New Hampshire Minimum Wage and Overtime Exemptions




Executive exemption

New Hampshire exempts executive employees from its overtime requirements. To qualify for the executive employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NH Statute 279:21(VII)(b)



Administrative exemption

New Hampshire exempts administrative employees from its overtime requirements. To qualify for the administrative employee exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NH Statute 279:21(VII)(b)



Professional exemption

New Hampshire exempts professional employees from its overtime requirements. To qualify for the professional employees exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NH Statute 279:21(VII)(b)




Outside salesman exemption

New Hampshire exempts outside sales people from its minimum wage and overtime requirements. NH Statute 279:21(I) Outside sale people are defined as employees who:

  • make sales or obtains order or contracts for services,
  • customarily and regularly perform their work away from their employer’s place of business, and
  • do not have their time scheduled by their employer.

NH Admin. Rules, Lab 802.08



Computer employee exemption

New Hampshire exempts computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from it overtime requirements. To qualify for the <computer systems analyst, computer programmer, software engineer, or other similarly skilled workers exemption, an employee must meet the requirements established under the federal Fair Labor Standards Act and its related regulations. NH Statute 279:21(VII)(b)



Other minimum wage and overtime exemptions

New Hampshire exempts the following employees from its minimum wage and overtime requirements:

  • employees working in household labor, domestic labor, and farm labor;
  • employees working at youth summer camps;
  • employees working as newsboys;
  • employees working as non-professional ski patrolmen;
  • employees working as golf caddies;
  • children working for their parents, grandparents, or a person or persons in place of their parents or grandparents who furnish full maintenance for the children;
  • a spouse working for another spouse on a voluntary basis when the spouse who is working for the other does not expect any pay for the work other than support received from the other spouse’s business profits.

NH Statute 279:21; NH Statute 279:26-a.



Overtime only exemptions

New Hampshire law exempts the following from only its overtime requirements. Employers in these situation must comply with any minimum wage requirements:

  • any employee of an employer covered by the federal Fair Labor Standards Act
  • employees of amusement, seasonal, recreational establishments if:
    • the establishments do not operate more than 7 months in any calendar year; or
    • during the preceding calendar year, their average receipts for any 6 months of such year were not more than 33 1/3 percent of its average receipts for the other 6 months of that year, and the establishments must receive in the previous year at least 75 percent of its income with 6 months, although the 6 months do not need to be consecutive.

NV Statute 279:21(VIII)