Filing a Wage and Hour Claim – New Hampshire

1. Does New Hampshire have state overtime laws that are different from federal law?

New Hampshire law is virtually identical to federal overtime law. New Hampshire requires that anyone who works in excess of 40 hours per week be paid one and one-half their normal rate. Employees who are exempt from the overtime requirements under federal law are also exempt under state law. In addition, any employee working for an amusement, seasonal, or recreational establishment that does not operate for more than seven months per year or earns the vast majority of its revenue in only six months of the year is also exempt from the state’s overtime requirement.

2. Does New Hampshire have a minimum wage that is different from federal law?

New Hampshire’s minimum wage is $7.25 per hour, which is the same as the federal minimum wage. Tipped employees in New Hampshire must receive a minimum of 45% of the minimum wage, or $3.27 per hour. See the New Hampshire Department of Labor website for more information.

4. Does New Hampshire have meal and rest break requirements, unlike federal law?

An employer cannot require an employee to work more than five consecutive hours without providing her/him with a 30-minute lunch break.

4. Does New Hampshire have other labor standards laws that are different from federal law?

An employer can only make deductions from an employee’s salary (other than those required by law) if the employee has given her/his permission, and if it is for the employee’s benefit (e.g. union dues, medical care). Other deductions, for example for losses the employee has allegedly caused, are illegal.

5. How do I file a wage/hour or labor standards claim in New Hampshire?

If your employer has violated the state’s wage-and-hour provisions, you may file a claim with the New Hampshire Department of Labor by filling out a wage claim form.

6. What are my time deadlines?

Do not delay in contacting the New Hampshire Department of Labor, either by filling out a wage claim form or contacting them for more information. There are strict time limits in which charges of wage-and-hour violations must be filed. In order for the Department of Labor to act on your behalf, you must file your wage claim within three years. However, as you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring. It may be helpful to consult with an attorney prior to filing your claim, but it is not necessary to have an attorney to file your claim with the New Hampshire Department of Labor.

Accordion Title8. How can I or my attorney pursue a claim in court in New Hampshire?

If you wish, it is possible, instead of filing a wage claim with the state Department of Labor, to sue for wages that your employer owes you. You can sue in any court of competent jurisdiction in the state (state court is the most obvious place if this is your only claim). As with the Department of Labor, the court can grant you the wages you are owed, additional damages, costs, and attorneys’ fees. The statute of limitations appears to be three years for such a claim. While it is recommended that you find a lawyer before proceeding in state court, you can learn how to represent yourself as well.