New Hampshire Payroll Laws (2024 Guide For Employers)

What do you know about New Hampshire payroll laws?

Straight off the bat, here are a few key points:

• The New Hampshire minimum wage is currently $7.25 per hour.
• New Hampshire employers are not required by state law to provide paid sick leave.
• Employers must maintain accurate employee payroll records for at least three years.

It’s essential for both employees and employers in New Hampshire to familiarize themselves with the intricate details of payroll and labor laws.

While absorbing this large amount of information may seem daunting, it is crucial to ensure they adhere to these significant regulations effectively.

Without wasting any time, let’s dive in.

Disclaimer: Despite our best efforts to provide you with accurate information on this topic at the time of writing, we cannot guarantee the accuracy of the content at the time of reading. This blog post is for informational purposes only and should not be considered legal advice. Consult an attorney for specific guidance on New Hampshire payroll laws.

Pay Requirements in New Hampshire

In New Hampshire, employers are required to pay employees at least the minimum wage. The New Hampshire minimum wage is currently $7.25 per hour, which aligns with the federal minimum wage.

Employers must establish a regular payday and pay employees at least once per calendar month. Payment of wages must be made within eight days of the end of the pay period.

Employees who are not paid within this time frame are entitled to claim their unpaid wages, plus liquidated damages, under New Hampshire law.

Employers who fail to pay wages in a timely manner may face penalties imposed by the New Hampshire Department of Labor.

Overtime Pay in New Hampshire

New Hampshire labor laws require employers to pay non-exempt employees overtime pay when they work more than 40 hours in a workweek.

The overtime pay rate is one and a half times the employee’s regular rate of pay. For example, if an employee’s regular rate is $10.00 per hour, their overtime rate would be $15.00 per hour.

There are some exemptions to the overtime pay requirements, such as employees who work in executive, administrative, or professional roles, or those who are covered by the federal Fair Labor Standards Act (FLSA).

It is essential to understand the specific exemptions applicable to your employment situation.

Sick Leave in New Hampshire

New Hampshire employers are not required by state law to provide paid sick leave.

However, if an employer chooses to offer paid sick leave or other types of paid time off (PTO), the employer must follow their established policy or employment agreement.

In the event of layoffs, New Hampshire law does not mandate the payout of accrued PTO, unless specified in the employer’s policy or the employment agreement.

Unpaid leave may be available to employees under federal law, such as the Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year.

Deductions & Withholdings in New Hampshire

In general, an employer cannot deduct wages for breaking company policy without the employee’s written consent.

However, there are some exceptions, such as deductions required by law or deductions for union dues, retirement contributions, or insurance premiums.

Employers must provide a written notice of the nature and amount of any deductions from the employee’s wages.

Employment Rights in New Hampshire

New Hampshire employees have various rights under state and federal law, including protections against discrimination based on race, color, religion, sex, age, national origin, sexual orientation, and disability.

Employees have the right to a safe workplace, access to their personnel file, and protection from retaliation for engaging in whistleblower activities.

Minors working in New Hampshire are subject to specific regulations, such as restrictions on the number of hours they can work and required work permits.

Employers must ensure compliance with both state and federal child labor laws.

Record-Keeping & Compliance in New Hampshire

New Hampshire employers are required to maintain accurate records of each employee, including their name, address, occupation, rate of pay, hours worked, and total earnings.

These records must be kept for at least three years.

Employers must also provide employees with a written statement of their earnings and deductions for each pay period.

Proper record-keeping is essential to ensure compliance with New Hampshire labor laws and federal regulations, such as the Fair Labor Standards Act (FLSA).

Penalties for Non-Compliance in New Hampshire

Employers who fail to comply with New Hampshire labor laws may face various penalties.

For instance, if an employer does not pay an employee their wages in a timely manner, they may be required to pay the employee’s unpaid wages, plus liquidated damages.

The New Hampshire Department of Labor may impose fines and penalties on non-compliant employers.

Pay Frequency & Payment Details in New Hampshire

New Hampshire employers have the option to pay employees on a biweekly basis, provided that they establish a regular payday.

Employees must be paid within eight days of the end of the pay period. Employers must also provide written notice to employees at the time of hire, outlining the rate of pay, the pay frequency, and the designated payday.

The place of payment should be specified, ensuring that employees know where to collect their wages.

Meal Periods & Breaks in New Hampshire

New Hampshire labor laws require employers to provide a meal period of at least 30 consecutive minutes when an employee works a shift of five or more consecutive hours.

However, this meal period may be unpaid if the employee is relieved of all work-related duties during the break.

It is important for employers to adhere to these requirements, as violations may lead to penalties under RSA 275:30.

Full-Time & Salaried Employees in New Hampshire

Full-time employees and salaried employees may be subject to different rules and regulations than part-time or hourly workers.

For instance, salaried employees who meet specific criteria may be exempt from minimum wage and overtime pay requirements under the FLSA.

Employers should carefully review the classification of their employees and ensure they are compliant with both state and federal labor laws.

Final Wages & Employee Termination in New Hampshire

Upon termination, an employer must pay a former employee their final wages no later than the next regular payday or within 72 hours, whichever comes first.

This includes any earned but unpaid wages, as well as any applicable fringe benefits.

Employers should be aware of these requirements to avoid penalties and ensure a smooth transition for the departing employee.

New Hampshire Payroll Laws (Closing Thoughts)

The purpose of this article is to provide you with a basic understanding of New Hampshire’s employment and payroll laws.

It’s essential for both employees and employers to familiarize themselves with these laws to avoid workplace disputes.

Grasping this information is a significant stride towards gaining a comprehensive understanding of the regulatory landscape that governs employment in New Hampshire.

Disclaimer: Not Legal Advice

This blog post provides a general overview of New Hampshire labor laws but does not constitute legal advice.

Laws and regulations are subject to change, and there may be additional requirements or exemptions that apply to specific situations.

Employers and employees should consult a qualified labor law attorney for advice on their specific circumstances.

If you have any questions about your rights or obligations as an employer or employee in New Hampshire, it is essential to consult with a labor law attorney to receive accurate information and guidance tailored to your situation.

By seeking professional legal advice, you can ensure that you are taking the appropriate steps to comply with labor laws and protect your rights.

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