New Hampshire Final Paycheck Law — deadline calculator

Frequently Asked Questions

• What is New Hampshire's final paycheck law?

  RSA 275:44 requires employers to pay all earned wages within specific timeframes after employment ends. Fired employees must be paid within 72 hours of discharge. Employees who resign with at least one full pay period's advance notice also receive wages within 72 hours. Employees who quit without sufficient notice or who are laid off receive payment by the next regular payday.

• How long does a New Hampshire employer have to issue a final paycheck after firing an employee?

  72 hours. Under RSA 275:44, when an employer discharges (fires) an employee, wages must be paid in full within 72 calendar hours of termination. This 72-hour window starts from the exact moment of discharge — not from the start of the next business day.

• 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). For example, if $500 in wages are 5 qualifying days late, the penalty is $250 in addition to the wages owed.

• Does the 72-hour rule mean business hours or calendar hours?

  Calendar hours. The 72-hour clock runs continuously from the time of termination — weekends, nights, and holidays do not pause the clock. An employer who fires an employee at 3 PM on Friday must issue final pay by 3 PM Monday at the latest.

• Does my employer have to pay me for unused vacation time in my final paycheck?

  New Hampshire law does not automatically require vacation payout. However, if your employer's policy or employment agreement treats accrued vacation as earned wages, those hours must be included in the final paycheck. Review your employee handbook or employment contract to determine whether your vacation is vested compensation.

• I quit my job — when will I receive my final paycheck?

  It depends on whether you gave advance notice. If you gave at least one full pay period's notice before your last day, your employer must pay within 72 hours of your last day. If you gave less than one pay period's notice, your employer has until the next regular scheduled payday.

• Is New Hampshire's final paycheck law stricter than federal law?

  Yes, significantly. The federal FLSA sets no specific deadline for final paychecks — only that wages be paid on the next regular payday. New Hampshire adds a 72-hour rule for discharges and qualifying resignations, plus a 10% per-day penalty for willful violations. These state protections apply in addition to (and independent of) federal law.

• Can my employer deduct money from my final paycheck for damaged equipment or unreturned items?

  Generally, no. Under RSA 275:48, deductions from wages require the employee's written authorization. Employers cannot unilaterally subtract amounts for alleged property damage, unreturned tools, or equipment without separate written authorization — and in many cases, a court judgment would be required. Unauthorized deductions may themselves constitute a wage violation.

• How do I file a final paycheck complaint in New Hampshire?

  File a wage claim with the New Hampshire Department of Labor at dol.nh.gov or call 603-271-3176. The statute of limitations for wage claims is generally 3 years. The DOL can investigate, order payment of unpaid wages, and impose penalties. You may also pursue a private lawsuit in NH superior court to recover wages plus interest and legal fees.

• My employer says they'll mail my final paycheck — does that satisfy the 72-hour deadline?

  The check must be delivered (received) within the 72-hour window, not merely postmarked. Sending a check in the mail on the 72nd hour is risky and may not satisfy the statute. The safest practice is electronic direct deposit or in-person delivery before the deadline expires.