(650) 332-8623New Hampshire Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
In this article, we’ll dive deep into New Hampshire’s labor laws, with details on all the important aspects of the state’s regulations on your employees.
New Hampshire Meals and Breaks
30 MinutesFor Lunch Breaks
New Hampshire is one of the few states in the U.S. that requires employers to provide a meal break. According to New Hampshire labor laws, employers must allow a 30-minute meal break for any employee working more than five consecutive hours.
The only exception is when the employee can eat and work simultaneously. The employer must reimburse the employee for all hours worked, including meal times.
No RequirementsFor Rest Breaks
New Hampshire labor laws, like federal laws, don’t require employers to provide other paid breaks for their employees.
If an employer chooses to provide paid break time, it is up to their discretion to reimburse the employees for the time spent on breaks.
New Hampshire Leave and Paid Time Off (PTO)
The FMLA covers all federal employees. Under the law, any employee, including those working in New Hampshire, can request unpaid family or medical leave for a period not exceeding 12 months. After the leave, employees can return to their original position.
Under the Act, employees can request family or medical leave for a variety of reasons, including:
- Dealing with extenuating circumstances due to an illness
- Caring for an ailing family member
- Caring for an injured or sick family member in the military
An employee must meet the following requirements to be eligible for a family or medical leave under the FMLA:
- Worked for the same employer for at least 12 months
- Worked more than 1,250 hours for the same employer over the previous year
- Be working for an employer with at least 50 employees. If the employer has several locations, the locations must have more than 50 employees within 75 miles of the covered employee’s primary workplace.
FMLA has several exceptions. For instance, employees caring for an injured military family member only get 26 weeks of leave every 12 months. The law also offers other provisions for sick leave if an employee experiences:
- Disability emanating from childbirth
- Disability concerning childbirth, or
- Any medically related condition preventing them from working
New Hampshire labor laws don’t require employers to provide sick leave benefits. If an employer chooses to provide these benefits, it must be per their employment contracts or established benefits.
Additionally, employers must inform their employees of their defined stances, and regarding any changes to sick leave pay or other fringe benefits.
New Hampshire employees must follow federal regulations on sick leave. Under the Family and Medical Leave Act (FMLA), employers must provide unpaid sick leave to their employees.
New Hampshire doesn’t have any laws requiring employers to offer vacation benefits, whether paid or unpaid. The state has also not given any further guidance on potential changes in its stance on vacation policies.
Some employers choose to offer vacation benefits, both paid and unpaid, as part of their employment contracts.
If an employer includes vacation benefits as part of their employment agreements, they’re legally required to give this benefit to employees. Failure to provide these benefits could be seen as a breach of contract and a potential legal liability.
New Hampshire Wages and Overtime
$7.25 /hourMinimum Wage
The minimum wage in New Hampshire stays at $7.25 an hour in 2025, the same as the federal minimum wage.
1.5x HourlyOvertime Rate
Under New Hampshire labor laws, employers must pay employees who work more than 40 hours a week a rate of 1.5 times their regular pay.
$3.27 /hourTipped Minimum Wage
For tipped employees in New Hampshire, the minimum wage is $3.27 per hour. Employers may have a tip credit of up to $3.98.
2x MonthlyPay Frequency
Employers in New Hampshire can pay employees on a weekly or biweekly basis.
Exemptions to New Hampshire’s minimum wage requirements include:
- Employees engaged in farm labor
- Newspaper carriers
- Employees engaged in household labor
- Golf caddies
- Outside sales representatives, and
- Employees at summer camps for minors
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New Hampshire Prevailing Wages
New Hampshire doesn’t have any laws governing wage rates in the state. However, employers may be required to pay their employees wage rates established by federal standards under certain circumstances.
Additionally, employees may be eligible for prevailing wages if they work on government or government-funded projects or perform certain government services.
New Hampshire Prevailing Wage Resources
- Davis-Bacon and Related Acts
- Walsh-Healey Public Contracts Act (PCA)
- McNamara-O’Hara Service Contract Act (SCA)
NH Child Labor Laws
14 and 15 Years
Laws in New Hampshire for children 14 and 15 years
Minors aged 14 and 15 years can only work up to three hours a day and a maximum of 23 hours per week when school is in session. Their work hours should only be between 7 a.m. and 7 p.m.
When school is not in session, they may work up to eight hours per day and up to 48 hours per week, but no more than six days per week. They can also work between 7 a.m. and 9 p.m. between June 1 and Labor Day.
16 and 17 Years
Laws in New Hampshire for children 16 and 17 years
Minors 16 and 17 years of age are not allowed to work during school hours, and their work hours should not go beyond 30 hours per week when school is in session. But they can work at night for up to eight hours and up to six consecutive days.
When school is not in session, they can work up to eight hours per day and up to 48 hours per week.
Minors who are not enrolled in school can work up to eight hours at night for up to six consecutive days and up to 54 hours per week.
For minors working in manufacturing and doing mechanical and manual work, shifts should not exceed 10 ¼ hours per day.
Other Essential New Hampshire Labor Laws
Health and Safety Standards in New Hampshire
New Hampshire doesn’t have a state plan concerning occupational safety. The state’s safety measures are governed by federal OSHA regulations.
That said, New Hampshire has some laws protecting employees’ health and safety. However, since these laws don’t meet or exceed federal standards, they aren’t necessarily recognized by OSHA.
As a result, most private-sector employees are protected by federal OSHA regulations. However, public-sector employees are not protected under OSHA regulations and are under the protection and jurisdiction of the Safety & Training Division of the New Hampshire Department of Labor.
In New Hampshire, employers must…
- Ensure the workplace is free from recognized hazards that may potentially cause serious physical harm or death to employees.
- Keep materials, tools, and machinery in compliance with helth and safety standards
- Provide training to employees on how to identify, prevent, and eliminate potential hazards in the workplace
In New Hampshire, employees should…
- Report unsafe conditions and all incidents and accidents immediately to the supervisor or manager.
- Follow all safety and health regulations of the company.
- Attend all required safety training programs.
Report health and safety violations (unsafe working conditions) in New Hampshire to…
- Employees: Occupational Safety and Health Administration
- Employers: New Hampshire Department of Labor
Hiring/Firing Employees in New Hampshire
As an at-will employment statement, employees in New Hampshire without a written contract can be terminated at any time for any reason, as long as the reason is not discriminatory and retaliatory.
New Hampshire is not a right-to-work state. Employers can require applicants and employees to join a union or remain union members.
New Hampshire allows employers to perform background checks when hiring new employees. However, all screenings and checks should be conducted in accordance with the Equal Employment Opportunity Commission (EEOC) and the Fair Credit Reporting Act.
Although businesses are not legally required to perform background checks on job applicants, some professions that require background checks in New Hampshire include:
- Foster care agency personnel
- Nursing home personnel
- School and daycare personnel, and
- Residential and children’s camp personnel
New Hampshire is an Equal Employment State and has state and federal laws that prohibit workplace discrimination.
Anti-Discrimination Laws in New Hampshire
Any employer with six or more employees must follow the New Hampshire Law Against Discrimination (NHLAD).
Employers in New Hampshire may not discriminate against job applicants based on…
- Age
- Sex
- Marital status
- Race
- Religious creed
- Gender identity
- Nation of origin
- Physical or mental disability
- Sexual orientation
Employee Resignation or Termination in New Hampshire
New Hampshire is an employment-at-will state. This means employers can terminate an employee’s employment for lawful reasons without repercussions. That said, there are several exceptions to the rule. They include:
- Terminations that violate required levels of absence
- Terminations that violate labor laws
- Terminations that violate company policies approved by the commissioner
In the case of large layoffs involving 25 or more employees, employers are legally required to notify the New Hampshire Department of Employment Security regardless of whether the layoffs were temporary or permanent.
Unemployment Benefits in New Hampshire
Workers in New Hampshire are eligible for unemployment benefits if they…
- An employee who has earned at least a minimum amount of wages before becoming unemployed
- Are actively seeking employment
- Are unemployed through no fault of their own, as defined by New Hampshire law
- Have earned at least $2,800 in the entire base period
- Have earned at least $1,400 in each of two-quarters of the base period
Use this website to start your application for unemployment benefits in New Hampshire:
COBRA Benefits in New Hampshire
Separated employees in New Hampshire may extend employer-provided health care coverage through COBRA, which stipulates…
- New Hampshire has a version of the federal COBRA which allows employees to keep their coverage for up to 18 months.
- There must be a qualifying event resulting in the loss of the health insurance.
- Qualifying events may be reduction of work hours and termination of employment by being laid off or by quitting.
- Termination for gross misconduct is not a qualifying event.
Final Paychecks in New Hampshire
Separated employees in New Hampshire must receive their final paychecks…
- If an employee quits their job, their employer must provide their final paycheck on the next regular payday.
- Contrarily, if an employer terminates an employee, they must pay their employee’s final paycheck within 72 hours.
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NH Recordkeeping Requirements
Under the Fair Labor Standards Act, employers in New Hampshire must keep records of their employees’ employment and payroll data.
1 Year
Employers must retain these documents for at least one year:
- All employment or personnel records should be kept by the employer for at least one year from the employee’s termination date, as per the Equal Employment Opportunity Commission 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
- Agreements
- Collective bargaining agreements
- Sales and purchase records
- I-9s
Penalties for Labor Law Noncompliance in New Hampshire Wages
$2,500Wage Violations
Employers violating these laws may get civil penalties, mainly monetary fines.
Any employer who fails to comply with New Hampshire’s workers’ compensation laws may receive a civil penalty of $2,500 and an additional $100 per employee for each day of non-compliance.
In New Hampshire, labor law violations are investigated and addressed by…
Further Details on Other New Hampshire Labor Laws
Other important state-specific labor laws you should know about New Hampshire include:
Whistleblower Laws
All New Hampshire employees who decide to act on and report workplace violations are protected by the New Hampshire Department of Labor under section 275-E:2 of the Whistleblower Protection Act.
According to the law, employers cannot harass or terminate employees for reporting workplace violations. The Whistleblower Act also protects employees against termination due to:
- Refusal to participate in illegal activities
- Reporting workplace violations
- Refusal to break state and federal laws
- Participation in an open investigation regarding workplace violations
Social Media Law
New Hampshire labor laws prohibit employers from asking employees for information regarding their social media accounts on the grounds of assessment. This includes information such as:
- Passwords
- Username
- Authentication information
The Bottom Line on New Hampshire Labor Laws
New Hampshire’s labor laws are designed to protect employee rights against discrimination, exploitation, and wrongful termination. They also serve to protect employer interests by ensuring the workforce is properly motivated.
Failure to comply with these laws can attract steep penalties, including civil penalties that may attract hefty fines.
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Workyard helps you stay compliant with labor laws. Find out about specific state labor laws that apply to employees hours and payroll records:
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New Hampshire Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
The minimum wage in New Hampshire is set at $7.25 per hour, which aligns with the federal minimum wage. There are currently no plans for an increase in 2025, as a proposed bill to raise the minimum wage to $15 an hour was rejected by the state Senate earlier in 2024.
This rate has remained unchanged since 2009, making New Hampshire one of the few states in New England without a higher state minimum wage.
Yes, New Hampshire is an at-will state. This means that either the employer or the employee can terminate the employment relationship at any time, for any reason (except for illegal reasons), and without prior notice.
The only exception to this at-will employment policy is if a specific employment contract states otherwise.
This framework allows for flexibility in employment but also means that employees may have less job security than those in states with more stringent employment protections.
In New Hampshire, the law requires employers to provide a 30-minute meal break for employees who work more than five consecutive hours.
This means that if an employee works a shift of five hours or longer, they are entitled to this break unless it is feasible for them to eat while working, and the employer allows it.
In such cases, the meal period may not be required, and if the employee eats while working, that time must be paid.
In New Hampshire, 32 hours is generally not considered full-time employment. Typically, full-time status is defined as working 40 hours per week. This standard aligns with federal guidelines and is common across many states.
Employees working fewer than 40 hours, such as those working 32 hours, are usually classified as part-time.
However, some employers may have their own definitions of full-time status, and benefits eligibility can vary based on company policy.
While there is no specific state law defining full-time versus part-time employment, the 40-hour standard is widely accepted in New Hampshire and across the United States.
