New Hampshire Labor Laws 2026: Wage, Overtime, Breaks, and Pay
New Hampshire labor laws for employers in 2026: the $7.25 minimum wage, overtime after 40 hours, the 30-minute meal break after 5 hours, weekly pay, final wages within 72 hours of discharge, vacation pay as wages, youth employment certificates, and the voluntary paid family leave plan.
New Hampshire pairs a minimum wage that tracks the federal $7.25 with strict rules on how and when employees are paid. The Department of Labor (NH DOL) enforces RSA 275 (protective legislation), RSA 279 (minimum wage), and RSA 276-A (youth employment). Employers should focus on the weekly pay default, the 30-minute meal break after five hours, the 72-hour final paycheck deadline for discharged employees, and the youth employment certificate rules, all of which go beyond federal law.
Minimum Wage in New Hampshire
New Hampshire's minimum wage statute (RSA 279:21) adopts the federal rate, so the state minimum is $7.25 per hour. Tipped employees who customarily receive more than $30 a month in tips may be paid 45 percent of the minimum wage, $3.27 an hour, as long as tips bring them to $7.25. There are no local minimum wages, and the Legislature has repeatedly declined to set a higher state rate.
See the full New Hampshire minimum wage guide for the tipped rules, the youth and training rates, and the history of increase proposals. The minimum wage by state table shows how New Hampshire compares with its neighbors, all of which pay more.
Overtime Rules
RSA 279:21 VIII requires 1.5 times the regular rate for hours over 40 in a week, mirroring the FLSA. There is no daily overtime and no premium for weekend work. The state exempts employees covered by the federal white-collar exemptions and adds exemptions for certain seasonal, agricultural, and domestic workers.
At the state minimum, a 45-hour week pays $290.00 for the first 40 hours plus $54.38 for 5 overtime hours at $10.88, a total of $344.38. The overtime calculator handles higher rates and biweekly periods, and the guide to overtime pay laws by state explains the federal framework.
Meal and Rest Breaks
New Hampshire requires a meal break. RSA 275:30-a: "An employer may not require an employee to work more than 5 consecutive hours without granting him a 1/2 hour lunch or eating period," unless it is feasible for the employee to eat during work and the employer permits it.
| Break | New Hampshire rule |
|---|---|
| Meal break | 30 minutes after 5 consecutive hours of work; may be waived only if the employee can eat while working with the employer's permission |
| Paid or unpaid | Unpaid if the employee is fully relieved of duty for the full 30 minutes; otherwise paid |
| Rest break | Not required; federal rule pays short breaks of 5 to 20 minutes when offered |
| Minors | Same 30-minute rule; youth under 16 cannot work more than 3 hours on a school day |
An employee who is asked to answer calls or cover a counter during lunch has not been relieved of duty and must be paid for the time. Compare the rules in our guide to rest and meal break laws by state, and use the break time calculator to see how the break changes paid hours on a shift.
Paid Sick Leave and Other Leave
New Hampshire does not mandate paid sick leave, paid vacation, or employer-paid family leave. In 2023 the state launched the Granite State Paid Family and Medical Leave plan, a voluntary insurance program: employers may opt in to provide six weeks of partially paid leave, and individual workers may buy coverage if their employer does not.
| Leave type | New Hampshire rule |
|---|---|
| Paid sick leave | Not required |
| Paid family and medical leave | Voluntary state insurance plan (Granite State PFML); federal FMLA applies to employers with 50 or more employees |
| Jury duty | Job protected (RSA 500-A:19); no pay requirement |
| Voting | No statute requiring time off; confirm with the NH DOL |
| Military leave | Federal USERRA and state National Guard protections |
| Crime victim leave | Employers with 25 or more employees must allow leave to attend court proceedings (RSA 275:62) |
Vacation, holiday, and sick pay that an employer promises in a policy are treated as wages under RSA 275:43 V, which matters at separation (see below). Our guides to paid sick leave laws by state and jury duty laws cover the comparisons.
PTO Payout and Final Paychecks
RSA 275:44 sets three deadlines. An employee who is discharged must be paid in full within 72 hours. An employee who quits must be paid by the next regular payday, unless the employee gave at least one pay period's notice, in which case payment is due within 72 hours. An employee who is laid off or suspended is paid by the next regular payday.
RSA 275:43 V states that vacation pay, severance, and similar benefits are wages "when such benefits are a matter of employment practice or policy, or both," so an employer that promises paid vacation must pay accrued, unused vacation on the same timeline unless its written policy says the benefit is forfeited. The NH DOL enforces this actively, and a written policy that spells out accrual, use, and forfeiture is the employer's protection. The PTO payout laws by state guide compares New Hampshire with states that mandate payout outright.
Pay frequency: RSA 275:43 requires wages to be paid weekly within 8 days after the end of the work week, or biweekly within 15 days. Semimonthly or monthly pay is allowed only with written permission from the NH DOL. Pay statements must show hours, rate, and deductions.
Exempt vs Non-Exempt Employees
New Hampshire uses the federal exemptions: salary basis, at least $684 per week, and executive, administrative, professional, computer, or outside sales duties. The state has no higher salary threshold. Non-exempt employees must be paid for all hours worked, including short breaks and any working lunch, and the NH DOL treats improper deductions from an exempt employee's salary as a violation of RSA 275:48 as well as a threat to the exemption. See exempt vs non-exempt employees and the FLSA exemption flowchart.
Child Labor Rules
RSA 276-A is stricter than federal law in several ways. Youth under 16 need a youth employment certificate issued by their school principal (or a parent for certain work) confirming age, health, and satisfactory academic performance, and the employer must have it on file within three business days of hire. Youth 16 and 17 who are still in school need a signed parental permission form on file unless they have graduated or hold a GED.
| Age group | School in session | School vacation | Hours of the day |
|---|---|---|---|
| Under 16 | 3 hours a day on school days, 23 hours a week | 8 hours a day, 48 hours a week | 7 a.m. to 9 p.m. |
| 16 and 17 enrolled in school | 35 hours a week | 48 hours a week, no more than 6 consecutive days | No state curfew; federal hazardous rules apply |
| 16 and 17 not enrolled | No state hour limit | Same | Same |
No youth may work in a hazardous occupation outside an approved training program, and youth under 16 may not work in dangerous areas of manufacturing, construction, mining, or logging. The federal child labor laws guide covers the hazardous occupation list.
Other New Hampshire Employment Rules
- Pay statements and deductions. RSA 275:48 limits deductions to those required by law or authorized in writing for the employee's benefit; deductions for cash shortages, damage, or uniforms are prohibited.
- Reporting pay. RSA 275:43-a requires at least two hours of pay at the regular rate when an employee reports to work at the employer's request and is sent home early, with exceptions for municipal and school employees.
- Non-compete agreements. RSA 275:70 requires employers to give a copy of a non-compete before an offer is accepted, and RSA 275:70-a bans non-competes for low-wage employees (those earning at or below 200 percent of the federal minimum wage).
- Pay transparency. No job-posting requirement; RSA 275:41-b protects employees who discuss their wages.
- Drug testing. No statute restricts private-sector testing; medical cannabis patients have limited protection under RSA 126-X.
- Right to work. New Hampshire is not a right-to-work state.
Hiring, Termination, and Record-Keeping
New Hampshire is an at-will state. The Law Against Discrimination (RSA 354-A) covers employers with six or more employees and prohibits discrimination based on age, sex, race, color, marital status, physical or mental disability, religion, national origin, sexual orientation, and gender identity, enforced by the New Hampshire Commission for Human Rights. Federal Title VII applies at 15 employees.
Employers must post the NH DOL protective legislation, minimum wage, youth employment, and workers' compensation notices with the federal posters. RSA 279:27 requires payroll records showing hours worked and wages paid for at least three years, and the NH DOL inspects them. A written timekeeping policy that covers the 30-minute meal break and the weekly pay cycle, backed by a time card calculator or automatic time tracking, keeps the records inspection-ready.
Frequently Asked Questions
What is the minimum wage in New Hampshire in 2026? $7.25 per hour, the federal rate, because RSA 279:21 adopts the federal minimum. Tipped employees may be paid $3.27 in cash plus tips.
Does New Hampshire require a lunch break? Yes. Employees may not be required to work more than five consecutive hours without a 30-minute meal period unless they can eat while working with the employer's permission.
When is a final paycheck due in New Hampshire? Within 72 hours of discharge. An employee who quits is paid by the next regular payday, or within 72 hours if they gave a full pay period's notice.
Is unused vacation paid out in New Hampshire? Yes, when the employer's policy or practice provides paid vacation, accrued vacation is treated as wages unless the written policy clearly provides for forfeiture.
How often must New Hampshire employers pay? Weekly or biweekly by default. Semimonthly or monthly pay requires written permission from the NH DOL.
Does New Hampshire require paid sick leave or paid family leave? No. The Granite State PFML plan is voluntary for employers and individuals.
Can a 15-year-old work in New Hampshire without a certificate? No. Youth under 16 need a youth employment certificate on file with the employer within three business days of starting.
Does New Hampshire have daily overtime? No. Overtime is owed after 40 hours in a week at 1.5 times the regular rate.
Sources
- New Hampshire RSA chapter 275 (protective legislation), including 275:30-a, 275:43, 275:44, and 275:48
- New Hampshire RSA chapter 276-A (youth employment law)
- New Hampshire RSA 279:21 (minimum hourly rate)
- New Hampshire Department of Labor
- US Department of Labor: state minimum wage laws
- US Department of Labor: state payday requirements
Reviewed September 2026
This guide draws on the New Hampshire statutes as published by the General Court in September 2026; the NH DOL website refused automated requests, so agency FAQ wording is not quoted directly. The reporting pay rule, crime victim leave threshold, non-compete wage floor, and Law Against Discrimination coverage all carry exceptions. Confirm with the NH DOL or counsel before applying them to a specific case.
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