New Hampshire Employment Law — full calculator

Preguntas frecuentes

• Does New Hampshire require daily overtime like California?

  No. New Hampshire follows the federal FLSA overtime rule: overtime pay at 1.5× the regular rate applies to all hours worked over 40 in a workweek. NH does not require daily overtime. One exception: seasonal employees of employers that operate fewer than 6 months per year are exempt from state overtime, though the FLSA may still apply.

• When must a New Hampshire employer issue a final paycheck?

  Under RSA 275:44, if an employee is fired, wages are due within 72 hours of discharge. If an employee quits with at least one full pay period's advance notice, wages are also due within 72 hours. If an employee quits without sufficient notice or is laid off, wages are due by the next regular payday.

• What is the penalty for a late final paycheck in New Hampshire?

  A willful failure to pay wages on time triggers a penalty of 10% of the unpaid wages for each overdue day, excluding Sundays and New Hampshire legal holidays (RSA 275:44). Employees can file a wage claim with the NH Department of Labor or sue in superior court.

• Are non-compete agreements enforceable in New Hampshire?

  Non-compete agreements are void and unenforceable for 'low-wage employees' — those earning $14.50/hr or less (200% of the $7.25 federal minimum wage), under RSA 275:70-a (effective 2023). For higher-wage employees, non-competes may be enforceable if the employer provided a copy before the job offer was accepted and the agreement is reasonable in scope, duration, and geographic reach.

• Does New Hampshire require meal breaks?

  Yes. Under RSA 275:30-a, any employee working more than 5 consecutive hours must receive a 30-minute meal break. The break is unpaid if the employee is fully relieved of duties. If the employee must eat while continuing to work, the break time is paid. New Hampshire does not require paid rest breaks, but federal law requires any short break of 20 minutes or less to be compensated.

• What is the minimum wage for tipped workers in New Hampshire?

  Under RSA 279:21, tipped employees in qualifying industries (restaurants, hotels, motels, inns, and cabins) who regularly receive more than $30/month in tips may be paid a cash wage of $3.27/hr — 45% of the $7.25 minimum wage. The maximum tip credit is $3.98/hr. If tips plus the cash wage do not reach $7.25/hr, the employer must make up the difference. This $3.27 cash wage is significantly higher than the federal FLSA tipped minimum of $2.13/hr.

• Does New Hampshire have a state-mandated paid sick leave law?

  No. New Hampshire does not have a statewide paid sick leave mandate as of 2026. Whether employees receive paid sick leave depends entirely on employer policy or collective bargaining agreements. Employers with 25 or more employees that voluntarily offer sick leave must allow employees to use it to care for a family member under RSA 275.

• What is New Hampshire's minimum wage in 2026?

  New Hampshire's standard minimum wage is $7.25 per hour in 2026, which matches the federal FLSA floor. The state has not enacted a higher general minimum wage. For tipped employees in qualifying industries, the minimum cash wage is $3.27/hr (45% of $7.25), which is higher than the federal tipped minimum of $2.13/hr.

• Can a New Hampshire employer require a non-compete without advance disclosure?

  No. Under RSA 275:70, an employer must provide a copy of any non-compete agreement to an employee before they accept a job offer. A non-compete that was not disclosed before the offer acceptance is unenforceable regardless of the employee's pay level.

• Where can New Hampshire employees file a wage complaint?

  Employees can file a wage claim with the New Hampshire Department of Labor at dol.nh.gov or by calling 603-271-3176. Claims for unpaid wages typically must be filed within 3 years. Employees may also file a private lawsuit in NH superior court to recover unpaid wages plus interest and attorneys' fees.