Minimum Wage $7.25 PER HOUR
New Hampshire's minimum wage follows the federal minimum wage of $7.25 per hour. The state does not currently set a higher minimum wage, so the practical floor remains $7.25 for most covered workers.
New Hampshire allows a tip credit for certain tipped employees. Covered tipped employees must receive a direct cash wage of at least $3.27 per hour, and tips must bring the worker's total pay to at least $7.25 per hour. If tips do not cover the difference, the employer must make up the shortfall.
Overtime Laws 1.5X RATE
Most non-exempt New Hampshire employees must receive overtime at one and a half times their regular rate for hours worked over 40 in a workweek. At New Hampshire's $7.25 minimum wage, that equals $10.88 per hour.
Overtime is calculated by workweek. Working more than eight hours in one day does not automatically create overtime if total hours for the week do not exceed 40. Bonuses, commissions, and other pay may need to be included when calculating the regular rate.
Meal & Rest Breaks 30 MIN AFTER 5 HRS
New Hampshire generally requires a 30-minute lunch or eating period when an employee works more than five consecutive hours. The exception is when it is feasible for the employee to eat while performing the work and the employer permits the employee to do so.
When an employee is required to keep working during a meal period, that time may need to be paid. Short breaks of 20 minutes or less are generally paid under federal wage rules.
Final Paycheck 72 HOURS IF FIRED
New Hampshire final-pay rules depend on how the job ended. If an employee is fired, wages are due within 72 hours. If an employee quits, wages are generally due by the next regular payday. If the employee gives at least one pay period's notice and is not allowed to work through the notice period, wages may be due within 72 hours.
If an employee is laid off or work is suspended because of a labor dispute, earned wages are generally due no later than the next regular payday. If an employer disputes part of the wages owed, the employer still must pay the portion it concedes is due.
Filing a Claim 3 YEAR WINDOW*
New Hampshire workers may file wage claims with the New Hampshire Department of Labor. A wage claim may generally be filed no later than 36 months from the date the wages were due.
Federal FLSA minimum wage and overtime claims generally have a two-year limitations period, extended to three years for willful violations. The deadline that applies can depend on the claim being brought and whether the worker proceeds under state law, federal law, or both.
Employee Misclassification COMMON VIOLATION
Some New Hampshire employers label workers as independent contractors or exempt employees to avoid paying overtime, payroll taxes, or other wage obligations. A job title, contract, seasonal label, or salary does not automatically decide whether wage protections apply. The actual working relationship, economic realities, and day-to-day duties matter.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for New Hampshire workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.