New Hampshire Labor Laws 2026: A Complete Guide for HR & Employer Compliance

Accurate as of May 8, 2026. This guide is informational and not legal advice. For specific situations, consult licensed New Hampshire employment counsel.

New Hampshire spent more than a decade as the New England outlier on employment law. No state minimum wage above the federal floor. No mandatory paid sick leave. No salary history ban. No recreational cannabis statute. Then on June 27, 2025, Governor Kelly Ayotte signed HB2 into law and quietly slipped in something the state had never had before: a parental medical leave entitlement. It took effect January 1, 2026. Suddenly, every New Hampshire employer with 20 or more employees has a brand-new compliance obligation that did not exist a year ago.

This guide covers what New Hampshire HR teams need to know in 2026: the new parental leave rules, the voluntary Paid Family and Medical Leave program, the 45% tipped-wage formula, the seven-part independent contractor test, the non-compete ban for low-wage workers, and how the state's wage-payment statutes work in practice. It is built for HR leaders, business owners, and compliance teams running payroll, hiring, and investigations under New Hampshire law. It walks through statutes by section, names the agencies, and flags every dollar amount and effective date.

It also points to where AllVoices fits. New Hampshire investigations move fast, often through small HR teams with no dedicated employee-relations specialist. A single source of truth for employee complaints closes the gap between an intake form and a defensible record.

The 2026 New Hampshire Employment Law Updates HR Teams Should Know First

New Hampshire's 2025 legislative session reshaped the state's leave landscape. The headline change took effect on January 1, 2026, and a second voluntary program reopened for enrollment that same winter. Most other employment statutes, including the minimum wage, equal pay, the Whistleblowers' Protection Act, and the non-compete law, remained intact. That stability is itself a planning data point.

The biggest changes HR should track right now:

• Unpaid parental medical leave (HB2): Effective January 1, 2026. Employers with 20 or more employees must allow up to 25 hours of unpaid leave for childbirth, postpartum, and infant pediatric appointments in the child's first year. Codified inside RSA 275.
• NH Paid Family and Medical Leave open enrollment: The voluntary individual plan reopened December 1, 2025 and ran through January 29, 2026. The 2026 weekly benefit cap is $2,128.85.
• Federal minimum wage still anchors state pay: RSA 279:21 ties New Hampshire's rate to the federal minimum, so the state floor remains $7.25 per hour and the tipped-employee cash wage remains $3.27 per hour (45% of the applicable minimum).
• Joint Loss Management Committees and written safety programs: Employers with 15 or more employees continue to face up to a $250 per day administrative penalty under RSA 281-A:64 if either is missing.
• Pending state minimum wage proposals: HB1484, introduced in the 2026 session, would establish a separate state floor with phased increases beginning July 1, 2026. As of this writing it is still in committee, so track but do not yet plan around it. [VERIFY: HB1484 status]

The detail on each of these, and every other statute that touches HR in New Hampshire, is below.

New Hampshire Minimum Wage and Wage Payment Rules

New Hampshire is one of a small group of states that does not set its own minimum wage above the federal floor. RSA 279:21 ties the state minimum to the federal Fair Labor Standards Act rate, which has remained $7.25 per hour since July 24, 2009.

If Congress raises the federal minimum, New Hampshire's rate adjusts automatically. There is no scheduled state increase on the books. Cities and towns in New Hampshire do not have local minimum wage authority.

What is the tipped employee minimum wage in New Hampshire?

RSA 279:21 sets a separate cash wage for tipped employees of restaurants, hotels, motels, inns, and cabins who customarily and regularly receive more than $30 per month in direct customer tips.

• Cash wage paid by employer: at least 45% of the applicable minimum wage.
• At the current $7.25 floor: the cash wage is $3.27 per hour.
• Tip credit responsibility: the employee's tips plus the cash wage must equal or exceed $7.25 per hour for every hour worked. If they fall short, the employer must make up the difference.
• Tip pooling: permissible among employees who customarily and regularly receive tips. Managers and supervisors cannot share in tip pools.

How often must New Hampshire employers pay wages?

RSA 275:43 sets the default pay frequency. Wages must be paid weekly or biweekly, within eight days (including Sunday) after the close of the pay period in which the wages were earned.

Employers that want to pay less frequently than biweekly, for example semi-monthly or monthly, must request and receive written approval from the New Hampshire Department of Labor before changing the schedule. Approval is granted case by case based on a clean wage-and-hour history. Switching without permission triggers civil penalties and exposes back-pay claims.

Are direct deposit and pay cards allowed?

Yes, with conditions. Employers can pay by direct deposit if the employee consents in writing. Payroll debit cards are allowed if the employee can access wages in full at least once per pay period without fees and the employer offers an alternative payment method. Employees who prefer a paper check cannot be required to accept a card.

What pay rate notice must employers give at hire?

RSA 275:49 requires every employer to notify each employee in writing, at the time of hire, of:

• The rate of pay.
• The day and place of payment.
• Any change to those terms before the change takes effect.

A signed offer letter that captures the rate, the pay frequency, and the payday is the simplest way to document compliance. Keep the signed copy in the personnel file for the duration of employment plus three years.

New Hampshire Meal Breaks and Working Hours

New Hampshire is one of the few New England states with a statutory meal break for adult workers. Federal law does not require any meal or rest break, so the New Hampshire rule controls.

When must a New Hampshire employer provide a meal break?

RSA 275:30-a requires a 30-minute meal or eating period after five consecutive hours of work, with one narrow exception.

• Length: 30 minutes minimum.
• Trigger: after five consecutive hours of work.
• Exception: the meal break is not required if it is feasible for the employee to eat during the performance of work and the employer permits it. In that case the employee must remain on the clock and be paid.
• Paid or unpaid: if the employee is fully relieved of duty for 30 minutes, the break can be unpaid. If the employee is interrupted or expected to remain available, the break must be paid.

The state has no rest break statute for adults. Coffee or short bathroom breaks are at the employer's discretion. Under federal Fair Labor Standards Act rules, breaks of less than 20 minutes must be paid if the employer offers them.

Does New Hampshire have a daily or weekly overtime law?

No state-specific overtime statute exists. New Hampshire employers follow the federal FLSA rule: overtime at one and a half times the regular rate for hours worked over 40 in a workweek for nonexempt employees. There is no daily overtime trigger. There is no seventh-day premium.

What is the New Hampshire exempt salary threshold?

New Hampshire does not set a state-specific exempt salary threshold. The federal FLSA threshold controls. As of late 2024, a federal court vacated the U.S. Department of Labor's 2024 rule that would have raised the executive, administrative, and professional exemption threshold. The threshold reverted to the prior $35,568 annual ($684 weekly) level. Employers should monitor federal DOL rulemaking for any 2026 changes. [VERIFY: any 2026 federal salary threshold update]

New Hampshire Final Paycheck and Vacation Pay Requirements

RSA 275:44 sets the timing rules for paying out separated employees. Compliance turns on whether the employer terminated the worker, the worker quit with notice, or the worker quit without notice.

When must final wages be paid in New Hampshire?

• Discharged or terminated: all wages due within 72 hours of discharge.
• Employee quits with at least one pay period's notice: within 72 hours.
• Employee quits without notice: by the next regular payday.
• Layoff: by the next regular payday.
• Strike or walkout: by the next regular payday.

Payment can be made in person or mailed at the employee's direction. The employer cannot wait for return of company property. RSA 275:48 limits final-wage deductions, and unauthorized offsets are themselves a wage-payment violation.

Is accrued vacation pay treated as wages in New Hampshire?

Yes. Under RSA 275:43, vacation pay, severance pay, personal days, holiday pay, sick pay, and reimbursable employee expenses count as wages "when due" if they are a matter of employment practice or policy.

In plain English: if the employee handbook says vacation accrues and is paid out at separation, the employer must pay it. If the handbook is silent, vacation is generally treated as wages and paid out. Employers that want a different rule must say so clearly and in writing, typically through a "use it or lose it" policy or an explicit non-payout-at-separation clause that complies with RSA 275:48.

Pending legislation (HB378) would treat unused vacation, holiday, and personal time as wages owed when an employee is separated by business closure, change of ownership, or termination without reasonable assurance of return. Sick days are not included in the proposal. Track the bill's progress before relying on a non-payout policy in those scenarios. [VERIFY: HB378 status]

What deductions can an employer take from a final paycheck?

RSA 275:48 allows deductions only in narrow categories:

• Required by state or federal law (taxes, garnishments).
• Authorized in writing by the employee for a lawful purpose that benefits the employee, like health insurance contributions or 401(k) contributions.
• Voluntary contributions to charity or savings programs the employee elected.

A blanket "we will deduct for unreturned property" clause is not enforceable. A specific written authorization that identifies the property and the dollar amount is required.

What are the penalties for failing to pay final wages on time?

An employer that willfully fails to pay wages without good cause is liable to the employee for liquidated damages equal to 10% of the unpaid wages, in addition to the wages themselves. RSA 275:44, IV authorizes liquidated damages equal to the unpaid wages where the employer's refusal is willful and without good cause, effectively doubling the exposure. RSA 275:53 also allows a court to award attorney's fees to a prevailing employee.

New Hampshire Equal Pay and Wage Discussion Protections

RSA 275:37 makes it unlawful for any New Hampshire employer to discriminate by paying employees of one sex less than employees of the other sex for equal work, defined as work that requires equal skill, effort, and responsibility, performed under similar working conditions.

An employee who believes their wages violate the statute has three years from discovery of the violation to file an action. RSA 275:38-a prohibits retaliation for asserting equal-pay rights, and RSA 275:39 authorizes liquidated damages.

Can New Hampshire employees discuss their wages?

Yes. New Hampshire prohibits employers from disciplining or discriminating against employees who inquire about, discuss, or disclose their own wages or those of another employee. Employers also cannot condition employment on an agreement to keep wages confidential. This sits alongside the federal National Labor Relations Act's Section 7 protection of "concerted activity." Together they make pay-secrecy clauses functionally unenforceable in New Hampshire.

Where do New Hampshire employees file equal pay claims?

Equal pay claims under RSA 275:37 go to the New Hampshire Department of Labor's Wage and Hour Division. The state DOL number is (603) 271-1492. Employees can also file with the federal Equal Employment Opportunity Commission under Title VII of the Civil Rights Act and the federal Equal Pay Act, though the federal filing window is shorter, generally 180 days, or 300 days when a state agency claim is also filed.

New Hampshire Pay Transparency and Salary History

New Hampshire has no state pay transparency or salary range disclosure law. Job postings in New Hampshire are not required to include pay ranges, benefits information, or any compensation detail. There is also no statewide salary history ban applicable to private employers.

That puts New Hampshire on the opposite side of the line from neighboring Massachusetts, Maine, and Vermont, all of which have moved toward more aggressive transparency rules. National employers operating across state lines should still post ranges in New Hampshire when their other-state postings include them, both for consistency and to avoid inadvertently signaling to candidates that New Hampshire roles pay less.

Does New Hampshire ban salary history questions?

No statewide ban exists. Private employers in New Hampshire can ask applicants about salary history, though the practice carries pay-equity exposure. Anchoring offers to historical pay perpetuates earlier discrimination and can become evidence in a federal Equal Pay Act or Title VII claim. Many New Hampshire employers operating in adjacent states have moved off the question entirely.

What internal pay practices reduce exposure?

• Document compensation philosophy. Have a written framework that explains how starting salaries are set.
• Run pay equity audits. An annual look at pay by sex, race, and tenure flags issues before they become claims.
• Center offers on internal benchmarks. Use peer comparisons and external market data, not the candidate's last salary.
• Train recruiters on the wage discussion rules. A casual "what was your last salary?" can become evidence of discrimination if the offer is below internal peers.

New Hampshire Parental Leave (Effective January 1, 2026)

Buried inside HB2, the omnibus state budget bill that Governor Kelly Ayotte signed on June 27, 2025, was a brand-new amendment to RSA 275 creating an unpaid parental medical leave entitlement. It took effect January 1, 2026.

Which employers are covered?

The new leave applies to New Hampshire employers with 20 or more employees. The 20-employee threshold is lower than the federal Family and Medical Leave Act's 50-employee trigger, so many employers that have never been subject to FMLA are now subject to a leave statute for the first time.

What does the new parental leave provide?

Eligible employees can take up to 25 hours of unpaid, job-protected leave to attend:

• The employee's own medical appointments for childbirth or postpartum care.
• The employee's child's pediatric medical appointments within the first year of the child's birth or adoption.

If both parents work for the same employer, they share the 25-hour entitlement. The family gets 25 hours combined, not 25 per parent. Leave is unpaid by default, but employers must allow employees to substitute accrued vacation, paid time off, or other appropriate paid leave for any portion.

What should HR do to comply?

• Update the handbook. Add a parental medical leave policy that names the 20-employee threshold, the 25-hour cap, and the paid-leave substitution rule.
• Train managers. Front-line supervisors are the most common point of failure on intermittent leave. They need to recognize a request and route it to HR.
• Track hours separately. The 25-hour bank should not be commingled with FMLA, sick leave, or PTO accruals.
• Document denials carefully. Like all leave statutes, the failure mode is interference and retaliation. Build the record at the front end.
• Coordinate with FMLA. An employee at a covered employer may be eligible for federal FMLA at the same time. Run them in parallel and capture both designations in writing.

New Hampshire Voluntary Paid Family and Medical Leave (NH PFML)

New Hampshire took a different path on paid leave than every other northeastern state. Instead of a payroll-tax-funded mandatory program, New Hampshire created NH PFML, a voluntary insurance product administered by MetLife under contract with the state. Employers can opt in as a group plan. Individual workers whose employers do not offer it can purchase coverage directly.

What does NH PFML cover?

• Wage replacement: 60% of the worker's average weekly pay, up to the Social Security wage cap.
• Duration: up to six weeks per year.
• 2026 weekly maximum: $2,128.85.
• Qualifying reasons: the worker's own serious health condition, bonding with a new child, caring for a family member with a serious health condition, and qualifying military exigencies.

When can employees enroll?

The 2026 individual open enrollment ran from December 1, 2025 through January 29, 2026. Employers offering the group plan can enroll on a different schedule. Employees of state government are automatically covered.

Why does this matter even if you don't buy the plan?

Two reasons. First, employees enrolled in NH PFML have an additional six weeks of paid leave that runs alongside any unpaid leave the employer provides. Coordination is on the employer. Second, NH PFML coverage is increasingly an expectation for skilled candidates relocating from Massachusetts, Maine, or Connecticut, all of which have mandatory programs. Employers without it should be ready to explain the substitute.

How does NH PFML interact with FMLA?

FMLA is unpaid and federal. NH PFML is paid and voluntary. They can overlap. A worker on bonding leave under FMLA can use NH PFML during the same period to replace lost wages. Employers running both should designate FMLA in writing at the start of the leave, even if NH PFML is providing the wage benefit.

New Hampshire Sick Leave for Crime Victims

New Hampshire does not require employers to provide paid sick leave generally. But for employers that do offer paid sick leave, state law requires that an employee be allowed to use it to attend judicial proceedings related to a qualifying crime if the employee or the employee's family member is the victim.

In practice, the policy lift is small. Sick leave plans should already permit a qualifying use. The compliance step is making sure the handbook does not exclude it and that managers do not push back on the request. Building consistent policy language across leave categories is the most reliable hedge.

Jury Duty, Voting, and Military Leave in New Hampshire

New Hampshire has narrow but enforceable civic-leave protections. Each runs on its own statute.

Is jury duty leave required in New Hampshire?

Yes. Under RSA 500-A:14, an employer may not deprive an employee of employment, threaten the employee, or coerce the employee because of jury service. Violations can be punished as contempt of court. Leave is unpaid unless the employer's policy says otherwise. Employers cannot force the employee to use accrued vacation, sick, or PTO to cover jury duty time.

An employer can require reasonable notice. A practical policy is to ask the employee to share the jury summons within a few days of receipt and to check in daily about expected return dates.

Is voting leave required in New Hampshire?

No state law requires employers to provide time off to vote on election day. New Hampshire is one of the minority of states without a mandate. Employers can offer voting time as a matter of policy, paid or unpaid. Even without a mandate, retaliation for voting in a particular way or for participating in election activities can implicate other statutes including RSA 354-A and the National Labor Relations Act.

What about military leave?

The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) covers most military leave for service members in the U.S. Armed Forces and the National Guard. New Hampshire law extends comparable protections to members of the New Hampshire National Guard or militia called to active duty by the governor. Leave is unpaid under state law but the employer must reinstate the employee with seniority, status, and benefits intact.

New Hampshire Discrimination, Harassment, and the Commission for Human Rights

Discrimination claims in New Hampshire are governed by RSA 354-A, the state Law Against Discrimination, and enforced by the New Hampshire Commission for Human Rights.

Who is protected under RSA 354-A?

RSA 354-A prohibits employment discrimination on the basis of:

• Age (40 and over).
• Sex (including pregnancy and related medical conditions).
• Sexual orientation.
• Gender identity.
• Race, creed, color.
• Marital status.
• Familial status.
• Physical or mental disability.
• National origin.
• Genetic information.

The protections extend beyond Title VII in two notable ways: marital status and gender identity are explicitly listed, and the threshold for coverage is six employees, much lower than the federal 15-employee floor for Title VII.

What is the deadline to file a discrimination charge?

An employee must file a charge of discrimination with the New Hampshire Commission for Human Rights within 180 days of the alleged unlawful act. The Commission can be reached at 603-271-2767. There are no filing fees, no lawyer is required, and citizenship is not a prerequisite.

For dual filings under federal law (Title VII, the ADA, the ADEA, the PWFA, the EPA), the EEOC charge can be filed at the same time and the 180-day window stretches to 300 days.

What does sex discrimination include in New Hampshire?

Harassment on the basis of sex is sex discrimination under RSA 354-A. The Commission applies the same hostile-work-environment and quid pro quo framework the EEOC uses, with broader coverage because of the lower employee threshold. Single severe incidents and pervasive lower-grade conduct can both support a claim.

Employers that handle harassment intake well at the front end resolve more claims internally. A documented investigation workflow covering intake, interviews, evidence preservation, findings, and action is the difference between a finding of "prompt remedial action" and a finding of "negligent response."

Is sexual harassment training required in New Hampshire?

No. New Hampshire does not mandate sexual harassment prevention training, in contrast to neighboring states like Maine and Connecticut. Training is still strongly advisable. The Commission for Human Rights weighs the existence of training, a clear policy, and a documented complaint procedure when assessing employer liability for supervisor harassment under the Faragher/Ellerth defense.

A common-sense baseline:

• Annual training for all employees, with separate manager training that covers reporting obligations.
• A written anti-harassment policy in the employee handbook, including multiple reporting channels.
• A non-retaliation commitment, in writing, that employees acknowledge.
• An intake mechanism that lets employees report anonymously if they choose.

Pregnancy, Childbirth, and Lactation Accommodation in New Hampshire

RSA 354-A:7 requires New Hampshire employers with six or more employees to provide unpaid, job-protected leave for the period of temporary physical disability resulting from pregnancy, childbirth, or related medical conditions. The employee must be treated the same as any other temporarily disabled employee.

When must the employee be reinstated?

When the employee is physically able to return to work, the employer must reinstate her to her original job or a comparable position, unless business necessity makes that impossible or unreasonable. "Business necessity" is read narrowly. Eliminating the position during the leave to avoid reinstatement is exactly the failure mode the statute targets.

How does the federal PWFA layer on top?

The federal Pregnant Workers Fairness Act, enacted in June 2023, requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so causes undue hardship.

PWFA accommodations commonly include closer parking, additional break time, flexible hours, larger uniforms or PPE, leave to recover from childbirth, and excusal from strenuous activities or hazardous exposures. New Hampshire employers should run RSA 354-A:7 and PWFA through a single intake process to avoid accommodation-request handling errors.

What lactation accommodations are required?

The federal PUMP Act (Providing Urgent Maternal Protections for Nursing Mothers Act), enacted in December 2022, expanded lactation break protections to nearly all employees covered by the FLSA. New Hampshire follows the federal rule. Employers must provide:

• Reasonable break time to express milk for a year after the child's birth.
• A private space that is shielded from view, free from intrusion, and not a bathroom.
• Pay for the time if the employee is not completely relieved of duty during the break.

Employers with fewer than 50 employees can claim an undue-hardship exemption, but the burden is on the employer. The PUMP Act expanded enforcement options. Failure to provide a space or break time can support a wage claim under the FLSA.

Cannabis, Medical Marijuana, and Drug Testing in New Hampshire

New Hampshire is the only New England state without a recreational cannabis statute. Recreational use remains illegal under state law, and there is no off-duty use protection for employees. Zero-tolerance workplace drug policies remain enforceable across both pre-employment and post-incident testing.

What about medical cannabis patients?

In Paine v. Ride-Away (2022), the New Hampshire Supreme Court held that an employee enrolled in the state's therapeutic cannabis program could be entitled to a reasonable accommodation for off-duty medical cannabis use under RSA 354-A. The court did not create a blanket protection. It pulled medical cannabis into the existing disability-accommodation framework.

In practice, the rule looks like this:

• Off-duty medical cannabis use by a registered patient may require an interactive accommodation conversation, just like any other disability-related request.
• On-duty impairment, possession, or use is not protected. Employers can discipline for it.
• Safety-sensitive roles can often justify a no-cannabis rule even for off-duty use, but the analysis is fact-specific.
• Federal contractors and DOT-regulated roles follow federal rules. Cannabis is still a Schedule I substance.

There is no New Hampshire workplace drug testing statute that mandates procedures, notice, or a confirmatory test. Employers have broad discretion subject to the limited Paine carve-out and federal collective-bargaining and ADA rules.

How should an employer handle a positive test?

The compliance instinct is to fire and move on. The right instinct is to slow down. If the employee is a registered medical cannabis patient and the role is not safety-sensitive, the employer should run an interactive conversation about the underlying disability before acting. Documentation is the entire defense if the employee later files an RSA 354-A claim.

New Hampshire Whistleblower Protection Act

RSA 275-E, the New Hampshire Whistleblowers' Protection Act, protects employees who report or refuse to participate in violations of law.

What activities are protected?

Under RSA 275-E:2, an employer cannot discharge, threaten, or otherwise discriminate against an employee in compensation, terms, conditions, location, or privileges of employment because the employee:

• Reports or is about to report a violation or suspected violation of any law or rule to a public body.
• Objects to or refuses to participate in any activity the employee believes violates the law.
• Refuses to execute a directive that the employee believes violates the law.
• Participates in an investigation, hearing, or inquiry conducted by any governmental entity or court action concerning allegations that the employer violated the law.

RSA 275-E:9 layers additional protection on public employees, covering disclosures of gross mismanagement, waste of public funds, and abuses of authority that endanger public health and safety.

How does an employee file a whistleblower claim?

The employee must first make a reasonable effort to maintain or restore rights through any available grievance procedure, then file a written complaint with the New Hampshire Department of Labor. The employee may then request a hearing, which can result in reinstatement, payment of fringe benefits, restoration of seniority, and injunctive relief.

For employers, the practical implication is that internal grievance procedures matter. They are a precondition to a state filing. A clear escalation path with documented intake and response timelines does double duty: it resolves complaints internally and creates a defense if a complaint reaches the DOL. Treating retaliation prevention as a managed process, not a one-line policy statement, is the difference.

What about federal whistleblower laws?

Federal protections layer on top of RSA 275-E. Sarbanes-Oxley (SOX) covers reports of securities fraud. Dodd-Frank covers reports to the SEC and CFTC. The False Claims Act covers reports of fraud against the government. OSHA section 11(c) covers retaliation for safety complaints. Each runs on its own filing window and remedy structure. New Hampshire employees can pursue both state and federal claims for the same conduct.

New Hampshire Non-Compete Agreements (RSA 275:70)

New Hampshire still permits non-compete agreements, but RSA 275:70 imposes two procedural rules and one categorical ban that frequently invalidate them in practice.

What disclosure is required?

Prior to or concurrent with making an offer of employment or an offer of a change in job classification, every employer must provide a copy of any non-compete or non-piracy agreement that will be part of the employment relationship.

The penalty is straightforward: a non-compete that was not disclosed as required is unenforceable against the employee. All other provisions of the employment agreement (confidentiality, NDA, trade secret, IP assignment) remain in effect.

What is the low-wage employee non-compete ban?

Effective January 1, 2023, New Hampshire amended RSA 275:70 to prohibit non-compete agreements with "low-wage employees." A low-wage employee is defined as an employee who earns less than, or is paid on an hourly basis at a rate equal to or less than, 200% of the federal minimum wage.

At the current $7.25 federal minimum, the threshold is $14.50 per hour. Any non-compete with an employee at or below that hourly rate is void as a matter of law in New Hampshire.

What about the FTC non-compete rule?

The Federal Trade Commission's 2024 Non-Compete Rule was struck down by a federal district court in August 2024 and is not in effect. New Hampshire employers fall back on RSA 275:70 plus general common-law reasonableness review. The agreement must protect a legitimate business interest, be limited in scope, duration, and geography, and not impose undue hardship on the employee. [VERIFY: any 2026 federal action]

What enforcement strategies actually work?

• Tier the protection. Use a confidentiality agreement and trade-secret assignment with most employees. Reserve narrow, specific non-competes for senior employees with genuine access to competitive information.
• Narrow the geography. Statewide bans rarely survive judicial review. Limit the geography to where the employer actually competes.
• Cap the duration. Six to twelve months is the comfortable range. Two-year bans face skeptical review.
• Document consideration. A non-compete signed mid-employment without new consideration can be challenged.

New Hampshire Background Checks and Ban-the-Box

New Hampshire has a limited "ban-the-box" rule. HB 253, signed July 28, 2020, prohibits public employers from asking about prior convictions or running a criminal background check before a job interview. Background checks are permitted only after a conditional offer of employment, with narrow exceptions for positions where federal or state law requires earlier screening.

Does the ban apply to private employers?

No. New Hampshire and Maine are the only New England states without a private-employer ban-the-box law. Private employers in New Hampshire can ask about criminal history at any point in the application process.

That said, federal Fair Credit Reporting Act rules still apply when an employer uses a third-party background check vendor. Employers must:

• Disclose the planned background check in a stand-alone written notice and obtain written consent.
• Provide a pre-adverse action notice with a copy of the report and a summary of FCRA rights before deciding not to hire.
• Allow time for the applicant to dispute inaccuracies, generally five business days.
• Send a final adverse action notice if the decision stands.

What about annulled records?

RSA 651:5 governs annulment of New Hampshire criminal records. Once a record is annulled, it is generally treated as if the arrest or conviction never occurred for employment purposes. Employers should not consider an annulled record in a hiring decision and should not ask applicants to disclose annulled offenses.

Independent Contractor Classification in New Hampshire

For state Department of Labor and workers' compensation purposes, RSA 281-A:2 VI(b) sets the test for independent contractor status. The test is conjunctive. The worker must satisfy all of the listed criteria. Failing even one means the worker is an employee for state-law purposes, regardless of what the contract says.

The presumption is employment. The burden of proof is on the hiring entity to establish independent contractor status.

What are the consequences of misclassification?

If the New Hampshire Department of Labor determines an employer misrepresented the relationship, the Commissioner can assess fines of up to $2,500 plus $100 per violation. The state can also impose unpaid workers' compensation premium liability, unpaid wages and overtime, and unpaid contributions to unemployment insurance.

Federal exposure compounds the state risk. The IRS uses its own three-category common law test, the U.S. Department of Labor uses an economic-realities test, and the National Labor Relations Board uses yet another framework. A worker can be properly classified for one purpose and improperly classified for another. The safe assumption is that any contractor relationship that looks like employment from any angle is going to be questioned.

How should HR think about a contractor audit?

• Look at control. Who decides when, where, and how the work is done?
• Look at integration. Is the contractor doing work that is core to the business or distinct from it?
• Look at the economic relationship. Does the contractor work primarily for one client?
• Look at the documentation. Is there a written agreement, separate insurance, an actual business entity, and evidence of multiple clients?
• Look at the duration. Long, exclusive engagements lean employee.

New Hampshire Workers' Compensation and Workplace Safety

New Hampshire requires workers' compensation insurance for nearly every employer, regardless of size or sector.

Who must carry workers' compensation in New Hampshire?

RSA 281-A:5 requires every employer with any employee, full-time, part-time, paid, or unpaid, to carry workers' compensation insurance written by a licensed carrier. Non-profits and family businesses are not exempt. Relatives count as employees. Sole proprietors, partners, and self-employed individuals are not required to carry coverage on themselves but may elect to under RSA 281-A:3.

What are the penalties for not carrying coverage?

• Civil fine: $2,500.
• Daily penalty: $100 per day per uninsured employee.
• Personal liability: uninsured employers lose the exclusive-remedy protection and can be sued directly by an injured worker.

How quickly must an injury be reported?

Employers must file Form 8WCA, the Employer's First Report of Injury, with their workers' compensation carrier and the Department of Labor within five calendar days of notice of an injury. Late reports trigger a $100 fine and can jeopardize the injured worker's benefits, which becomes its own bad-faith exposure.

What is the Joint Loss Management Committee requirement?

RSA 281-A:64 requires every New Hampshire employer with 15 or more employees to establish a Joint Loss Management Committee and a Written Safety Program.

• JLMC composition: roughly equal numbers of employer and employee representatives.
• JLMC mission: identify workplace hazards, recommend corrections, and oversee the written safety program.
• Written safety program: hazard identification, accident investigation procedures, employee training, and ongoing review.
• Penalty for non-compliance: up to $250 per day administrative penalty.

This is one of the most under-implemented requirements in New Hampshire. Many companies in the 15-to-25-employee range do not realize the rule applies to them. The DOL inspection division audits actively.

Does federal OSHA apply?

Yes. New Hampshire is a federal-OSHA state. There is no state-plan OSHA agency. Federal OSHA enforces general industry, construction, and recordkeeping standards in the private sector. Public-sector employees in New Hampshire are not covered by federal OSHA but are covered by RSA 277 administered by the state DOL.

Federal OSHA recordkeeping requires covered employers to maintain a Form 300 Log of Work-Related Injuries and Illnesses, a Form 301 Injury and Illness Incident Report for each recordable case, and a Form 300A Summary posted in the workplace from February 1 through April 30 each year. Employers with 250 or more employees, and certain high-hazard industries with 20 or more, must submit Form 300A electronically through the Injury Tracking Application by March 2 each year.

Personnel File Access in New Hampshire

RSA 275:56 gives employees and former employees the right to inspect their own personnel files and to obtain copies subject to a reasonable fee tied to the cost of copying.

What does the employer have to provide?

A reasonable opportunity to inspect, on request. Most employers provide the file within a week or two. The statute does not impose a specific deadline but DOL guidance treats unreasonable delay as non-compliance.

Can an employee dispute information in the file?

Yes. If the employee disputes information, the employer must include the employee's written statement in the file and must include that statement in any transmittal of the file to a third party or any disclosure of the contested information.

Are there exceptions?

Two narrow ones. The employer does not have to disclose material related to an active law enforcement investigation if disclosure would prejudice that investigation, or material related to a government security investigation. Most ordinary HR records, including performance reviews, write-ups, attendance, and benefits enrollment, are subject to inspection.

Youth Employment in New Hampshire

New Hampshire's youth employment rules are stricter than federal law in several places. Employers hiring summer or after-school workers under 18 should run a separate compliance check before scheduling shifts.

What are the work hour limits for minors under 16?

• Earliest start: 7:00 a.m.
• Latest end: 9:00 p.m.
• School day maximum: 3 hours.
• School week maximum: 23 hours.
• Non-school week maximum: generally 8 hours per day, 48 per week, no more than 6 consecutive days.

What about 16- and 17-year-olds?

• Manufacturing: no more than 10 hours per day or 48 hours per week.
• Non-manufacturing: no more than 10.25 hours per day or 54 hours per week.
• School in session for the full week: no more than 35 hours per week.
• Night work limit: a youth working more than two nights past 8:00 p.m. or before 6:00 a.m. cannot work more than 8 hours in any shift that workweek.

What about employment certificates?

Most youths under 16 must obtain a New Hampshire Youth Employment Certificate within three business days of their first day of work. The employer keeps the certificate on file. The certificate captures parental consent, the school's sign-off, and a description of the work to be performed.

What types of work are prohibited for minors?

New Hampshire follows federal Hazardous Occupations Orders (HO 1 through HO 17) that prohibit minors under 18 from operating power-driven machinery in many configurations, working with explosives, performing roofing work, and working in mining or logging. Minors under 16 face additional restrictions on operating any motor vehicle and on cooking with deep fryers without protective equipment.

Recordkeeping and Posting Requirements

RSA 275:49 requires employers to maintain wage and hour records and to make them available to the Commissioner of Labor on request. Records must be preserved for at least three years.

What records must be kept?

• Names and addresses of employees.
• Hours worked each day and each week.
• Rate of pay and total wages paid each pay period.
• Deductions and the basis for each deduction.
• Time of beginning and ending of work and meal periods.

What posters are required?

New Hampshire-specific mandatory posters:

• Minimum Wage Poster from the NH Department of Labor.
• Whistleblowers' Protection Act Notice under RSA 275-E.
• Workers' Compensation Notice of Compliance from the employer's carrier.
• Unemployment Insurance Notice from NH Employment Security.
• NH Law Against Discrimination Poster from the Commission for Human Rights.

Federal posters required in addition: FLSA, FMLA (50+ employees), EEOC "Know Your Rights," PWFA, OSHA, USERRA, employee polygraph protection, and the Migrant and Seasonal Agricultural Worker Protection Act where applicable.

How long must payroll and other employment records be kept?

• Payroll, wage, and hour records under RSA 275:49: 3 years.
• FLSA payroll records: 3 years (basic) and 2 years for supporting documents.
• I-9 forms: 3 years after hire or 1 year after termination, whichever is later.
• Tax records under IRC and FUTA: 4 years after the date the tax becomes due or is paid.
• OSHA Forms 300, 300A, 301: 5 years following the year covered.
• Personnel files: at least the duration of employment plus three years for unfair-discharge defense purposes.

Mass Layoffs and Plant Closings: New Hampshire's WARN Act

New Hampshire has its own state WARN Act with notification thresholds that overlap and in some respects extend the federal Worker Adjustment and Retraining Notification Act.

Which employers are covered?

The state law covers employers with 100 or more full-time employees. The federal WARN Act uses the same 100-employee threshold but counts part-time hours differently. Both statutes can apply to the same event, and notice given under one generally satisfies the other if it covers all required content.

What triggers the notice obligation?

• Mass layoff: reduction in force at a single New Hampshire site that causes employment loss for at least 250 full-time employees in any 30-day period, OR at least 25 full-time employees if they make up 33% or more of the employer's full-time workforce at that site.
• Plant closing: permanent or temporary shutdown of a single New Hampshire site that causes the loss of 50 or more full-time employees.
• Notice period: 60 days in advance.

Who gets notice?

• Affected employees.
• The employees' union, if any.
• The chief elected official of the municipality where the layoff or closure occurs.
• The New Hampshire Attorney General.
• The New Hampshire Commissioner of Labor.

What are the penalties?

Failure to provide required notice carries a civil penalty of up to $2,500, plus up to $100 per affected employee for each day of the violation. Federal WARN penalties run separately and include 60 days of back pay and benefits per affected worker.

What content has to be in the notice?

• The name and address of the affected employment site.
• A statement whether the planned action is permanent or temporary.
• A statement whether the entire site will be closed.
• The expected date of the first separation and the schedule of separations after that.
• The job titles of positions to be affected and the number of affected employees in each title.
• The name of a company official who can provide additional information.

Employment At-Will and Wrongful Discharge in New Hampshire

New Hampshire follows the employment at-will doctrine. Either party can end the employment relationship at any time, with or without cause and with or without notice, unless a contract or statute says otherwise.

What are the limits on at-will termination?

The major limits come from statutes and common law:

• Discrimination statutes like RSA 354-A, Title VII, the ADA, and the ADEA prohibit termination based on protected characteristics.
• RSA 275-E prohibits retaliation for whistleblowing.
• Wage payment laws prohibit retaliation for complaining about unpaid wages.
• Workers' compensation prohibits retaliation for filing a claim under RSA 281-A.
• Wrongful discharge in New Hampshire is a recognized common-law tort. The employee must show the termination was motivated by bad faith, malice, or retaliation, and was based on the employee performing an act that public policy would encourage or refusing to do something public policy would condemn.

What policies signal at-will status to employees?

Most employee handbooks include an at-will disclaimer signed at hire. The disclaimer should be clear, prominently placed, and acknowledged in writing. It should also state that no manager or representative can change the at-will relationship except through a written agreement signed by an officer. Vague or contradictory handbook language has supported breach-of-contract claims in New Hampshire courts.

Where to File Complaints in New Hampshire

• Wage and hour, final pay, equal pay, recordkeeping, parental leave, whistleblower: New Hampshire Department of Labor, Wage and Hour Division, (603) 271-1492.
• Discrimination, harassment, retaliation, RSA 354-A claims: New Hampshire Commission for Human Rights, (603) 271-2767.
• Workers' compensation injuries: NH DOL Workers' Compensation Division. [VERIFY contact number]
• Unemployment insurance, mass layoff coordination: New Hampshire Employment Security, masslayoffcoordinator@nhes.nh.gov.
• Federal employment discrimination (Title VII, ADA, ADEA, GINA, PWFA, EPA): Equal Employment Opportunity Commission, Boston Area Office.
• OSHA complaints (private sector): Federal OSHA Concord Area Office.
• Wage claims under FLSA: U.S. Department of Labor, Wage and Hour Division, Manchester District Office.
• Union and labor practice issues: National Labor Relations Board, Boston Region.

How AllVoices Helps New Hampshire HR Teams Stay Compliant

AllVoices is an employee relations platform that handles the workflow most New Hampshire employers stitch together with email, shared drives, and spreadsheets. Three areas where it most directly addresses New Hampshire compliance risk:

Whistleblower intake under RSA 275-E. The statute requires employees to attempt internal grievance resolution before filing with the DOL. A documented intake channel, branded for the employer, available 24/7, with an audit trail, is the cleanest way to satisfy that requirement and to surface issues before they escalate. The anonymous reporting and case management workflow inside AllVoices timestamps every step, from initial report to final disposition.

RSA 354-A investigation defensibility. The Commission for Human Rights, like the EEOC, looks for "prompt remedial action." That is not a vibe. It is a documented record of intake, interviews, evidence preservation, findings, and corrective action. Vera AI inside AllVoices drafts intake summaries, suggests interview questions, and flags retaliation indicators. The output is a single complete investigation report per case.

Multi-jurisdiction coordination. A New Hampshire employer with workers in Massachusetts, Maine, or Vermont is running four leave frameworks at once: NH parental medical leave, NH PFML, the federal FMLA, and whatever the neighboring state requires. AllVoices integrates with Workday, Rippling, Paylocity, BambooHR, and ADP so the case record stays connected to the employee record across systems.

For a walk-through of how this looks day to day, see a demo of the platform.

Frequently Asked Questions

What is the New Hampshire minimum wage in 2026?

$7.25 per hour. New Hampshire ties its minimum wage to the federal floor under RSA 279:21. The tipped employee cash wage is $3.27 per hour, with the employer required to make up the difference if tips do not bring the worker to $7.25 per hour.

Does New Hampshire require paid sick leave?

No. New Hampshire has no general paid sick leave mandate. Employers that voluntarily offer paid sick leave must allow employees to use it for crime-victim judicial proceedings as required by state law.

When is the new parental leave law effective?

January 1, 2026. Employers with 20 or more employees must allow up to 25 hours of unpaid leave for childbirth, postpartum, and infant pediatric appointments in the child's first year. The law was enacted as part of HB2, signed by Governor Kelly Ayotte on June 27, 2025.

How quickly must final wages be paid in New Hampshire?

Within 72 hours if the employer terminated the employee, or if the employee gave at least one pay period's notice. By the next regular payday if the employee quit without notice or was laid off.

Are non-compete agreements enforceable in New Hampshire?

Sometimes. RSA 275:70 voids non-compete agreements that were not disclosed to the employee at or before the offer of employment. It also bans non-competes for "low-wage employees" earning at or below 200% of the federal minimum wage, currently $14.50 per hour. Above that threshold, non-competes must still meet common-law reasonableness standards.

What is the deadline to file a discrimination charge in New Hampshire?

180 days from the date of the alleged unlawful act with the New Hampshire Commission for Human Rights, or up to 300 days for a dual filing with the EEOC under federal law.

Does New Hampshire ban salary history questions?

No. There is no statewide salary history ban for private employers in New Hampshire. Employers operating in nearby states with bans (Massachusetts, Maine, Vermont, Connecticut) should still consider a uniform no-ask policy.

Is medical cannabis use protected at New Hampshire workplaces?

Partly. The New Hampshire Supreme Court held in Paine v. Ride-Away (2022) that registered medical cannabis patients may be entitled to a reasonable accommodation under RSA 354-A for off-duty use. On-duty use, possession, or impairment remains unprotected, and safety-sensitive roles can often justify a no-cannabis rule even for off-duty use.

The Bottom Line for New Hampshire HR Teams in 2026

New Hampshire is no longer the New England state where nothing changes. The 2026 priorities for New Hampshire HR teams:

• Immediately: update the employee handbook to add the new 25-hour parental medical leave benefit for employers with 20 or more employees.
• By Q2 2026: train front-line managers to recognize parental leave requests, NH PFML claims, and pregnancy accommodation requests, and route them to HR.
• By mid-2026: audit any non-compete agreements signed with hourly workers. Anything at or below $14.50/hour is void. Re-paper any survivors with a clear disclosure timeline that satisfies RSA 275:70.
• Throughout 2026: for employers with 15 or more employees, confirm the Joint Loss Management Committee meets, the written safety program is current, and minutes are filed. The DOL's administrative penalty is $250 per day.
• Throughout 2026: document all wage-payment timing, especially final paychecks, vacation payout, and pay-rate notices at hire under RSA 275:49.
• Throughout 2026: compare HR practices against the neighboring Maine labor laws and Massachusetts labor laws guides if the company has cross-border employees.
• Ongoing: if HB1484 advances, New Hampshire could adopt a state minimum wage above the federal floor for the first time since 2009. Monitor and budget for it.

For HR leaders running employee relations in New Hampshire and across state lines, a single platform for case intake, investigation, and reporting is the difference between scrambling under audit and walking the auditor through the timeline.