It’s important to stay up to date on all of the employment laws in your state so that you can maintain compliance in your business. We did some of the hard work for you and put some of the most important New Hampshire statutes in one place so you can either learn them for the first time or give yourself a refresher. 

However, remember that our summary is not qualified legal advice, laws are always subject to change, and they can vary from municipality to municipality. 

It’s up to you to make sure you’re compliant with all laws and statutes in your area. Consult with a qualified lawyer and/or your local government agencies if you have questions or concerns. 

Here are a few New Hampshire labor laws every small business owner should know.

Resources

First, here are a few helpful links and resources for you to bookmark and refer back to:

Leave

  • Sick Days: Employers are not required to provide paid or unpaid sick leave but must comply with their own established policies if they choose to implement one.
  • Medical Leave: Employers may be required to provide an employee unpaid leave in accordance with the Family and Medical Leave Act or other federal laws.
  • Vacation Leave: No statute. 
  • Jury Duty: Employers are not required to pay employees for time taken to serve on a jury or respond to a jury summons, but employees may not be punished in any way for doing so. 
  • Holiday Leave: Private employers are not required to provide paid or unpaid time off for holidays. 
  • Voting Leave: No statute.   
  • Bereavement Leave: Employers are not required to provide bereavement leave.

Final Paycheck

  • Employees who are terminated or who quit must be paid final wages within 72 hours.
    • If an employee who quits does not give at least one pay period’s notice of their resignation, they must be paid by the next regular payday. 
  • Employees who are laid off or who resign due to a labor dispute must be paid by the next regular payday. 

Minimum Wage

  • The current minimum wage in New Hampshire is $7.25. It is set to be the same as the federal rate. 

Tipped Wages

Child Labor

Minors 14 and 15 years of age are subject to the following time restrictions:

  • When school is in session:
    • A maximum of 3 hours a day on school days
    • Between the hours of 7 a.m. and 7 p.m.
    • No working during school hours 
    • Maximum of 23 hours a week 
  • When public school is not in session:
    • A maximum of 8 hours a day 
    • No more than 48 hours a week 
    • No more than 6 days a week 
    • A maximum of 6 consecutive days 
    • Between the hours of 7 a.m. to 9 p.m. between June 1 and Labor Day 

Minors 16 and 17 years of age are subject to the following time restrictions:

  • When school is in session:
    • No working during school hours
    • No more than 30 hours per week
    • A maximum of eight hours at night
    • Manufacturing shifts must be less than 10 hours
    • Limit of 10 ¼ hours per day for manual and mechanical work
    • No more than six consecutive days
  • When school is not in session:
    • No more than eight hours per day
    • A maximum of 48 hours per week
    • A maximum of 54 hours per week if not enrolled in school
    • A maximum of eight hours at night
    • Manufacturing shifts must be less than 10 hours
    • Limit of 10 ¼ hours per day for manual and mechanical work
    • No more than six consecutive days

Meal and Rest Breaks, Overtime

  • Employers are required to pay employees an overtime rate of one and a half times their regular rate for all hours worked in a workweek in excess of 40, unless the employee is otherwise exempt. 
  • Employers are required to provide a 30-minute meal period to employees who work more than 5 consecutive hours.
    • The employee must be paid if the employer cannot allow a 30-minute break and the employee is required to eat and work at the same time. 

Employment Discrimination

  • The New Hampshire Law Against Discrimination makes it illegal for an employer to discriminate on the basis of age, sex, race, color, creed, marital status, physical or mental disability, , national origin, or sexual orientation. 
    • Businesses with less than 6 employees are not included in the law’s definition of “employer.”
  • Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.       

Termination

New Hampshire is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action. 

Shift Scheduling

Employers are prohibited from retaliating against an employee who requests a flexible work scheduleEmployers are not required to oblige the request, but no negative action against the employee can be taken.

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