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New Hampshire - Wage Payment Laws - Employment Law Handbook

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Frequency of Wage Payments

An employer must pay employees weekly and within eight days of the end of the pay period, unless the New Hampshire Department of Labor has authorized the employer to pay less frequently not to exceed payment of wages once per month.

An employer who requests permission to pay less frequently than weekly must supply the New Hampshire Department of Labor with the following:

  • Method of payment;
  • Whether biweekly (once every two (2) weeks); or semi-monthly (two (2) times per month) or monthly;
  • When each pay period begins and when each pay period ends;
  • Designated payday;
  • Classification of employees;
  • The salary range of the employees involved; and
  • The employers’ federal identification number.

The New Hampshire Department of Labor will grant permission to pay less frequently than weekly on a case by case basis provided the following terms and conditions are met:

  • The information required to be supplied, as listed above, is complete;
  • The designated payday is on a regular schedule which is no less frequent than monthly;
  • The employer has no history of wage and hour violations; and
  • The employees of the employer making such request will not endure financial hardship by a decrease in pay frequency.

If the New Hampshire Department of Labor grants permission, the permission is valid for an indefinite period of time, provided that:

  • No complaints are received by the Department of Labor from the employees involved;
  • Payroll is regularly satisfied on the designated payday;
  • The information provided by the employer to substantiate its request does not change; and
  • The employer remains in compliance with all New Hampshire labor laws.

New Hampshire Stat. 275:43; NH Admin. Rules 803.01



 


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Manner of Wage Payments

An employer may pay wages due by:

  • cash;
  • electronic fund transfer;
  • direct deposit with written authorization of the employee to banks of the employee’s choice;
  • a payroll card provided the employer must provide to the employee at least one free means to withdraw up to and including the full amount of the employee balance in the employee’s payroll card or payroll card account during each pay period at a financial employee’s payroll card or payroll card account during each pay period at a financial institution or other location convenient to the place of employment. None of the employer’s costs associated with a payroll card or payroll card account shall be passed on to the employee; or
  • with checks on a financial institution convenient to the place of employment where suitable arrangements are made for the cashing of such checks by employees for the full amount of the wages due.

If an employer elects to pay employees by electronic fund transfer, direct deposit or payroll card, the employer must offer employees the option of being paid by check.
New Hampshire Stat. 275:43


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Direct Deposit

An employer may pay wages by direct deposit, however, it must have the written consent of an employee to do so. An employer cannot require an employee to be paid by direct deposit. New Hampshire Stat. 275:43


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Payment upon Separation from Employment

Employees who are fired, discharged, or terminated

When an employee is discharged from employment by the employer, the employer must pay the employee all wages due within 72 hour of the discharge. New Hampshire Stat. 275:44

Employees who quit or resign

When an employee voluntarily leaves employment and gives the employer at least one pay period’s notice of their intention to quit, the employer must pay the employee all wages due within 72 hours. If the employee has not given at least one pay period’s notice of their intention to quit, the employer must pay the employee by the next regular pay day. New Hampshire Stat. 275:44

Employees who are suspended or resigns due to a labor dispute (strike)

When an employee leaves employment as a result of a labor dispute, the employer must pay the employee by the next regular pay day. New Hampshire Stat. 275:44

Employees who are laid off

When an employee is laid off, the employer must pay the employee by the next regular pay day. New Hampshire Stat. 275:44


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Wages in Dispute

In the case of a dispute between an employer and employee over the amount of wages due, an employer must timely pay, without condition, all wages, or parts thereof, conceded to be due, leaving to the employee all remedies he might otherwise be entitled to as to any balance claimed. The acceptance by an employee of such a payment does not constitute a release as to the balance of his claim and any release required by an employer as a condition of payment violates of this subdivision and shall be null and void. New Hampshire Stat. 275:45


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Deductions from Wages

An employer may not deduct any of the following from an employee’s wages:

  • cash shortages
  • breakage, damage, or loss of the employer’s property
  • dishonored or returned checks
  • required uniforms, as defined as a garment with a logo or distinctive design.

An employer cannot withhold or deduct any portion of an employee’s check, unless:

  • permitted to do so by state or federal law, or
  • the employee has consented in writing to any of the following deductions:
    • union dues;
    • health, welfare, pension, and apprenticeship fund contributions;
    • voluntary contributions to charities;
    • housing and utilities;
    • payments into savings funds held by someone other than the employer;
    • voluntary rental fees for non-required clothing;
    • voluntary cleaning of clothing and non-required clothing;
    • the employee’s use of a vehicle under New Hampshire Stat. 261: 111;
    • medical, surgical, hospital, and other group insurance benefits without financial advantage to the employer, and deductions are duly recorded;
    • required clothing not covered by the definition of uniform, which is a garment with a company logo or fashion of distinctive design, worn by one or more employees, and serving as a means of identification or distinction.
  • the deductions are pursuant to any rules or regulations for medical, surgical, or hospital care or service, without financial benefit to the employer and openly, clearly, and in due course recorded in the employer’s books.
  • the employee has consented in writing to any of the following deductions and the employer has provided a written itemized accounting of such requested deductions to the employee at least once per month:
    • voluntary contributions into cafeteria plans or flexible benefit plans, or both;
    • voluntary payments for:
      • child care fees by a licensed child care provider;
      • parking fees;
      • pharmaceutical items, gift shop, and cafeteria items purchased on site of a hospital by hospital employees.
    • voluntary installment payments of legitimate loans made by the employer to the employee as evidenced by a document that includes the following:
      • the time the payments will begin and end;
      • the amount to be deducted;
      • a specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
    • voluntary payments for the recovery of accidental overpayment of wages when the following conditions are met:
      • the recovery is agreed to in writing;
      • the deduction for the overpayment begins on pay period following the date
      • the written agreement specifies:
        • the date the recovery of the overpayment will begin and end;
        • the amount to be deducted, which shall be agreed upon by the employer and the employee but which shall, in no event, be more than twenty (20) percent of the employee’s gross pay in any pay period.
        • a specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
    • voluntary payments for the recovery of tuition for non-required educational costs paid by the employer for the employee to an educational institution when the specific deduction is authorized in writing prior to the deduction as evidenced by a document that includes the following:
      • The time the payments will begin and end.
      • The amounts to be deducted.
      • A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
    • voluntary payments for the employee’s use of a health or fitness facility that is sponsored by the employer for the benefit of its employees and that is located within the employer’s facility or workplace, or operated by a private health and fitness facility that offers discounted memberships of fifty (50) percent or more to all employees of the employer, as evidenced by a document that includes the following:
      • The time the payments will begin and end.
      • The amounts to be deducted.
      • A specific agreement regarding whether the employer is allowed to deduct any amount outstanding from final wages at the termination of employment.
  • The employee requests in writing that deductions may be made for contributions to a political action committee from the employee’s wages.
  • The employer has a written request from the employee, made at the time of the original request without coercion or pressure, that authorizes the employer to deduct from the employee’s final wages at the termination of employment any amount the employee may owe for voluntary payments for vacation pay, paid time off pay, earned time pay, personal time pay, annual pay, sick pay, sick dependent pay, and bereavement pay made pursuant to a written employment policy as required by New Hampshire Stat. 275:49, when the payments have been requested and paid to the employee in advance of eligibility. New Hampshire Stat. 275:48

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Uniforms, Tools, and Other Equipment Necessary for Employment

An employer may not require an employee to pay the cost of a uniform. Uniform is defined as a garment with a logo or distinctive design. An employer may deduct the cost of required garments not constituting a uniform from an employee’s wages. New Hampshire law does not address tools or other equipment necessary for a job, thus, it is unlikely, pursuant to New Hampshire general prohibition, that an employer may deduct the cost of those items from an employee’s wages. New Hampshire Stat. 275.48


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Pre-hire Medical, Physical, or Drug Tests

An employer may not require any employee or applicant to pay the cost of a medical examination or the cost of furnishing any records required by the employer as a condition of employment. New Hampshire Stat. 275:3


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Notice of Wage Reduction

An employer must notify an employee in writing prior to any change to the employee’s wage rate. NH Admin. Rules 803


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Statement of Wages (Pay Stub)

An employer must provide an employee, at least once per month, an itemized accounting of deductions made from their wages. New Hampshire Stat. 275:48


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Record Keeping Requirements

An employer must retain a record of hours worked, wages paid, and, if appropriate, an employee’s classification for all employees for a period of no less than four (4) years. New Hampshire Stat. 279:27; NH Admin. Stat. 803

An employer must:

  • record payroll information so that time records, showing the time work began and ended including any bona fide meal periods, shall support individual pay sheets and that payroll sheets, in turn, shall support canceled checks or cash receipts;
  • require that time records with entries that are altered by signed or initialed by the employee whose record was altered;
  • not make use of automated time keeping devices or software programs that can be altered by an employer without the knowledge of the employee, or that do not clearly indicate that a change was made to the record;
  • make records that show the exact basis of remuneration of an employee’s compensation;
  • make available any records, if requested, to show a relationship other then employer-employee, e.g. independent contractor;
  • maintain on file a signed copy of the written notice given to each employee regarding their rate of pay, frequency of pay, day and place of payment, and specific method used to determine wages due, as well as any policies regarding fringe benefits.

NH Admin. Rules 803


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Notice Requirements

An employer must notify its employees in writing at the time of hire or prior to any change as to the rate of pay or salary, the frequency in which wages will be paid, the day and place of payment, and the specific methods used to determine wages due.

An employer must provide its employees by either written notice or by posting a detailed description of employment practices and policies as they pertain to paid vacations, holidays, sick leave, bonuses, severance pay, personal days, payment of the employees’ expenses, pension and any other fringe benefits.
NH Admin. Rules 803


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