New Hampshire Employment Law — full calculator

Frequently Asked Questions

• What are New Hampshire's overtime rules?

  New Hampshire applies the federal FLSA overtime standard: 1.5 times regular pay for all hours worked over 40 in a workweek (RSA 279:21,VIII, as of 2026). There is no daily overtime threshold in NH. Seasonal employees at employers operating fewer than 6 months per year may be exempt from NH state overtime rules.

• When must New Hampshire employers issue a final paycheck?

  Under RSA 275:44, employers must pay within 72 hours when an employee is fired or quits with at least one pay period's notice. If an employee quits without notice or is laid off due to a labor dispute, the employer must pay by the next regular scheduled payday (as of 2026).

• Are non-compete agreements enforceable in New Hampshire?

  Non-compete agreements are banned for low-wage employees earning $14.50/hr or less (200% of the $7.25 federal minimum wage) under RSA 275:70-a (as of 2026). For higher-wage employees, RSA 275:70 requires the employer to provide a copy of the agreement before the employee accepts the job offer. Agreements not disclosed before acceptance have weaker legal standing.

• Does New Hampshire require meal breaks?

  Yes. RSA 275:30-a requires employers to grant a 30-minute meal break to any employee who works more than 5 consecutive hours, unless it is feasible for the employee to eat while working and the employer permits it. The break is unpaid only if the employee is completely relieved of all duties. NH does not mandate paid rest or coffee breaks.

• What is the minimum wage in New Hampshire in 2026?

  New Hampshire's standard minimum wage is $7.25/hr, equal to the federal floor (RSA 279:21, as of 2026). Tipped employees at restaurants, hotels, motels, inns, and cabins may be paid a base wage of $3.27/hr (45% of $7.25) — but total pay including tips must reach at least $7.25/hr. NH's $3.27/hr tipped base is higher than the FLSA federal tipped floor of $2.13/hr.

• What is the tipped minimum wage in New Hampshire?

  New Hampshire allows qualifying tipped employees to be paid a base of $3.27/hr (45% of the $7.25 standard minimum, as of 2026). This applies to employees at restaurants (including food delivery), hotels, motels, inns, and cabins who customarily and regularly receive more than $30/month in tips. Employers must top up wages if tips do not bring total compensation to $7.25/hr.

• Does New Hampshire have mandatory paid sick leave?

  No. As of 2026, New Hampshire has no statewide law mandating paid sick leave for private-sector employees. Whether sick leave is provided — and on what terms — is determined by employer policy. Employers with 25 or more employees that voluntarily offer sick leave must allow employees to use it to care for family members under RSA 275, but the initial provision of sick leave remains discretionary.

• What penalties can a New Hampshire employer face for wage violations?

  Employers who willfully fail to pay wages on time — including final paychecks — may be subject to double damages (the unpaid amount plus an equal penalty) and civil penalties assessed by the NH Department of Labor. Employees can file a wage claim at labor.nh.gov. A 3-year statute of limitations applies to NH wage claims (RSA 275:51).

• Can an employer in New Hampshire use comp time instead of overtime pay?

  Private-sector employers in New Hampshire cannot substitute compensatory time off for overtime pay. Both the federal FLSA and NH RSA 279 require cash payment at 1.5 times the regular rate for overtime hours. Only certain state and local government employers may use comp-time arrangements under FLSA Section 7(o).

• Where can I file a wage complaint in New Hampshire?

  File a wage claim with the New Hampshire Department of Labor at labor.nh.gov. You can also contact the U.S. Department of Labor Wage and Hour Division (dol.gov/whd) for federal FLSA claims. There is a 3-year statute of limitations for NH wage claims and generally a 2-year limit (3 years for willful violations) for FLSA claims.