The New Hampshire
Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. While the federal minimum wage serves as a baseline, different states, cities, and regions can adopt their own higher rates.

The current statewide rate is: $7.25 per hour.

New Hampshire does not have a state-specific minimum wage that exceeds the federal rate. If the federal minimum wage were to increase, New Hampshire’s rate would automatically increase to match it.

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In New Hampshire, the base wage for tipped employees is not a fixed number, but a percentage of the standard minimum wage.

The current tipped rate is: $3.27 per hour.

• This rate is calculated as 45% of the $7.25 state minimum wage.

Legal requirements for employers:

• Industry scope: This rate applies specifically to tipped employees in restaurants, hotels, motels, inns, cabins, and ballrooms.

• The tip threshold: To qualify for this rate, an employee must customarily and regularly receive more than $30 per month in tips.

• The minimum wage guarantee: If an employee’s base wage ($3.27) plus their tips do not equal at least $7.25 per hour for all hours worked during a pay period, the employer is legally required to pay the difference to "make the employee whole."

While New Hampshire largely aligns with federal standards, the state has its own specific statute (RSA 279:21) that mandates overtime pay for almost all hourly workers, regardless of whether their business is large enough to be covered by federal law.

The 40-hour rule

• All non-exempt employees must be paid 1.5 times their regular rate of pay for all hours worked over 40 in a single workweek.

New Hampshire law protects an employee's right to eat during long shifts and ensures a weekly period of rest, though the rules vary significantly by industry.

Meal breaks

• The 5-hour rule: Employers cannot require an employee to work more than five consecutive hours without providing a 30-minute uninterrupted meal period.

• Unpaid vs. paid: This break may be unpaid only if the employee is completely relieved of all duties. If the nature of the work requires the employee to eat and work at the same time, the time must be paid.

  • Compliance note: the NHDOL recommends obtaining a written waiver if an employee chooses to work through their meal break. Additionally, any break lasting less than 20 minutes must always be paid.

Day of rest (the 24-hour rule)

• The requirement: Most employers must allow employees at least 24 consecutive hours of rest in every seven-day period.

• Sunday posting rule: Employers who operate on Sundays must post a schedule identifying which day each employee has been assigned as their "Day of Rest."

• Exemptions: This "Day of Rest" law does not apply to several industries, including:

  • Restaurants, hotels, and inns.

  • Retail stores in designated "resort areas."

  • Theaters and motion picture houses.

  • Hospitals and newspaper publishing.

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New Hampshire law largely leaves leave policies to the employer's discretion, with the major exception of a new parental leave mandate effective in 2026 and specific protections for veterans.

Vacation leave

• Discretionary: Employers are not required to provide paid or unpaid vacation.

• The "wages" rule: If you choose to offer vacation, it is legally considered "wages" once earned.

• Payouts: You may implement a "use-it-or-lose-it" policy, but it must be in writing. If your written policy does not explicitly state that vacation is forfeited upon termination, you may be legally required to pay out all accrued, unused time in the final paycheck.

Sick and parental leave (new for 2026)

• General sick leave: No state law mandates general paid sick leave.

• Mandatory parental appointment leave: As of January 1, 2026, employers with 20+ employees must provide up to 25 hours of unpaid leave for medical appointments related to childbirth, postpartum care, or pediatric care for an infant (within the first year).

• NH PFML: New Hampshire offers a voluntary Paid Family and Medical Leave insurance program. Employers with 50+ employees must facilitate payroll deductions for employees who opt into this individual insurance.

Holidays

• Veterans Day: Private employers must permit any veteran to take Veterans Day off (unpaid) if they provide advance notice. Employers cannot penalize a veteran for exercising this right.

• Other holidays: No other holiday leave (paid or unpaid) is required. If you do provide holiday pay, it must be documented in a written policy provided to the employee.

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New Hampshire law distinguishes between younger and older minors regarding both the paperwork required and the hours they can legally work.

Required paperwork

• Ages 14–15: Must obtain a Youth Employment Certificate. The employer provides a "Request for Child Labor" form, which the minor takes to their school (or parent) to be signed.

• Ages 16–17: No school permit is required. The employer must simply keep a signed Parental Permission Form on file at the worksite.

Working hours for 14–15-year-olds

• School weeks: Max 3 hours per day / 18 hours per week.

• Non-school weeks: Max 8 hours per day / 40 hours per week.

• Curfew: 7 AM – 7 PM (Extended to 9 PM from June 1st through Labor Day).

Working Hours for 16–17-year-olds (2026 updates)

• School week (5-day): Max 35 hours per week.

• School week (less than 5 days): Max 40–48 hours depending on the schedule.

• Vacation/summer: Max 48 hours per week / 6 consecutive days.

• New 2026 curfew: During the school year, these minors cannot work past 9:00 PM on school nights (Sun–Thurs) or past 11:00 PM on weekends (Fri–Sat).

Prohibited occupations

Minors are prohibited from "Hazardous Occupations." For those under 16, this includes any manufacturing or processing work. For 16- and 17-year-olds, this includes roofing, excavation, and operating power-driven meat slicers or bakery mixers.

Hiring
The New Hampshire Law Against Discrimination (NHLAD) prohibits hiring discrimination based on the following protected characteristics that include:

• Age

• Sex

• Race

• Disability

The New Hampshire Criminal History Access Law restricts employers from refusing to conduct a background check on conditions of crime, indictments, or records of arrest that are more than 7 years old. 

Firing
New Hampshire employers have the right to terminate employees at will for nearly any reason and no reason at all provided the reason is not unlawful.