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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
New Hampshire employer cannot require that an employee work more than five
consecutive hours without granting a 30 minute lunch or eating period. If the employer
cannot allow 30 minutes, the employee must be paid if they are eating and working at the
same time. In accordance with federal law, if an employer chooses to provide additional
breaks, they must be paid if they are of the type usually lasting less than 20 minutes. NH
Rev. Stat. Ann. 275:30-A.
New Hampshire employer cannot require that an employee work more than five
consecutive hours without granting a 30 minute lunch or eating period. If the employer
cannot allow 30 minutes, the employee must be paid if they are eating and working at the
same time. In accordance with federal law, if an employer chooses to provide additional
breaks, they must be paid if they are of the type usually lasting less than 20 minutes. NH
Rev. Stat. Ann. 275:30-A.
Vacation
New Hampshire has no laws requiring employers to provide employees with vacation
benefits, either paid or unpaid.
Neither New Hampshire’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
Although New Hampshire’s authorities are silent regarding many vacation policy issues,
based on the contractual emphasis New Hampshire has placed on vacation policies, an
employer is likely free to implement the vacation policy of its choosing. NH RSA 279:49 III.
An employer must inform its employees in writing of its policies regarding vacation
benefits, holiday pay, sick leave, severance, other types of leave, or other fringe benefits.
NH RSA 279:49 III. An employer would be required to comply with the terms of its policy or
contract.
New Hampshire has no laws requiring employers to provide employees with vacation
benefits, either paid or unpaid.
Neither New Hampshire’s Legislature nor its courts have given any significant guidance
regarding other potential vacation policy issues. They are silent regarding whether an
employer may:
- establish a policy or enter into a contract denying employees payment for accrued
vacation leave upon separation from employment, - deny payment for accrued vacation to an employee upon separation from
employment if its policy or contract is silent on the matter, - require an employee to comply with specific requirements to qualify for payment of
vacation leave upon separation from employment, such as giving two weeks notice
or being employed as of a specific date of the year, - cap the vacation leave an employee may accrued over time,
- implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set
date or lose it.
Although New Hampshire’s authorities are silent regarding many vacation policy issues,
based on the contractual emphasis New Hampshire has placed on vacation policies, an
employer is likely free to implement the vacation policy of its choosing. NH RSA 279:49 III.
An employer must inform its employees in writing of its policies regarding vacation
benefits, holiday pay, sick leave, severance, other types of leave, or other fringe benefits.
NH RSA 279:49 III. An employer would be required to comply with the terms of its policy or
contract.
Severance
New Hampshire law does not require employers to provide employees with severance pay.
If an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
New Hampshire law does not require employers to provide employees with severance pay.
If an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays
New Hampshire law does not require employers to provide employees with either paid or
unpaid holiday leave. In New Hampshire, an employer can require an employee to work
holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
New Hampshire law does not require employers to provide employees with either paid or
unpaid holiday leave. In New Hampshire, an employer can require an employee to work
holidays. An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws. If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage
New Hampshire's current minimum wage is $7.25. NH Dept. of Labor FAQs. Some
exceptions apply to New Hampshire's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
New Hampshire's current minimum wage is $7.25. NH Dept. of Labor FAQs. Some
exceptions apply to New Hampshire's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. See FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
New Hampshire requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. NH Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
New Hampshire requires an employer to pay overtime to employees, unless otherwise
exempt, at the rate of 1 1/2 times the employee's regular rate of pay for all hours worked in
excess of 40 hours in a workweek. NH Dept. of Labor FAQs. See FLSA: Overtime for more
information regarding overtime requirements.
Sick Leave
New Hampshire law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
An employer in New Hampshire may be required to provide an employee unpaid sick leave
in accordance with the Family and Medical Leave Act or other federal laws.
New Hampshire law does not require employers to provide employees with sick leave
benefits, either paid or unpaid. If an employer chooses to provide sick leave benefits, it
must comply with the terms of its established policy or employment contract.
An employer in New Hampshire may be required to provide an employee unpaid sick leave
in accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
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| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge, threaten, or coerce an employee for receiving and/or
responding to a summons, serves as a juror, or attends court for prospective jury service.
New Hampshire Stat. 500-A:14
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not discharge, threaten, or coerce an employee for receiving and/or
responding to a summons, serves as a juror, or attends court for prospective jury service.
New Hampshire Stat. 500-A:14
