New Hampshire employment laws offer employers a fairly straightforward compliance landscape. Regardless, employers must still navigate specific requirements for final paychecks, payouts of unused vacation time, and non-compete agreements.
When it comes to talent and workforce management, New Hampshire-based employers need to comply with the following state employment laws:
The below information was last updated July 21, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.
A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.
Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.
Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).
New Hampshire currently has no right-to-work laws or regulations. Although, under section 14(b) of the National Labor Relations Act (NLRA), New Hampshire can pass a right-to-work law in the future if it chooses.
Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.
| New Hampshire Minimum Wage |
The state of New Hampshire mirrors the federal minimum wage rate of $7.25, but has a slightly higher tipped minimum wage rate of $3.26 for employees who earn tips with their base pay. |
|
New Hampshire |
According to New Hampshire Revised Statutes (RSA) § 279:21, overtime pay in New Hampshire is calculated at 1.5 times the employee’s regular pay rate for hours worked over 40 in a workweek. Special rules apply for delivery drivers or sales merchandisers who use fluctuating workweeks. |
| New Hampshire Pay Equity Law |
Under state statutes, public and private employers in New Hampshire must not discriminate between employees based on sex by paying employees of one sex at a rate less than that paid to employees of another sex for equal work that requires equal skill, effort, and responsibility and is performed under similar working conditions. An employer who is paying wages in violation of this provision shall not reduce the wage rate of other employees to comply with the law. |
|
New Hampshire |
New Hampshire currently has no pay transparency laws or regulations. |
|
New Hampshire |
In New Hampshire, employees who voluntarily resign from a job must receive their final paycheck within 72 hours if notice is given, or on the next regular payday if no notice is given. If, however, an employee is involuntarily terminated, they must receive their final paycheck within 72 hours. |
|
New Hampshire |
New Hampshire currently requires employers to pay out unused vacation time if the employer doesn’t have a policy specifying whether the time is to be paid out or not. It also allows the use of "use-it-or-lose-it" policies. |
| New Hampshire Paid Sick Leave (PSL) | New Hampshire currently has no paid sick leave laws or regulations. |
|
New Hampshire Paid Family and Medical Leave (PFML) |
New Hampshire is one of over a dozen states with a PFML program. Under its Paid Family and Medical Leave Plan, employers have the option to participate in a voluntary insurance plan that provides employees with 60% wage replacement for up to six weeks per year for absences from work for covered common life events. |
| New Hampshire Maternity Leave | New Hampshire doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Employees typically rely on a separate type of employer-provided leave, the federal Family and Medical Leave Act (FMLA), or a state-mandated PFML program to obtain maternity leave. |
|
New Hampshire Voting Leave Law |
New Hampshire currently has no voting leave laws or regulations. |
All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).
While some states adopt additional health and safety regulations, New Hampshire is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.
Under New Hampshire's meal break law, employers must provide 30 minutes after five consecutive hours of work unless it is feasible for employees to eat while working and is permitted to do so by the employer.
As described by RSA §345-A, and enforced by the New Hampshire Commission for Human Rights, employers in New Hampshire are prohibited from discriminating against employees based on:
|
|
New Hampshire also requires employers to comply with specific anti-harassment mandates, also outlined in RSA §354‑A. Employers must, for example, take corrective action and address complaints efficiently.
New Hampshire doesn't, however, require employees to complete any harassment or discrimination training courses.
| New Hampshire Non-Compete Agreement Laws |
New Hampshire is one of several states that limit the use of non-compete agreements. Specifically, postemployment covenants not to compete are valid and enforceable if the restraints are reasonable, given the circumstances of the case. New Hampshire applies a three-part test to determine reasonableness that involves reviewing whether the restriction:
Furthermore, RSA §275:70 states that employers who require an employee to execute a non-compete agreement as a condition of employment must provide a copy of the agreement to the potential hire prior to the candidate's acceptance of an offer of employment. An agreement that hasn't been disclosed to the candidate as required isn’t enforceable against the employee. Finally, RSA §275:70-a prohibits non-compete agreements for low-wage employees who earn an hourly rate equal to or less than 200% of the federal minimum wage. As such, employers can’t prohibit low-wage employees from working for another employer for a specified period of time, within a specified geographical area, or perform work for a competitor. |
|
New Hampshire Retirement Plan Laws |
New Hampshire currently has no mandatory retirement plan laws or regulations. |
This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.
Between constantly changing employment laws and updates to the Affordable Care Act (ACA), keeping your workplace compliant can be a time-consuming and costly challenge. Eliminate the stress and stay up to date with our Compliance Dashboard. View compliance alerts and get a bird’s eye view of what you need to do to avoid fines and penalties.
