New Hampshire Labor Laws (2025 Guide)

What’s New in 2025

• Employers required to grant breaks for employees to express milk

Labor Law Posters

• Federal labor law posters
• State labor law posters

Wage and Hour Laws

Minimum Wage

New Hampshire adopts the federal minimum wage of $7.25 per hour. 

The state excludes the following types of employees from the minimum wage requirement:

• Children who are employed by and working for a legal guardian, such as a parent or grandparent, who fully supports the child.
• People who work with their spouse and don’t take pay.
• Household and domestic labor.
• Farm laborers. 
• Outdoor salespeople.
• Children’s summer camp employees.
• Newspaper delivery workers.
• Non-professional ski patrol workers.
• Golf caddies.

Employers in New Hampshire can pay some employees a reduced, subminimum wage, which is 75% of the minimum wage (currently $5.44 per hour). Employers may pay the subminimum wage to: 

• Workers with fewer than 6 months’ experience in an occupation. To legally pay an inexperienced worker the subminimum wage, an employer must submit an application to the Labor Commissioner within 10 days of the employee being hired. Employers should contact the New Hampshire DOL for guidance on the application process.
• Employees aged 16 and under. Employers must keep evidence of their employment on file. Ski center and resort employees who welcome guests and perform guest relations services aren’t covered by this rule.

Unlike some states, New Hampshire doesn’t allow employers to pay subminimum wages to employees with disabilities.

Tipped Minimum Wage

Employers can pay workers in certain types of businesses New Hampshire’s tipped minimum wage, provided the following criteria are met:

• The workplace is a restaurant, cigar bar, hotel, motel, inn, cabin, or ballroom.
• The employee regularly receives tips directly from customers.
• The employee’s tips total more than $30 a month.

If eligible for the tipped minimum wage, tipped employees can’t be paid less than 45% of the standard minimum wage (currently $3.27 per hour).

If an employee’s tips combined with the tipped minimum wage don’t equal at least the standard minimum wage, the employer must pay the difference.

Overtime Laws

Employees who are eligible for New Hampshire’s basic minimum wage must also be paid 1.5 times their regular hourly pay for any time worked in excess of 40 hours in a single week. 

Employees in some amusement, seasonal, and recreational establishments are exempt, provided:

• The business is in operation for no more than 7 months in a calendar year.
• The business earns at least 75% of its income within any 6 months, consecutive or not, and that income is at least 3 times the amount earned in the remaining 6 months of the year.

Day’s Work

In New Hampshire, a day’s work is defined as 8 hours of actual labor for most employees, unless otherwise agreed.

Asking employees to work more than a day’s work (more hours than are limited by law) to make up lost time from a legal holiday is prohibited.

Break Laws

Meal and Rest Breaks

Employers must give employees who work 5 consecutive hours a 30-minute lunch or meal break. State law doesn’t require these breaks to be paid.

If an employee can feasibly eat while performing their duties, and their employer allows them to do so, this rule is waived.

Under federal law, any break shorter than 20 minutes taken by an FLSA-covered employee must be paid.

Breaks for Nursing Employees

Effective from July 1, 2025, all employers in New Hampshire must grant reasonable breaks for nursing employees who need to express milk during working hours. This expands the federal pump at work protections, which apply only to employers of 50+.

Employers must also provide space for expressing milk. Breaks to express milk don’t need to be paid unless they fall under the FLSA conditions.

Employees should request these breaks at least 2 weeks in advance of needing them, unless the employer has its own policies.

Recordkeeping Requirements

In addition to federal recordkeeping requirements such as those enforced by the FLSA and the US Equal Employment Opportunity Commission (EEOC), New Hampshire has enacted some state requirements. Employers must keep:

• Records of hours and wages.
• Documentation of company policies and practices signed by new hires.
• Employee personnel files.

New Hampshire employee records must be stored for a minimum of 3 years.

Scheduling Laws

New Hampshire doesn’t have predictive scheduling laws.

However, employers can’t retaliate against employees who request flexible working arrangements (though they can deny requests). 

There is a “day of rest” law for businesses that operate on Sundays: Employers are permitted to schedule employees on Sundays only if they give Sunday workers a designated day of rest. This must be at least 24 consecutive hours off during the 6 days after the Sunday worked. They must also post a schedule listing who’s required or allowed to work on Sunday and the designated day of rest for each person. Employers can’t require these employees to work on their days of rest.  

Employee Compensation and Benefits

Reporting Time Pay

Under New Hampshire law, employees must be paid for a minimum of 2 hours’ work if they report to work at their employer’s request only to find there’s no work to do. This must be at their regular rate of pay. If the employer made a “good faith effort” to notify the employee, they won’t be liable to pay them for reporting to work.

Ski-resort-based ski and snowboard instructors may be exempt from this if they receive other compensation equal to their pay.

Payday Frequency and Method

New Hampshire employers must pay employees weekly or every 2 weeks. Employers can apply to the New Hampshire Department of Labor to pay on a different schedule, such as monthly.

Weekly paid employees must be paid within 8 days of the workweek ending, and employees who are paid every 2 weeks must receive their pay within 15 days.

Salaried employees must be paid their full salary each pay period.

Paystub Requirements

Employers in New Hampshire must give all employees written statements for each pay period. These statements should contain:

• Pay.
• Pay rate.
• Hours worked. 
• All wage deductions, e.g., taxes, insurance premiums, and any legitimate deductions.

Wage Deductions and Garnishments

In New Hampshire, employers can deduct or divert parts of employee wages if state or federal law requires it or if the employee has authorized deductions for:

• Union dues.
• Healthcare contributions.
• Welfare contributions, such as child support.
• Apprenticeship fund contributions.
• Voluntary charity donations.
• Housing and utilities.
• Uniform rental and cleaning.
• Required clothing (not uniforms).
• Use of a vehicle.
• Group insurance benefits that don’t give the employer a financial advantage.
• Legal plans that don’t give the employer a financial advantage.
• Any other purpose that the employer and employee mutually agree on that doesn’t give the employer a financial advantage.

Wage garnishments are permitted in New Hampshire through a legal framework called the “trustee process.” There must be a court order in place to garnish wages. Employers can take only from an employee’s “disposable earnings”—what remains after all legal deductions have been made.

Wage garnishments in New Hampshire aren’t continuous, and once served, they can’t be extended. New Hampshire law prohibits the garnishment of wages earned after the date of the court order. The law protects garnishable wages by making earnings up to 50 times the federal minimum wage exempt from being garnished.

Final Paycheck Laws

Under New Hampshire’s 72-hour rule, employers must pay employee wages in full within 72 hours when they fire or otherwise discharge an employee. 

The 72-hour rule also applies to employees who quit and give their employer at least 1 pay period’s notice. Employees who quit without giving this notice must be paid in full on their next regular payday.

Workers’ Compensation

Having workers’ compensation insurance is mandatory in New Hampshire for employers with 1 or more employees, even if employees work part-time or are family members. The exceptions are:

• Independent contractors and sole proprietors.
• LLCs with fewer than 3 members.
• Railroad workers whose rights are protected by the Federal Employers’ Liability Act.
• Direct sellers.
• Qualified real estate brokers, agents, and appraisers.
• People who provide services in a residential setting for individuals with developmental, acquired, or emotional disabilities.

Employers who fall under these exceptions may opt in for coverage if they choose.

Workers’ compensation coverage is available via:

• Private insurers licensed to sell workers’ compensation insurance.
• The National Council of Compensation Insurance (NCCI).
• Self-insurance (employers must apply and meet financial requirements).

To claim workers’ compensation, employees must notify their employer within 2 years of the onset of illness or the date of injury. The employer must then complete and file an Employer’s First Report of Injury form with the New Hampshire DOL within 5 days. Failure to do this can result in a fine up to $2,500.

Workers’ compensation benefits include:

• Awards for permanent impairment.
• Weekly income replacement.
• Temporary disability benefits.
• Death benefits.
• Payment of medical bills.
• Vocational rehabilitation.

If disputes regarding workers’ compensation arise which can’t be resolved, parties can request a hearing with the New Hampshire DOL to reach a resolution.

Unemployment Insurance

The New Hampshire Employment Security (NHES) state agency collects unemployment taxes from employers and administers benefits to the unemployed throughout the state.

Employers must register with the NHES to pay unemployment taxes and submit quarterly reports that list each employee’s earnings and hours worked.

To be eligible for unemployment benefits, individuals must:

• Have been unemployed through no fault of their own.
• Have earned enough in the first 4 of the last 5 completed calendar quarters before the claim was filed (their “base period”). 
• Be physically able to work.
• Be available for work.

Individuals who file a successful claim for unemployment benefits will receive between $32 and $427 a week for a maximum of 26 weeks. The exact amount is based on annual earnings before becoming unemployed.

Workplace Rights and Protections

Discrimination and Harassment

The New Hampshire Commission for Human Rights (NHCHR) enforces state laws against discrimination and harassment in employment (among other areas). 

Federal laws such as the Pregnant Workers Fairness Act (PWFA), Title VII of the Civil Rights Act, and the Americans with Disabilities Act (ADA) prohibit many of the same types of discrimination, but they apply only to employers of 15 or 20 workers. New Hampshire’s state laws cover employers of 6+ employees.

However, some types of nonprofit organizations are exempt from state laws:

• Exclusively social clubs.
• Fraternal associations.
• Religious associations.

Under state law, it’s unlawful for employers to discriminate against employees and applicants because of their:

• Age.
• Sex.
• Gender identity.
• Race.
• Color.
• Hairstyle (relative to their ethnicity).
• Marital status.
• Disability (physical and mental).
• Pregnancy.
• Religion.
• National origin.
• Sexual orientation.

Employers can’t discriminate in any employment practice, from writing job descriptions to terminating employees.

Leave Laws

✅ Family and Medical Leave	New Hampshire has a voluntary Paid Family and Medical Leave (NH PFML) program, which provides employees with a 60% wage replacement for up to 6 weeks for common life events, including needing to care for their own or their family member’s serious health condition.  Many employers who adopt this program purchase insurance plans from MetLife, the state’s PFML insurance partner, but other insurance providers are available. NH PFML insurance premiums may be paid wholly by the employer, wholly by the employee, or split between them. Employers of 50+ employees who don’t cover the whole cost themselves must collect employees’ premium contributions via payroll deductions. Businesses with fewer than 50 employees aren’t required to collect employees’ premium payments through payroll, but they can choose to do so. Employers who choose to cover the entire cost themselves pay the premiums themselves.  If a worker’s employer doesn’t participate in the program, they can purchase their own insurance plans to obtain coverage. The federal Family and Medical Leave Act (FMLA) applies to employers of 50+ employees. It gives eligible employees up to 12 weeks of unpaid leave every 12 months to: • Take care of a newborn child up to a year from its birth. • Take care of an adopted or foster child within a year of placement.  • Care for a seriously ill or injured spouse, child, or parent. • Recover from their own serious health issues. • Address “qualifying exigencies” arising from a spouse, child, or parent being on covered active duty in the Armed Forces. Employees must’ve been employed for at least 12 months with a covered employer and worked at least 1,250 hours in the previous year to be eligible. Eligible employees can also take up to 26 weeks of military caregiver leave under the FMLA.
❌ Paid sick leave	New Hampshire doesn’t mandate paid sick leave. Employers can choose to provide it through participation in the PFML program.
❌ Paid Family Leave	New Hampshire doesn’t mandate paid family leave, but employers can choose to offer it via the PFML program.
❌ Pregnancy and Parental Leave	Employers in New Hampshire can provide paid leave for pregnancy and parental leave by participating in the PFML program. Eligible employees can also take unpaid leave under the FMLA, as explained above.
❌ Vacation and Personal Leave	Vacation and personal leave isn’t required under New Hampshire law. Employers have the freedom to establish their own policies for this leave, paid or unpaid.

Other Mandatory Leave

Military Leave	There are no state military leave laws—however, employees must be given unpaid leave if called to active duty under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Employers must reinstate returning employees to the same or equivalent role, and they’re prohibited from terminating employees without cause for 12 months.
Jury Duty Leave	Employers in New Hampshire must give employees unpaid leave to serve on jury duty.  Furthermore, employers who discharge employees for responding to a jury duty summons may be found in contempt of court. Employees in this situation may also bring civil action against the employer.
Witness Leave	Employers of 25 or more employees must grant employees unpaid leave to attend court when the employee or an immediate family member is a victim of a crime. Employers can’t discharge employees for exercising their right to leave work for this purpose. The employee must give their employer a copy of the notice for all scheduled court appearances they need to attend.
Emergency Response Leave	Employers can’t discharge or take adverse action against employees who are volunteer firefighters or medical technicians taking time off to respond to emergencies. This includes being called to an emergency and attending to emergencies they encounter en route to work.

Child Labor Laws

The minimum working age in New Hampshire is 12, with some limited exceptions. 

Under-12s can only be employed only:

• By their parents, grandparents, or legal guardians.
• In casual work.
• For newspaper delivery.

Workers under 16 must have a youth employment certificate to be allowed to work in most cases.

Youth certificates must:

• Confirm the minor’s age.
• Contain their legal guardian’s signature. 
• State that the minor is in good health for employment.

Under-16s can obtain employment certificates only if they’re doing well in school. If the minor’s grades drop, their work certificate can be revoked.

Certificates aren’t required:

• For casual work and farm labor.
• For those working for their parents, grandparents, or legal guardians.

Sixteen- and 17-year-olds can be employed if the employer has their legal guardian’s written consent.

Here are the work and hour restrictions for minors: 

	When school is in session	During school vacations
16 and 17-year-olds	Can work a maximum of 35 hours per week.	Can work no more than 6 consecutive days or 48 hours in a week during school vacations, including summer vacation (June 1–Labor Day).  *This doesn’t apply to employees of residential summer camps for minors.
Under-16s	Can’t work between 9 pm and 7 am. Can work a maximum of:  • 3 hours a day. • 23 hours per week.	Can’t work between 9 pm and 7 am. Can work a maximum of: • 8 hours a day. • 48 hours per week.

The Labor Commissioner may suspend work hour restrictions for under-16s in agricultural work. To have this done, employers must submit a written application to the Labor Commissioner for approval.

Workplace Safety and Health

Employers in New Hampshire must adhere to federal standards governed by the Occupational Safety and Health Administration (OSHA). Under OSHA regulations, employers must:

• Provide safe, hazard-free workplaces.
• Adhere to OSHA standards and regulations.
• Provide safety training in languages employees understand.
• Maintain injury and illness records.
• Report fatalities to OSHA within 8 hours.
• Report serious injuries and inpatient hospitalizations to OSHA within 24 hours.
• Display the correct OSHA posters where required.

Employees can make confidential reports to OSHA about employers that violate any OSHA regulation, and employers can’t retaliate against them for doing so. 

Labor Union Regulations

New Hampshire isn’t a right-to-work state. This means that employees can lawfully be required to join a union as a condition of their hire or continued employment.

The federal National Labor Relations Act (NLRA) gives most private sector employees the right to:

• Form, join, and assist labor unions.
• Negotiate with employers for improved working conditions.
• Act with other employees to improve workplace conditions, even without a union.
• Refrain from union-related activities.

Employment Contracts and Severance

Employment contract laws

New Hampshire is generally an at-will employment state. This means either party can terminate the employer-employee relationship at any time for any lawful reason.

New Hampshire prohibits non-compete agreements between employers and “low-wage” employees: those who earn hourly wages that are equal to or less than 2x the federal minimum wage. In 2025, this is $14.50 per hour.

Where non-compete agreements are permitted as a condition of employment, employers must provide job applicants a copy before the acceptance of any offer.

Severance pay

There’s no state law requiring employers to pay severance pay.

Additional State-Specific Employment Laws

New Hampshire employers may also be subject to the following legislation:

Employee Access to Personnel Files	Employees have the right to inspect their personnel files upon request. Employers must accommodate this request and give the employee a reasonable opportunity to see their files or provide copies. Employers may charge employees a reasonable fee to cover the cost of supplying this documentation. If an employee wants anything in their file changed, but they and their employer disagree over this, the employee can submit a written statement and evidence to support their case for the modification. Employers must keep this statement as part of the employee’s personnel file.
Ban the Box Law	New Hampshire has enacted “ban the box” legislation, which prohibits employers from asking questions about arrests and criminal convictions in employment applications. However, employers may ask about this when applicants are applying for positions: Related to law enforcement. • That require a standard fidelity bond or equivalent bond, which can’t be obtained with a criminal record. • That require “automatic disqualification of an applicant with a criminal history pursuant to federal or state law.” • With employers who are “contractually prohibited from employing any person with a criminal record.” Employers may ask about applicants’ criminal history at the interview stage.
Hiring During Labor Disputes	Employers involved in strikes or lockouts mustn’t knowingly replace employees involved in labor disputes by hiring individuals who:  Regularly offer themselves as replacements for employees engaged in labor disputes. Are unaware of the dispute.
Veterans’ Preference	New Hampshire permits employers to create policies to give veterans additional consideration when hiring. If employers choose to do this, they must put the policy in writing.
Employee leasing companies	Employee leasing companies, also known as professional employer organizations (PEOs), are considered co-employers with the client companies they serve. All PEOs in New Hampshire must be registered with the New Hampshire Department of Labor and operate in accordance with state regulations governing PEOs.

Legal Resources for Employers and Employees

Employers and employees in New Hampshire may find the following useful:

• New Hampshire Department of Labor: A wealth of information to help employers operate successfully within the state’s labor laws.
• New Hampshire Law Library: A public law library accessible online and in person in the Supreme Court Building at One Charles Doe Drive in Concord.
• New Hampshire Human Rights Commission: The state agency responsible for the enforcement of New Hampshire’s employment discrimination laws.
• New Hampshire Employment Security: The state agency that oversees unemployment benefits.

Disclaimer

The information presented on this website about labor laws in New Hampshire is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.