vermont have enacted or considered local wage ordinances. New Hampshire’s uniform statewide approach means that employers operating in multiple locations within the state face consistent wage requirements regardless of geographic location.
The absence of local minimum wage variations simplifies compliance for multi-location employers in New Hampshire. All covered employees throughout the state are entitled to the same $7.25 per hour minimum wage (or $3.27 per hour for qualifying tipped employees), with no need to track varying rates by city or county.
Who Is Covered and Who Is Exempt
Employees Covered by New Hampshire Minimum Wage
New Hampshire minimum wage law covers most private and public sector employees. Unless specifically exempted, covered employees include:
- Private sector workers: Full-time and part-time employees of private businesses engaged in commerce
- Salaried non-exempt employees: Employees paid on a salary basis who do not qualify for overtime exemption under state or federal law
- Hourly employees: Workers compensated on an hourly basis for time worked
- Temporary and seasonal workers: Workers employed for defined periods or seasons
- Minor employees: Workers under age 18, subject to additional restrictions under the New Hampshire Youth Employment Law (RSA 276-A)
- Public employees: State, county, and municipal government employees not otherwise exempt
New Hampshire’s minimum wage law applies broadly to employers and employees engaged in commerce within the state, with coverage extending to most employment relationships not specifically exempted by statute.
Exemptions from Minimum Wage Requirements
The following categories of employees are exempt from New Hampshire minimum wage requirements under RSA 279:21:
Household Labor
Employees engaged in household labor, including domestic workers employed in private homes for tasks such as cleaning, cooking, and general household maintenance, are exempt from minimum wage requirements.
Domestic Labor
Workers performing domestic services are not covered by New Hampshire’s minimum wage law. This exemption applies to individuals providing in-home care, housekeeping, and similar domestic services.
Farm Labor
Agricultural workers and employees engaged in farm labor are exempt from state minimum wage requirements. This exemption reflects the agricultural industry’s seasonal nature and traditional exemption under both state and federal wage laws.
Outside Sales Representatives
Employees whose primary duty is making sales away from the employer’s place of business and who are customarily and regularly engaged away from the employer’s business location are exempt from minimum wage requirements.
Summer Camps for Minors
Employees of summer camps for minors are exempt from the state minimum wage. This exemption recognizes the unique nature of seasonal youth camp employment.
Newspaper Carriers
Individuals engaged in delivering newspapers are exempt from minimum wage requirements under New Hampshire law.
Non-Professional Ski Patrol
Members of non-professional ski patrol teams are exempt from the state minimum wage. This exemption applies to volunteer or minimally compensated ski safety personnel.
Golf Caddies
Individuals working as golf caddies are exempt from New Hampshire minimum wage requirements.
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests under the Fair Labor Standards Act. These exemptions follow federal FLSA standards.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, New Hampshire applies criteria to determine independent contractor status, and misclassification may result in penalties and back wages. The determination of independent contractor status depends on the nature of the working relationship and the degree of control exercised by the hiring party.
Employer Obligations and Enforcement
Employer Compliance Obligations
Employers subject to New Hampshire minimum wage law must:
- Pay the applicable minimum wage of at least $7.25 per hour for all hours worked by non-exempt employees
- Maintain accurate payroll records documenting hours worked and wages paid as required by RSA 279:27
- Display required posters informing employees of minimum wage rates and employee rights
- Issue compliant wage statements showing gross wages, deductions, and net pay pursuant to RSA 275:49
- Provide written notice of wage rates and pay schedules to new hires, including all policies pertaining to fringe benefits
- Maintain records for three years—copies of written notifications for pay and fringe benefits signed by employees must be kept on file
Recordkeeping Requirements: Employers must maintain payroll records for at least three years, including:
- Employee names and addresses
- Hours worked each workday and workweek
- Wage rates and total wages paid each pay period
- All deductions from wages
- Classification of employment when necessary
According to the New Hampshire Department of Labor, every employer must keep a true and accurate record of all hours worked daily by each employee except for employees who are exempt under 29 U.S.C. section 213(a) of the Fair Labor Standards Act.
Enforcement of Minimum Wage Law
The New Hampshire Department of Labor enforces minimum wage requirements in New Hampshire. The agency:
- Investigates wage complaints filed by employees
- Conducts compliance inspections of workplaces
- Issues citations and orders for wage violations
- Collects unpaid wages on behalf of employees
- Assesses civil penalties for violations
- Refers cases for prosecution when appropriate
Filing a Complaint: Employees who believe they have not been paid proper minimum wage may file a complaint with the New Hampshire Department of Labor through:
- Online complaint portal: Report a Wage Complaint
- Phone: (603) 271-3176 or toll-free (800) 272-4353
- Mail: New Hampshire Department of Labor, 95 Pleasant Street, Concord, NH 03301
A wage complaint is information provided to the Department which will be reviewed by the Department of Labor Inspection Division. If the information provided rises to a violation of law falling under the Department’s jurisdiction, the Department may choose to contact the employer via a courtesy call, warning letter, or investigation.
Employees may also file a formal wage claim requesting a hearing. Any employee who is due unpaid wages may file a wage claim within 36 months from when the wages are due. The employer will be made aware of the wage claim and will have the opportunity to respond, and both parties will have an opportunity to appear and be heard at an administrative hearing.
New Hampshire law prohibits retaliation against employees who file wage complaints or cooperate with investigations under the Whistleblowers’ Protection Act (RSA 275-E).
Penalties for Minimum Wage Violations
Employers who violate New Hampshire minimum wage law may be subject to:
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked. Wage claims may be filed within 36 months from when wages were due, allowing recovery of unpaid wages going back three years.
Administrative Penalties: The Department of Labor may assess civil penalties against employers who violate minimum wage requirements. Penalty amounts vary based on the nature and severity of the violation.
Hearing and Determination: When a wage claim proceeds to hearing, a hearing officer will determine whether the employer violated minimum wage law and what remedies are appropriate. The hearing officer may order payment of unpaid wages, assess penalties, and provide other relief.
Interest on Unpaid Wages: Unpaid wages may accrue interest from the date wages were due until payment is made.
Criminal Penalties: Willful violations of wage payment laws may result in criminal prosecution, though such cases are rare and typically reserved for egregious or repeated violations.
Employers found to have violated minimum wage requirements may also face reputational harm and difficulty recruiting employees. The New Hampshire Department of Labor publishes selected wage claim decisions, providing public notice of violations and creating transparency around enforcement actions.
New Hampshire Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act (FLSA) establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate sets a floor for minimum wage requirements nationwide and applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000.
The federal minimum wage applies to employees of enterprises that have annual gross volume of sales or business done of at least $500,000, or to employees individually engaged in interstate commerce or in the production of goods for interstate commerce. The FLSA also covers employees of certain entities regardless of sales volume, including hospitals, institutions caring for the sick or aged, schools, and government agencies.
When State Law Applies
New Hampshire adopts the federal minimum wage rate of $7.25 per hour. For employers covered by both state and federal law, the requirements are identical. New Hampshire law serves primarily to extend minimum wage protection to employers and employees who may fall outside federal coverage, though in practice, most employers and employees are covered by the FLSA.
The New Hampshire statute explicitly provides that “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.” This language ensures that New Hampshire’s minimum wage automatically follows any future increases in the federal minimum wage without requiring separate state legislative action.
Higher Applicable Rate Rule
The fundamental principle governing minimum wage compliance is that employers must pay whichever rate—federal, state, or local—provides employees the highest hourly wage. This rule ensures workers receive maximum protection under applicable law.
Practical Application:
- Identify all minimum wage rates that may apply (federal and state)
- Determine which rates cover the specific employer and employee
- Pay the highest applicable rate
In New Hampshire, because the state adopts the federal minimum wage and no local ordinances establish higher rates, the applicable minimum wage for all covered employees is $7.25 per hour. Employers need only ensure compliance with this single rate, simplifying wage administration compared to states with varying state and local minimum wage requirements.
| Regional Minimum Wage Context | |
|---|---|
| New Hampshire’s minimum wage of $7.25 compared to surrounding states (2026) | |
| State | 2026 Rate |
| New Hampshire | $7.25 |
| Maine | $14.65 |
| Vermont | $14.01 |
| Massachusetts | $15.00 |
| Connecticut | $16.35 |
| New York | $16.50 |
New Hampshire’s rate is significantly lower than all neighboring New England states. The state is the only New England state still at the federal minimum of $7.25 per hour. Vermont ($14.01), Maine ($14.65), Massachusetts ($15.00), Connecticut ($16.35), and New York ($16.50) have all established minimum wages substantially exceeding the federal floor.
This wage differential can affect labor markets in border regions, where workers may seek employment in neighboring states offering higher wages. However, New Hampshire’s lack of state income tax and lower cost of living in some regions may partially offset the wage differential for workers comparing total compensation and purchasing power.
Note: Rates shown are standard minimum wages and may not reflect local or industry-specific variations in other states.
Minimum Wage Posting Requirements
New Hampshire law requires employers to display official labor law notices in conspicuous locations accessible to all employees. These mandatory posters include minimum wage information, employee rights, and contact information for the New Hampshire Department of Labor.
Where to obtain posters:
- Download from New Hampshire Department of Labor Mandatory Posters page
- Request printed copies by calling (603) 271-3176 or toll-free (800) 272-4353
- Available at no charge to New Hampshire employers
Posting locations: The notice must be posted in each workplace location where employees can readily see it, typically near time clocks, in break rooms, at employee entrances, or at other prominent locations frequented by employees.
Compliance: Failure to display required posters may result in citations and penalties from the New Hampshire Department of Labor. Employers must ensure posters remain current and visible at all times. While the federal minimum wage has not changed since 2009, employers should verify annually that they have current versions of all required notices.
Frequently Asked Questions: Minimum Wage in New Hampshire 2026
What is the minimum wage in New Hampshire in 2026?
The minimum wage in New Hampshire is $7.25 per hour as of February 9, 2026. This rate matches the federal minimum wage established under the Fair Labor Standards Act and applies to all covered employers and employees in the state.
When is the next minimum wage increase in New Hampshire?
No minimum wage increases are currently scheduled in New Hampshire. The rate will remain $7.25 per hour unless changed by future federal legislation (which would automatically apply to New Hampshire) or by New Hampshire state legislation establishing a separate state minimum wage exceeding the federal rate.
Does New Hampshire allow tip credit?
Yes, New Hampshire permits employers to pay tipped employees a cash wage of $3.27 per hour (45% of the minimum wage), with up to $3.98 in tip credit, provided total compensation reaches $7.25 per hour. This tip credit applies to employees of restaurants, hotels, motels, inns, and cabins who customarily and regularly receive more than $30 per month in tips.
Are there different minimum wages in different cities in New Hampshire?
No, New Hampshire maintains a uniform statewide minimum wage of $7.25. Local jurisdictions are not authorized to enact different rates. New Hampshire operates under Dillon’s Rule, which limits local government authority to powers explicitly granted by the state legislature, and no municipalities have been granted authority to establish separate minimum wage rates.
Who is exempt from minimum wage in New Hampshire?
Common exemptions from New Hampshire minimum wage include household labor, domestic labor, farm labor, outside sales representatives, summer camps for minors, newspaper carriers, non-professional ski patrol, and golf caddies. Executive, administrative, and professional employees meeting both salary and duties tests under the FLSA are also exempt. Independent contractors are not covered, though misclassification may result in penalties.
What happens if an employer pays below minimum wage in New Hampshire?
Employers who pay below minimum wage face back wage liability for unpaid amounts going back up to 36 months, civil penalties assessed by the Department of Labor, and potential hearing determinations ordering payment and other remedies. Employees can file complaints with the New Hampshire Department of Labor to recover unpaid wages. New Hampshire law prohibits retaliation against workers who report violations.
Do small businesses have to pay minimum wage in New Hampshire?
Yes, all employers in New Hampshire must pay minimum wage regardless of size. Even businesses with one employee must comply with the $7.25 hourly rate if covered by state or federal law. There are no small business exemptions from New Hampshire’s minimum wage requirement, though certain categories of employment are exempt regardless of employer size.
Is New Hampshire’s minimum wage higher than the federal minimum?
No, New Hampshire adopts the federal minimum wage of $7.25 per hour. The state and federal requirements are identical for covered employers. New Hampshire law provides that employers must pay “no less than that set forth in the federal minimum wage law, as amended,” ensuring automatic adoption of any future federal increases.
How often does New Hampshire increase its minimum wage?
New Hampshire’s minimum wage is tied to federal law and does not automatically adjust for inflation or cost of living. Changes require either new federal legislation increasing the federal minimum wage (which would automatically apply to New Hampshire) or state legislation establishing a New Hampshire-specific rate. The minimum wage has remained at $7.25 since 2009.
Can employers pay less than minimum wage during training?
New Hampshire does not authorize a general training wage below minimum wage. However, employers may apply to the Department of Labor for permission to pay employees with less than six months experience in an occupation not less than 75% of the standard minimum wage, subject to approval. The employer must file an application within 10 days of the employee’s hire, and the application must be approved before the reduced rate may be paid.
How to file a minimum wage complaint in New Hampshire
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the New Hampshire Department of Labor. Filing methods include:
- Online portal: Report a Wage Complaint
- Phone: (603) 271-3176 or toll-free (800) 272-4353
- Mail: New Hampshire Department of Labor, 95 Pleasant Street, Concord, NH 03301
The Department of Labor will investigate the complaint and may recover unpaid wages on behalf of the employee. For formal wage claims requesting a hearing, employees may file using the online wage claim form or by contacting the Hearings Bureau at (603) 271-6294. New Hampshire law prohibits employer retaliation against workers who file wage complaints or participate in investigations.
Do remote workers in New Hampshire get the New Hampshire minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in New Hampshire are typically entitled to New Hampshire’s minimum wage of $7.25, even if their employer is based in another state with a higher minimum wage. However, if the employer’s state has laws that extend its minimum wage to remote workers, the higher rate may apply. Employers should consult legal counsel for guidance on multi-state remote work arrangements.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| Sources & Verification — New Hampshire Minimum Wage (2026) | ||
|---|---|---|
| Source | Last Verified | Full URL |
| New Hampshire RSA Chapter 279 | February 9, 2026 | https://www.gencourt.state.nh.us/rsa/html/XXIII/279/279-mrg.htm |
| NH Department of Labor – Minimum Wage | February 9, 2026 | https://www.dol.nh.gov/inspections/wage-and-hour/minimum-wage |
| NH Department of Labor – Wage Complaint Filing | February 9, 2026 | https://www.dol.nh.gov/online-forms/report-wage-complaint |
| NH Department of Labor – Mandatory Posters | February 9, 2026 | https://www.dol.nh.gov/resource-center/mandatory-posters |
| Fair Labor Standards Act (FLSA) | February 9, 2026 | https://www.dol.gov/agencies/whd/flsa |