Minimum wage laws establish the lowest hourly rate an employer can legally pay their workers. For employees in New Hampshire, understanding these laws is a factor in their financial stability and fair treatment in the workplace. This article provides a detailed explanation of the state’s wage regulations.
New Hampshire’s General Minimum Wage
New Hampshire does not have a state-specific minimum wage that exceeds the federal standard, so the state adheres to the federal minimum wage. Under New Hampshire statute RSA 279:21, the federal rate applies if it is higher than any state-established minimum. The current federal minimum wage is $7.25 per hour, and this has been the effective rate for covered, non-exempt employees in New Hampshire since 2009.
While there have been legislative proposals to increase the state’s minimum wage, none have been enacted. Employers are required to keep accurate records of all hours worked by each employee to ensure compliance with this wage requirement.
Wage Rules for Tipped Employees
The regulations for employees who receive tips are more complex, involving a different base pay rate and the concept of a tip credit. In New Hampshire, employers of tipped employees, such as those in restaurants, hotels, and inns, can pay a lower direct cash wage. This is permitted for employees who receive more than $30 per month in tips.
The state law specifies that the minimum cash wage for a tipped employee must be at least 45% of the standard minimum wage, which calculates to a direct hourly wage of at least $3.27. The employer can then use a “tip credit” to account for the difference between the cash wage and the full minimum wage of $7.25. However, the employee’s combined earnings from the direct wage and tips must average at least $7.25 per hour for each pay period. If the total earnings fall short, the employer is legally required to pay the difference to ensure the employee receives the full minimum wage.
Employees Not Covered by Minimum Wage
Certain categories of employees are exempt from New Hampshire’s minimum wage laws. For instance, agricultural laborers, domestic workers employed in a private home, and outside salespersons who primarily work away from the employer’s place of business are not covered.
The law provides exemptions for several other specific roles, including:
- Newspaper carriers
- Non-professional ski patrol members
- Golf caddies
- Employees of summer camps for minors
- Employees of certain amusement or recreational establishments that operate on a seasonal basis for no more than seven months a year
Overtime Pay Regulations in New Hampshire
New Hampshire law requires that most hourly employees be compensated for overtime work. Covered, non-exempt employees must be paid at a rate of at least 1.5 times their regular rate of pay for any hours worked beyond 40 in a single workweek.
The eligibility for overtime pay generally aligns with the federal Fair Labor Standards Act (FLSA), and many of the same exemptions that apply to the minimum wage also apply to overtime. For example, salaried executives, administrative, and professional employees who meet specific criteria are typically exempt from overtime. It is important to understand that the overtime calculation is based on the employee’s regular rate of pay, not necessarily the minimum wage.
Filing a Minimum Wage Claim
An employee who believes they have been paid less than the legal minimum wage or have not received proper overtime pay can file a claim with the New Hampshire Department of Labor (DOL). The first step is to obtain the official Wage Claim Form, which is available on the DOL’s website.1State of New Hampshire Department of Labor. File an Online Wage Claim
You will need to provide your contact details, the employer’s full name and address, your dates of employment, and a detailed account of the hours worked and wages paid. You should calculate the amount of unpaid wages you are owed, whether from a substandard hourly rate or unpaid overtime. The completed form must be submitted to the NH Department of Labor. Once filed, the DOL will review the claim, notify the employer, and may proceed with an investigation or a formal hearing.