(650) 332-8623New Hampshire Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
New Hampshire labor laws for employers: minimum wage, overtime, breaks, child labor & compliance rules. Updated for 2026.
What’s new in 2026?
New Hampshire labor laws: breaks
30 minutesMeal break (5+ hours)
New Hampshire break laws require a 30-minute meal break after 5 consecutive hours.
Exception: the employee may skip the break if they can eat while working and the employer pays for that time.
Governed by RSA 275:30-A.
No requirementsPaid rest breaks
New Hampshire break laws, like federal law, do not require paid rest breaks. If an employer voluntarily offers breaks of 20 minutes or less, those must be paid under the FLSA. NH has no state mandate beyond the meal break and lactation accommodation.
Lactation / Nursing Break Law (RSA 275:78–83) – In effect since July 1, 2025
The obligation started July 1, 2025. Employers with 6+ employees must comply now. Civil penalty enforcement begins July 1, 2026.
The lactation break law NH enacted under HB 358 requires employers with 6 or more employees to give nursing employees approximately 30 minutes of unpaid break time per 3 hours worked. This applies for up to one year after childbirth.
What the law requires:
- A private, clean space—not a bathroom—shielded from view and free from intrusion
- The space must be within reasonable walking distance of the worksite
- An electrical outlet and chair should be provided where feasible
- Employer must adopt a written lactation accommodation policy and give it to all new employees at hire
- Employee must give at least 2 weeks’ advance notice of the need for accommodation
- Employers may apply for an undue hardship exemption based on business size and resources
NH law supplements the 2022 federal PUMP Act. The PUMP Act covers employers with 15+ employees; NH’s law extends protections to employers with as few as 6. For construction contractors, this means even small crews must be ready to comply.
Full text: RSA 275:78–83 — NH General Court.
New Hampshire leave and paid time off (PTO)
Construction employers with 50 or more employees within 75 miles of a worksite must comply with New Hampshire FMLA rules. Eligible crew members and office staff get up to 12 weeks of unpaid, job-protected leave per 12-month period.
Eligibility requirements:
- Worked for the same employer for at least 12 months
- Worked more than 1,250 hours over the previous 12 months
- The employer has 50 or more employees within 75 miles of the employee’s worksite
FMLA leave applies to:
- Serious personal illness or injury
- Caring for an ill or injured family member
- Birth, adoption, or foster placement of a child
- Qualifying military exigency
- Care for an injured military family member (up to 26 weeks)
After leave, the employee must be restored to their original or equivalent position.
Employers with 20 or more employees must comply as of January 1, 2026. Up to 25 hours of unpaid, job-protected leave per year for childbirth-related appointments in the first year after birth or adoption (HB 2, signed June 27, 2025). This is the key New Hampshire parental leave 2026 requirement.
Covered leave purposes:
- The employee’s own medical appointments for childbirth or postpartum care
- The employee’s child’s pediatric medical appointments in the first year of birth or adoption
Key provisions:
- Covers full-time and part-time employees; excludes temporary and seasonal workers
- If both parents work for the same employer, they share the 25-hour annual entitlement
- Employees may substitute any accrued vacation or paid leave at their sole discretion
- Salaried employees: pay generally cannot be deducted for PML absences if any work is performed that pay period (RSA 275:43-b)
- Employee must give reasonable advance notice and make reasonable efforts to schedule leave with minimal disruption
- Employer may request reasonable documentation
- Job protection: employee must be restored to the same or equivalent position upon return
- This leave is in addition to any FMLA entitlement and does not count against the FMLA 12-week limit
Full text: RSA 275:37-f — NH General Court.
Under HB 64 (Part II), NH employers with 50 or more employees at a single NH location must provide unpaid, job-protected leave.
It covers employees whose spouse is involuntarily mobilized for military service lasting up to one year and one day. Employees must be restored to the same or equivalent position upon return.
NH has no mandatory paid sick leave. Construction employers are not required to provide it. If you offer sick leave, your employment contracts govern it. Notify workers of any changes in writing.
NH maintains a voluntary Paid Family and Medical Leave (NH PFML) insurance program. It is not a mandate. Employers with 50 or more employees must facilitate payroll deductions for workers who opt into the individual plan. Coverage provides up to 6 weeks per year for qualifying life events including birth, adoption, and serious family illness.
See NH DOL Laws and Rules for enrollment details.
NH does not require employers to offer vacation benefits. Most construction employers offer them anyway as part of employment agreements. If vacation is in a contract, you must honor it. Withholding promised vacation is a breach of contract.
New Hampshire wages and overtime
$7.25 /hourMinimum wage
New Hampshire wage laws set the floor at $7.25/hr, matching the federal FLSA rate. Unchanged since 2009. No state increase mechanism.
1.5xOvertime rate
Under New Hampshire overtime laws, employers must pay 1.5x the regular rate for all hours over 40 in a workweek. (RSA 279:21)
$3.27 /hourTipped minimum wage
The New Hampshire tipped wage is $3.27/hr. Employers may apply a tip credit up to $3.98/hr. If tips don’t cover the gap to $7.25, the employer pays the difference.
Weekly / biweeklyPay frequency
NH employers must pay employees on a weekly or biweekly basis under RSA 275:43. Semi-monthly pay does not satisfy this requirement.
NH labor laws preempt local wage ordinances. No city or county may set a New Hampshire minimum wage higher than the state (federal) rate. The minimum wage is $7.25/hr statewide.
Several worker categories are exempt from NH minimum wage requirements. Construction employers should note that most trade workers do not qualify for any exemption. The New Hampshire minimum wage floor applies to virtually all construction roles.
The exemptions are narrow:
- Employees engaged in farm labor
- Newspaper carriers
- Employees engaged in household labor
- Golf caddies
- Outside sales representatives
- Employees at summer camps for minors
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New Hampshire prevailing wages
New Hampshire does not have a state prevailing wage law. However, employers working on federally funded or government projects may be required to pay wage rates under federal standards.
NH prevailing wage resources:
- Davis-Bacon and Related Acts – applies to federal or federally assisted construction contracts over $2,000
- Walsh-Healey Public Contracts Act (PCA) – applies to federal supply contracts over $15,000
- McNamara-O’Hara Service Contract Act (SCA) – applies to federal service contracts over $2,500
Construction contractors working on NH state projects should also verify contract-specific wage schedules with the contracting agency.
NH child labor laws
New Hampshire child labor laws set strict hour and time-of-day limits by age. Construction employers hiring minors, even in non-hazardous roles like cleanup or material handling, must follow these rules.
14 and 15 years
Laws in New Hampshire for children 14 and 15 years
If you run a jobsite or yard that employs 14- and 15-year-olds, these hour limits apply:
- Up to 3 hours per day, 23 hours per week
- Only between 7 a.m. and 7 p.m.
When school is not in session, they may work:
- Up to 8 hours per day, 48 hours per week (no more than 6 days/week)
- Between 7 a.m. and 9 p.m. from June 1 through Labor Day
16 and 17 years
Laws in New Hampshire for children 16 and 17 years
Under New Hampshire child labor laws, minors aged 16 and 17 can work on NH jobsites within these limits. During the school year, they may not work during school hours. Their weekly cap is 30 hours. They may work up to 8 hours per night for up to 6 consecutive days.
When school is not in session, they may work up to 8 hours per day and 48 hours per week.
Minors not enrolled in school may work up to 8 hours at night for up to 6 consecutive days. The weekly cap is 54 hours.
For minors working in manufacturing, mechanical, or manual roles, shifts may not exceed 10¼ hours per day.
Other essential New Hampshire labor laws
Health and safety standards in New Hampshire
NH has no state OSHA plan. Private-sector construction employers, including general contractors, specialty trades, and subcontractors, are governed by federal OSHA. Public-sector employees fall under the Safety & Training Division of the NH Department of Labor. Federal OSHA standards apply to every NH jobsite regardless of project size or contract type.
In New Hampshire, employers must:
- Keep the worksite free from recognized hazards likely to cause serious physical harm or death
- Keep tools, materials, and machinery in compliance with applicable safety standards
- Train workers to identify, prevent, and eliminate workplace hazards
In New Hampshire, employees should:
- Report unsafe conditions and all incidents immediately to a supervisor or manager
- Follow all company safety and health regulations
- Attend all required safety training programs
Report health and safety violations in New Hampshire to:
- Employees: Occupational Safety and Health Administration (OSHA)
- Employers: NH Department of Labor
Whistleblower Laws
NH employees who report workplace violations are protected under RSA 275-E:2 of the Whistleblower Protection Act. Employers cannot harass or terminate employees for reporting violations.
The Whistleblower Act also protects employees against termination due to:
- Refusal to participate in illegal activities
- Reporting workplace violations
- Refusal to break state or federal laws
- Participation in an open investigation regarding workplace violations
Social Media Law
NH labor laws prohibit employers from asking employees for information regarding their social media accounts for the purpose of assessment. This includes:
- Passwords
- Usernames
- Authentication information
Hiring/firing employees in New Hampshire
New Hampshire at-will employment means employers can terminate workers at any time, for any lawful reason, without advanced notice. The key exceptions are discriminatory terminations, retaliatory terminations, and terminations that violate company policies approved by the commissioner.
New Hampshire is not a right-to-work state. Employers may require employees to join a union or remain union members as a condition of employment.
NH employers are not required to run background checks on most hires. For certain roles, checks are mandatory by law. Construction employers running youth programs, school-site jobs, or camp projects should pay close attention to the list below:
- Foster care agency personnel
- Nursing home personnel
- School and daycare personnel
- Residential and children’s camp personnel
Effective January 1, 2025, HB 1038 prohibits registered sex offenders from working at any business providing direct services to minors or supervising them. Construction contractors on school sites or youth program sites should verify their screening processes comply.
Effective January 1, 2025, HB 1336 (RSA 159-D) introduced two distinct rules with different coverage thresholds.
Rule 1: Vehicle-Search Prohibition – All NH Employers
- No employer may search an employee’s personal vehicle for firearms or ammunition
- No employer may ask whether firearms are stored in a vehicle
- No employer may take adverse action against an employee who stores firearms lawfully
Rule 2: Storage and Ban Rule – Covered Employers Only (those receiving state or federal public funds)
- May not prohibit employees from storing legally owned firearms in their locked personal vehicles on company property
- Firearms must be kept out of sight
- Employers retain the right to ban firearms inside the workplace, in company-owned or leased vehicles, and on an employee’s person
- Employers are immune from civil liability for any loss, injury, or death arising from an employee’s compliance with this law
Construction contractors on state or federally funded jobsites are likely covered by both provisions.
Any NH construction employer with 6 or more employees must comply with the New Hampshire Law Against Discrimination (NHLAD). This covers hiring, firing, pay, and working conditions.
Anti-discrimination laws in New Hampshire
NH employers may not discriminate against job applicants or employees based on:
- Age
- Sex
- Marital status
- Race
- Religious creed
- Gender identity
- National origin
- Physical or mental disability
- Sexual orientation
Expanded Veteran Hiring Preferences (HB 64, eff. August 22, 2025)
NH private employers may now adopt a written hiring preference for veterans, active-duty service members, and military spouses. HB 64 expanded the eligible pool — spouses and all active-duty members now qualify, regardless of service length.
If you bid on NH state contracts, a procurement preference also applies to disabled veteran-owned and military spouse-owned businesses.
Employee resignation or termination in New Hampshire
New Hampshire at-will employment applies here, too. Under New Hampshire labor laws, employers may terminate for any lawful, non-retaliatory, non-discriminatory reason. Exceptions include:
- Terminations that violate required levels of absence
- Terminations that violate labor laws
- Terminations that violate company policies approved by the commissioner
For large layoffs involving 25 or more employees, employers must notify the New Hampshire Department of Employment Security. This applies whether the layoffs are temporary or permanent.
Unemployment benefits in New Hampshire
NH workers laid off from construction jobs may qualify for unemployment benefits. Eligibility requires all of the following:
- Became unemployed through no fault of their own, as defined by NH law
- Are actively seeking new employment
- Earned at least $2,800 in the entire base period
- Earned at least $1,400 in each of two quarters of the base period
File at: NH Employment Security. Review eligibility requirements before filing.
COBRA benefits in New Hampshire
Workers who lose health coverage after leaving a construction job can extend it through COBRA for up to 18 months. Qualifying events include layoffs, terminations, and reductions in hours. Termination for gross misconduct does not qualify. NH runs its own version of the federal COBRA law.
Final paychecks in New Hampshire
The New Hampshire final paycheck law (RSA 275:44) sets different deadlines depending on how employment ends:
- Employee quits: final paycheck due on the next regular payday
- Employer terminates: final paycheck must be paid within 72 hours
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NH recordkeeping requirements
NH construction employers must keep payroll and employment records per the NH DOL recordkeeping requirements. Retention periods depend on the record type:
1 Year
Employers must retain these documents for at least one year:
All employment and personnel records, retained from the date of the employee’s termination (per EEOC guidelines)
2 years
Employers must retain these documents for at least two years:
- Timecards
- Job evaluations
- Wage rates and wage rate tables
- Collective bargaining agreements
- Seniority and merit systems
- Wage addition and deduction records
- Shipping and billing records
3 years
Employers must retain these documents for at least three years:
- Payroll records
- Employment contracts
- Certificates, notices, and agreements
- Collective bargaining agreements
- Sales and purchase records
- I-9 forms
Penalties for labor law noncompliance in New Hampshire
Up to $2,500Civil penalty per violation
Employers violating NH wage, break, or leave laws face civil monetary penalties. Workers’ compensation noncompliance carries a $2,500 penalty plus $100 per employee per day.
Up to $2,500Lactation Break Law Penalty (RSA 275:82) per violation
Starting July 1, 2026, the NH Labor Commissioner may issue a one-time civil fine of up to $2,500 per violation. The fine is not per day or per employee. It is assessed once per violation. Employers may appeal any penalty under RSA 273:11-c.
In New Hampshire, labor law violations are investigated and addressed by the New Hampshire Department of Labor, Inspection Division, also referred to as the NH labor board.
Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
- Nebraska Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
- Iowa Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
- Connecticut Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
- California Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2026
- Alaska Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
The Bottom Line
Three thresholds determine most of your compliance exposure in New Hampshire. Six employees triggers lactation break obligations. Twenty triggers parental appointment leave. Fifty triggers FMLA and military spouse leave. Miss a threshold and you’re liable before you know it.
The rest is straightforward: $7.25/hr minimum wage, 1.5x overtime after 40 hours, weekly or biweekly pay, and at-will employment. NH doesn’t mandate paid sick leave or vacation. Final paychecks are due on the next payday if a worker quits, within 72 hours if you terminate.
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$7.25 per hour. That’s the New Hampshire minimum wage in 2026, the same as the federal FLSA floor. NH has no mechanism to raise it above the federal rate. It has been $7.25 since 2009. Tipped employees have a minimum cash wage of $3.27/hr, with a tip credit up to $3.98.
Yes. New Hampshire is an at-will employment state. Employers can terminate employees at any time for any lawful reason. Exceptions include discriminatory terminations, retaliatory terminations, and terminations that violate NH law or company policies approved by the commissioner.
More than 5 consecutive hours triggers a mandatory 30-minute meal break. That’s the core of New Hampshire break laws for most workers. No additional paid rest breaks are required.
If a worker can eat while working, the break can be skipped. But that time must be paid. Nursing employees at employers with 6+ employees get approximately 30 minutes per 3 hours worked under the lactation break law.
NH law does not define “full time” employment. Whether 32 hours is full time depends on the employer’s own policy and contracts. Federal overtime requires 1.5x pay for all hours over 40 per week, regardless of how an employer defines full time.
No. New Hampshire does not mandate paid sick leave for private-sector employees. NH maintains a voluntary Paid Family and Medical Leave (PFML) insurance program for employers who choose to participate. Employers with 50+ employees must facilitate payroll deductions for employees who opt into the individual plan.
Under New Hampshire overtime laws (RSA 279:21), employers must pay 1.5x the regular rate for all hours over 40 per workweek. There is no daily overtime threshold in NH. Track weekly totals: a crew member working 6 days at 8 hours triggers 8 hours of overtime.
New Hampshire child labor laws are strict on hours and timing. Construction employers should verify the role before scheduling any minor under 16 on a jobsite. During the school year, 14- and 15-year-olds are capped at 3 hours per day and 23 hours per week.
Work must fall between 7 a.m. and 7 p.m. When school is out, they may work up to 8 hours per day and 48 hours per week. In summer, evening hours extend to 9 p.m.
The NH minimum wage for tipped employees is $3.27 per hour. Employers may apply a tip credit of up to $3.98/hr. If tips don’t bring the employee to $7.25/hr, the employer must make up the difference.
NH employers must retain personnel records for 1 year after termination. Timecards and wage records must be kept for 2 years. Payroll records, employment contracts, I-9 forms, and sales records must be kept for 3 years. These requirements align with the federal Fair Labor Standards Act. The NH Department of Labor, Inspection Division enforces compliance.
Two laws took effect in 2026 that most NH construction employers haven’t budgeted for yet. Three more took effect in 2025. Here’s the full list:
- January 1, 2025: Firearms (HB 1336) – vehicle-search ban covers all NH employers; storage/ban rule covers employers receiving public funds.
- January 1, 2025: Sex offender employment restriction for minors (HB 1038).
- July 1, 2025: Lactation/nursing break law – applies to employers with 6+ employees. Requires approximately 30-min break per 3 hours for nursing employees, plus a private space and written policy.
- August 22, 2025: Expanded veteran hiring preference (HB 64) – now includes military spouses and active-duty service members.
- January 1, 2026: Parental Medical Appointment Leave (RSA 275:37-f) – 25 hrs/year unpaid leave, employers with 20+ employees, childbirth-related appointments.
- January 1, 2026: Military spouse leave (HB 64 Part II) – unpaid, job-protected; employers with 50+ employees at one NH location.
