New Hampshire Overtime Calculator — 2026

Frequently Asked Questions

• What is New Hampshire's overtime threshold in 2026?

  New Hampshire requires overtime pay at 1.5 times the regular rate for all hours worked beyond 40 in a single workweek, matching the federal FLSA standard (RSA 279:21,VIII, as of 2026). There is no daily overtime threshold in NH.

• Does New Hampshire have a daily overtime rule like California?

  No. California requires overtime after 8 hours in a single workday (and double time after 12 hours). New Hampshire has no daily overtime rule — only the 40-hour weekly threshold applies under RSA 279:21,VIII.

• Are seasonal workers exempt from overtime in New Hampshire?

  Seasonal employees at employers that operate fewer than six months per year may be exempt from New Hampshire state overtime requirements (RSA 279:21, as of 2026). However, if the employer meets federal FLSA coverage thresholds, federal overtime protections may still apply regardless of the state exemption.

• Who qualifies as exempt from overtime in New Hampshire?

  NH recognizes the standard FLSA exemptions: executive, administrative, and professional employees earning at least $684/week (the 2019 rule level, restored in 2024), certain computer professionals, outside sales employees, and highly compensated employees ($107,432/year). Additionally, seasonal workers at NH employers operating fewer than 6 months/year may be exempt under NH state law.

• How is overtime calculated for tipped employees in New Hampshire?

  Tipped employees earn overtime at 1.5 times their full regular rate of pay, which must be at least $7.25/hr when tips are included. The overtime multiplier is applied to the full $7.25 minimum (or higher actual rate), not just the $3.27/hr tipped base wage.

• Can my New Hampshire employer average hours over two weeks to avoid overtime?

  No. Both RSA 279:21,VIII and the federal FLSA require overtime to be calculated on a single-workweek basis. Employers cannot average hours over two or more workweeks to avoid crossing the 40-hour threshold.

• Do salaried employees get overtime in New Hampshire?

  Salaried employees classified as non-exempt must receive overtime just like hourly workers. Whether a salaried employee is exempt depends on the FLSA duties test and salary threshold ($684/week). NH law also requires salaried employees to receive their full salary in any week they perform any work, with limited exceptions.

• Can my New Hampshire employer give comp time instead of overtime pay?

  Private-sector employers in New Hampshire cannot substitute compensatory time off for overtime pay. Both federal FLSA and NH RSA 279 require cash payment at 1.5 times the regular rate for overtime hours worked.

• What happens if my New Hampshire employer doesn't pay overtime?

  You can file a wage claim with the New Hampshire Department of Labor at labor.nh.gov. Remedies include back pay for all unpaid overtime, and potentially double damages (liquidated damages) for willful violations. Federal FLSA claims can also be filed with the U.S. DOL Wage and Hour Division.

• What is the statute of limitations for an overtime claim in New Hampshire?

  New Hampshire wage claims under RSA 275:51 have a 3-year statute of limitations. Federal FLSA overtime claims generally have a 2-year limit, extended to 3 years for willful violations. It is best to file as soon as possible to preserve your rights.