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New Hampshire Employment Law: Wages, Final Pay, Breaks and Your Rights at Work

New Hampshire employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.

Quick answers for New Hampshire

Minimum wage
New Hampshire's minimum wage equals the federal minimum wage, currently $7.25 per hour. Workers 16 and under, and new workers with under 6 months' experience (with Labor Department approval), may be paid 75% of the minimum. RSA 279:21
Final paycheck if fired or laid off
Wages must be paid in full within 72 hours of a discharge. Employees who are laid off must be paid by the next regular payday. RSA 275:44, I and III
Meal and rest breaks
A 30-minute lunch or eating period after 5 consecutive hours of work, unless the employee can eat while working and the employer allows it. No rest-break requirement. RSA 275:30-a
Unused vacation / PTO payout
Vacation pay, personal days, holiday pay and sick pay count as wages when due if they are part of the employer's practice or policy, so payout at separation depends on that policy. RSA 275:43, V

Last verified: 2026-10-26

Pay

Minimum wageNew Hampshire's minimum wage equals the federal minimum wage, currently $7.25 per hour. Workers 16 and under, and new workers with under 6 months' experience (with Labor Department approval), may be paid 75% of the minimum.
No state increase is scheduled; the state rate changes only if the federal rate changes.
Source: RSA 279:21
Tipped minimum wageTipped employees of restaurants, hotels, motels, inns, cabins and ballrooms who regularly receive more than $30 a month in tips must be paid a base wage of at least 45% of the minimum wage (about $3.27 per hour), and the employer must make up any shortfall if wages plus tips fall below the minimum wage for the pay period.
If the federal minimum wage is raised, a different tipped-wage formula (federal tipped cash wage, but at least $3.27) takes effect.
Source: RSA 279:21
OvertimeTime and one-half for hours over 40 in a week. No daily overtime. Seasonal amusement and recreation businesses are exempt.
Source: RSA 279:21, VIII
How often you must be paidWeekly (within 8 days after the end of the workweek) or biweekly (within 15 days), on regular paydays set in advance. The Labor Commissioner may approve less frequent pay, but at least monthly.
Source: RSA 275:43, I and IV

Breaks and leave

Meal and rest breaksA 30-minute lunch or eating period after 5 consecutive hours of work, unless the employee can eat while working and the employer allows it. No rest-break requirement.
Source: RSA 275:30-a

Leaving a job

Final paycheck if fired or laid offWages must be paid in full within 72 hours of a discharge. Employees who are laid off must be paid by the next regular payday.
Source: RSA 275:44, I and III
Final paycheck if you quitWages are due by the next regular payday, or within 72 hours if the employee gave at least one pay period's notice.
Source: RSA 275:44, II
Unused vacation / PTO payoutVacation pay, personal days, holiday pay and sick pay count as wages when due if they are part of the employer's practice or policy, so payout at separation depends on that policy.
Source: RSA 275:43, V

Firing, retaliation and discrimination

Whistleblower and retaliation protectionEmployers may not punish an employee who in good faith reports a suspected violation of law, objects to or refuses to take part in an activity they believe is illegal, or takes part in a government investigation or court case about the employer. A lawsuit may be filed within 3 years.
Source: RSA 275-E:2 (Whistleblowers' Protection Act)
Job discrimination complaintsNew Hampshire Commission for Human Rights. Covers employers with 6 or more employees. A complaint must be filed within 180 days of the discriminatory act.
Employer definition: https://gc.nh.gov/rsa/html/XXXI/354-A/354-A-2.htm
Source: RSA 354-A:21, III; RSA 354-A:2, VII
Non-compete agreementsNon-competes are banned for low-wage employees (earning 200% of the federal minimum wage or less per hour). For new hires, the employer must give a copy of the non-compete before the job offer is accepted, or it cannot be enforced.
Disclosure rule: https://gc.nh.gov/rsa/html/XXIII/275/275-70.htm
Source: RSA 275:70; RSA 275:70-a

Employment Law FAQ

What is the minimum wage in New Hampshire?
New Hampshire's minimum wage equals the federal minimum wage, currently $7.25 per hour. Workers 16 and under, and new workers with under 6 months' experience (with Labor Department approval), may be paid 75% of the minimum.
What is the tipped minimum wage in New Hampshire?
Tipped employees of restaurants, hotels, motels, inns, cabins and ballrooms who regularly receive more than $30 a month in tips must be paid a base wage of at least 45% of the minimum wage (about $3.27 per hour), and the employer must make up any shortfall if wages plus tips fall below the minimum wage for the pay period.
What are the overtime rules in New Hampshire?
Time and one-half for hours over 40 in a week. No daily overtime. Seasonal amusement and recreation businesses are exempt.
Are breaks required by law in New Hampshire?
A 30-minute lunch or eating period after 5 consecutive hours of work, unless the employee can eat while working and the employer allows it. No rest-break requirement.
When do I get my final paycheck if I'm fired in New Hampshire?
Wages must be paid in full within 72 hours of a discharge. Employees who are laid off must be paid by the next regular payday.
When do I get my final paycheck if I quit in New Hampshire?
Wages are due by the next regular payday, or within 72 hours if the employee gave at least one pay period's notice.
Does an employer have to pay out unused PTO in New Hampshire?
Vacation pay, personal days, holiday pay and sick pay count as wages when due if they are part of the employer's practice or policy, so payout at separation depends on that policy.
How often must employees be paid in New Hampshire?
Weekly (within 8 days after the end of the workweek) or biweekly (within 15 days), on regular paydays set in advance. The Labor Commissioner may approve less frequent pay, but at least monthly.
Is it illegal to fire someone for reporting a violation in New Hampshire?
Employers may not punish an employee who in good faith reports a suspected violation of law, objects to or refuses to take part in an activity they believe is illegal, or takes part in a government investigation or court case about the employer. A lawsuit may be filed within 3 years.
Where do I file a job discrimination complaint in New Hampshire?
New Hampshire Commission for Human Rights. Covers employers with 6 or more employees. A complaint must be filed within 180 days of the discriminatory act.
Are non-compete agreements enforceable in New Hampshire?
Non-competes are banned for low-wage employees (earning 200% of the federal minimum wage or less per hour). For new hires, the employer must give a copy of the non-compete before the job offer is accepted, or it cannot be enforced.

Employment Law in other states

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.