New Hampshire · HR Compliance Guide

New Hampshire HR Compliance
for Small Businesses

Everything you need to know about employment law in New Hampshire: minimum wage, leave requirements, pay transparency, final pay rules, and more. Updated for 2026.

At-will employment72-hour final pay (fired)Meal break required after 5 hrsFederal min wage $7.25No paid sick leave
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Wages & Hours

Minimum Wage & Overtime in New Hampshire

Minimum Wage
$7.25 (federal)
Overtime Rule
Federal 40/wk only
Final Pay — Fired
Within 72 hours
⏱
Overtime
Federal 40/wk only
💵
Minimum Wage — New Hampshire
$7.25 (federal)
🍽️
Meal Breaks — Required
RSA 275:30-a: all employees are entitled to a 30-minute unpaid meal break after 5 consecutive hours worked. Required for all employees — no adult exception unlike many states.
Required after 5 consecutive hours
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Anti-Discrimination — Lower Threshold
NH Law Against Discrimination (RSA 354-A): covers employers with 6+ employees — lower than the federal 15-employee threshold for Title VII. Protects race, color, religion, ancestry, national origin, sex, sexual orientation, gender identity, marital status, disability, and age.
Covers 6+ employees (vs. federal 15)
Leave & Benefits

Paid Leave Requirements in New Hampshire

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Paid Sick Leave
No statewide law
Not required
👶
Paid Family & Medical Leave
No state-mandated paid family leave in New Hampshire. Federal FMLA applies to employers with 50+ employees.
Not required
Hiring & Pay Transparency

What You Must Disclose in New Hampshire

📊
Pay Transparency
New Hampshire has no statewide pay transparency law. You are not required to include salary ranges in job postings.
Not required
🚫
Salary History
New Hampshire does not ban salary history questions. Pay equity best practice is to avoid them regardless.
Allowed
📜
Noncompete Agreements
RSA 275:70 (eff. Sept 8, 2021): noncompetes are void for employees earning at or below 200% of the federal poverty level. Above that threshold: common law reasonableness applies. Courts apply blue-penciling. 1–2 year duration with reasonable geographic scope generally enforceable.
Void for low-wage workers
Separation

Final Pay & Termination Rules in New Hampshire

💸
Final Pay in New Hampshire
Involuntary termination (fired): within 72 hours. Voluntary resignation: next regular payday. NH RSA 275:44-a: civil penalty up to $2,500 per violation for late payment, with interest accruing on unpaid amounts.
72 hours for terminations
Common Situations

Common HR Situations in New Hampshire

Click any situation to run a New Hampshire-specific compliance playbook — free for your first one.

Bring someone on
Offer letter, wage notices, new hire reporting.
End employment
Separation playbook, final pay timing, state notices.
Reduce your workforce
WARN Act check, selection defensibility, final pay.
Issue a written warning
Performance documentation — specific dates and incidents.
Respond to a complaint
Harassment, discrimination, retaliation — 72-hour plan.
Manage a leave request
Federal + state leave, eligibility for hourly and part-time.
Handle an accommodation request
Interactive dialogue, undue hardship, return-to-work.
Fix a wage or hour problem
Overtime, missed breaks, final pay — before a claim is filed.
Build a workplace policy
PTO, attendance, scheduling — multi-state aware.
Worker classification
Contractor vs. employee — IRS 20-factor test.
Respond to EEOC charge
30-day response, position statement, document preservation.
Handle a DOL audit
Triage, document response, 72-hour action plan.
Frequently Asked Questions

New Hampshire Employment Law — Common Questions

What is the minimum wage in New Hampshire in 2026?
New Hampshire follows the federal minimum wage of $7.25 per hour under the Fair Labor Standards Act (FLSA). There is no state minimum wage above the federal floor. Employers covered by the FLSA must pay at least $7.25/hour to all non-exempt employees.
When must an employer pay final wages after termination in New Hampshire?
In New Hampshire, final pay timing depends on the type of separation. Next regular payday. Failure to pay wages on time can result in civil penalties and a private wage claim — review your payroll calendar before any termination.
Does New Hampshire require paid sick leave?
New Hampshire does not have a statewide paid sick leave law. Federal FMLA provides unpaid, job-protected leave for employers with 50 or more employees. Employers can still offer paid sick leave voluntarily, which aids retention.
Does New Hampshire have paid family and medical leave?
New Hampshire does not have a state-mandated paid family leave program. Federal FMLA provides up to 12 weeks of unpaid, job-protected leave for employers with 50 or more employees.
Does New Hampshire require pay transparency in job postings?
New Hampshire does not currently have a statewide pay transparency law requiring salary ranges in job postings. Pay equity best practice is to establish pay bands internally and apply them consistently regardless of legal requirement.
Are noncompete agreements enforceable in New Hampshire?
Enforceable with reasonable limits. Court blue-pencils overbroad covenants.. New Hampshire courts typically require noncompete agreements to protect a legitimate business interest and to be reasonable in scope, geographic area, and duration. Overly broad agreements may be void or reformed by a court.

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