New Hampshire Minimum Wage Laws and Employer Requirements
Explore how New Hampshire’s wage laws align with federal standards and what employers must know to stay compliant and avoid penalties.
New Hampshire’s minimum wage is directly tied to the federal rate, currently $7.25 per hour.1U.S. Department of Labor. State Minimum Wage Laws This approach differs from many states that have set higher minimums. For workers and businesses, particularly in lower-wage sectors, understanding these state-specific rules, including how the federal standard applies and how tipped workers are paid, is crucial.
Relevant Statutory Provisions
New Hampshire’s minimum wage rules are primarily outlined in the state’s Revised Statutes Annotated (RSA), Chapter 279, known as the “Minimum Wage Law.” This chapter establishes employers’ basic pay obligations.
RSA 279:21 links the state minimum wage directly to the federal standard set by the Fair Labor Standards Act (FLSA).2Justia Law. New Hampshire Revised Statutes Section 279:21 – Minimum Hourly Rate It requires employers to pay an hourly rate no lower than the federal minimum, which is currently $7.25.
State law also mandates specific record-keeping and notification practices. RSA 279:27 requires employers to keep accurate records of hours worked and wages paid for each employee for three years.3Justia Law. New Hampshire Revised Statutes Section 279:27 – Records of Hours and Wages These records must be available for inspection by the state’s Labor Commissioner. This section also requires employers to post information about the minimum wage for employees. Additionally, RSA 275:49 requires employers to provide written notice of an employee’s pay rate at the time of hiring and before any changes to that rate.
Federal vs. State Differences
Because New Hampshire law, specifically RSA 279:21, adopts the federal minimum wage, the state rate is currently $7.25 per hour, matching the federal standard established under the FLSA.
Generally, when federal and state laws cover the same employment issue, the law providing greater protection or a higher benefit to the employee applies. States can set minimum wages higher than the federal level. However, since New Hampshire has not done so, the $7.25 rate applies under both state and federal law for most workers.4State of New Hampshire Department of Labor. Minimum Wage If the federal minimum wage increases, New Hampshire’s rate will automatically rise unless the state legislature enacts a different standard. If New Hampshire were to set a rate higher than the federal minimum, that higher state rate would prevail.
Tipped Employee Wage Requirements
New Hampshire allows employers in certain service industries, like restaurants and hotels, to pay tipped employees a lower direct cash wage by using a “tip credit,” as permitted by RSA 279:21. This applies only if an employee regularly receives more than $30 per month in tips.
Under this system, the employer must pay a base hourly rate of at least 45 percent of the applicable minimum wage. With the current $7.25 minimum wage, this means a minimum direct cash wage of $3.27 per hour.5U.S. Department of Labor. Minimum Wages for Tipped Employees The difference between this base rate and the full minimum wage ($3.98 per hour) is the maximum tip credit the employer can claim.
Crucially, the employee’s combined earnings from the direct cash wage and tips must average at least the full minimum wage ($7.25) for all hours worked in a pay period. If the total falls short, RSA 279:21 requires the employer to pay the difference, ensuring the employee receives the equivalent of the full minimum wage.6State of New Hampshire Department of Labor. Wages and Work Hours FAQs
Exemptions and Exceptions
New Hampshire’s Minimum Wage Law (RSA Chapter 279) includes exemptions for certain types of employment, meaning the standard $7.25 per hour rate does not apply to these workers. These exceptions are detailed in RSA 279:21.7Franklin Pierce University Human Resources. New Hampshire Minimum Wage Law Poster
Exempt categories include individuals employed in household, domestic, or farm labor. Outside sales representatives and employees of summer camps for minors are also excluded from the state minimum wage requirements. Other specific exemptions cover newspaper carriers, non-professional ski patrol members, and golf caddies.
The law also allows for sub-minimum wage rates in limited situations. RSA 279:21 permits employers to pay workers with less than six months of experience 75 percent of the minimum wage ($5.44 per hour), but only if the employer files an application with the Labor Commissioner within 10 days of hiring. Similarly, employees aged 16 or younger may be paid 75 percent of the minimum wage, provided the employer keeps proof of age on file. Note that federal law contains separate exemptions, such as those for certain executive, administrative, and professional roles.
Reporting Violations
Employees who believe they have not been paid the required minimum wage ($7.25 per hour, or the correct base rate plus tips for tipped workers) can file a complaint with the New Hampshire Department of Labor (NH DOL). The department’s Wage and Hour Division handles these issues.
To report a violation, an employee should submit a “Wage Claim Form” to the NH DOL.8New Hampshire AFL-CIO. Wage Theft & Workplace Violations Fact Sheet This form requires details such as the employee’s contact information, employer’s name and address, employment dates, pay rate, hours worked, wages received, and the amount believed to be owed. The form is available on the NH DOL website or from their Concord office.
Submitting supporting documents like pay stubs, personal time logs, or employment agreements can help the department’s investigation. The Labor Commissioner has the authority under state law (including RSA 279:28 and RSA 275:51) to investigate wage complaints. Typically, the department notifies the employer and reviews payroll records, as mandated by RSA 279:27, to determine if a violation occurred.
Penalties for Noncompliance
Employers failing to meet New Hampshire’s minimum wage obligations face potential penalties enforced by the NH DOL. Under RSA 279:28, the Labor Commissioner can investigate violations and recover unpaid wages for affected employees.9Justia Law. New Hampshire Revised Statutes Section 279:28 – Penalties
The state may also impose administrative penalties on noncompliant employers, as authorized by RSA 279:28-a. Failure to pay the minimum wage can lead to criminal charges under RSA 279:28. For an individual employer, this is a misdemeanor; for a corporation, it is a felony. Each week of underpayment counts as a separate offense. Failure to keep proper wage records (RSA 279:27) can also result in penalties.
Employees also have the right to sue their employer directly for unpaid wages under RSA 275:53. If successful, a court may award the unpaid wages plus an equal amount in liquidated damages if the employer’s failure to pay was willful (RSA 275:44). The court may also order the employer to pay the employee’s reasonable attorney’s fees and court costs (RSA 275:53).
