Introduction to employment laws in New Hampshire
Overview
New Hampshire has a robust set of laws and regulations governing various aspects of the employer-employee relationship, from hiring and compensation to workplace safety and termination.
Staying up-to-date with these requirements is essential for businesses operating in New Hampshire to maintain compliance and avoid potential legal challenges. This article will provide an overview of the key employment laws and regulations that hiring managers need to be aware of when managing a workforce in the Granite State.
Employing in New Hampshire: Key employment laws and practices
Standard work hours
In New Hampshire, full-time employment is generally considered to be between 35 and 40 hours per week, but no law explicitly establishes this as the standard. Employers have flexibility in determining full-time status based on operational needs and industry norms.
Work hours for contractual or self-employed professionals are typically dictated by the terms of their individual contracts.
Minimum wage and overtime
In New Hampshire, the minimum wage for private sector employees aligns with the federal minimum, currently set at $7.25 per hour. Employers need to ensure they adhere to this standard to maintain compliance and fairness in compensation.
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees working over 40 hours a week are entitled to overtime pay at 1.5 times their regular pay rate.
Insurance and benefits
While New Hampshire doesn’t have state-specific mandates on health, dental, and vision insurance, employers commonly provide such benefits as part of their compensation packages.
The provisions under federal laws, such as the Affordable Care Act (ACA), apply when providing benefits. Meanwhile, unemployment Insurance contributions range from 0.05% to 8.5% on salaries up to $14,000 annually.
Benefit | Requirement |
Health insurance | Employers must follow regulations found in the Affordable Care Act (ACA) |
Dental and vision insurance | Optional |
401k and other retirement benefits | Optional |
Unemployment insurance (State) | Yes |
Workers’ compensation insurance | Yes |
Meal and rest periods
In New Hampshire, labor laws mandate that an employer must provide employees with a meal period if they work for five consecutive hours or more. This meal break should be at least 30 minutes long. The break is not required should it be feasible for the employee to eat while working and is permitted to do so by the employer.
It’s essential to note that this law doesn’t specify whether these meal periods should be paid or unpaid. Therefore, it’s often left to the employers’ discretion. However, as a best practice and in alignment with federal guidelines under the Fair Labor Standards Act (FLSA), if employers decide that these breaks are paid, they should ensure that employees are relieved of their duties during this period.
There are no special or different requirements for meals or breaks for employees under the age of 18.
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Anti-discrimination laws
New Hampshire employment laws are designed to protect workers from workplace discrimination. Under the New Hampshire Law Against Discrimination (NHLAD), employers are prohibited from discriminating based on race, color, religion, sex, age, national origin, sexual orientation, genetic information, or physical or mental disability. These protections extend beyond federal guidelines by also including marital status and gender identity as protected classes.
The NHLAD applies to all employers with six or more employees in New Hampshire. This law is enforced by the New Hampshire Commission for Human Rights (NHCHR), which is responsible for investigating complaints of discrimination and ensuring fair treatment in the workplace.
To ensure adherence to anti-discrimination laws, employers should implement comprehensive anti-discrimination policies and conduct regular training sessions. Internal grievance procedures should also be in place for employees who feel they have been victims of discrimination.
Leave policies
In New Hampshire, leave policies are largely dictated by federal laws such as the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of unpaid, job-protected leave for eligible employees for certain family and medical reasons. However, employers have the discretion to offer additional paid or unpaid leave.
There is no state statute governing vacation leave in New Hampshire. It is common practice for employers to decide the amount and payment of vacation time. Terms regarding paid vacation leave should be clearly defined in employment contracts or company policies.
New Hampshire does not mandate paid sick leave. Under the FMLA, eligible employees can take leave for their own serious health condition or to care for a family member with a serious health condition.
Maternity, Paternity, and Parental Leave fall under the provisions of FMLA and New Hampshire’s Pregnancy Disability Leave law. The latter requires employers with six or more employees to provide a leave of absence for the period of disability due to pregnancy or childbirth.
Leave type | Details |
Vacation leave | Determined by the employer, not mandated by state law |
Sick leave | Determined by the employer, not mandated by state law |
Maternity/Paternity/Parental leave | Covered under FMLA and New Hampshire’s Pregnancy Disability Leave law |
Termination laws
In New Hampshire, most employment relationships are considered “at-will,” meaning either party can terminate the employment relationship without notice or reason. There are exceptions to this principle. For instance, illegal reasons for termination include discrimination, retaliation for whistleblowing, or violation of public policy.
In cases of mass dismissal, employers must comply with the Worker Adjustment and Retraining Notification Act (WARN Act) which requires 60 days’ notice to impacted employees.
Severance pay is not mandated by New Hampshire law. However, employers may choose to offer it, often linking it to the employee’s length of service.
Easily onboard employees in New Hampshire?
Safety and health
New Hampshire is committed to ensuring the safety and health of its workers. The New Hampshire Department of Labor enforces safety regulations in accordance with federal guidelines set forth by the Occupational Safety and Health Administration (OSHA). These regulations include maintaining a safe work environment, providing necessary safety equipment, and training employees on safety protocols. Employers are also required to report injuries within specific timelines.
Employers should actively promote workplace safety through regular training, timely incident reporting, and compliance with state and federal guidelines. This not only protects employees but also helps avoid potential fines and penalties.
Taxes in New Hampshire
New Hampshire does not impose an income tax on earned wages, though one is levied on interest and dividend income. Set to sunset in 2027, this tax normally has no impact on compliance related to HR or payroll. As with all states, employers in New Hampshire are responsible for withholding federal income tax from their employee’s wages based on IRS guidelines.
Employer payroll contributions include Unemployment Insurance, FICA Social Security, and FICA Medicare. Meanwhile, employee payroll contributions include FICA Social Security, FICA Medicare, and an additional tax of 0.9% on earnings over $200,000.
Tax type | Who pays? | Tax rate |
Unemployment insurance | Employer | 0.05% – 8.5% on salary up to $14,000 annually |
FICA Social Security | Employer and employee | 6.2% on salary up to $168,000 annually |
FICA Medicare | Employer and employee | 1.45% |
Federal income tax | Employee | Varies |
Managing New Hampshire employees with an Employer of Record (EOR)
Navigating New Hampshire employment laws can be complex, especially when it comes to staying compliant with state-specific regulations, but Multiplier can help.
With our comprehensive Employer of Record (EOR) solution, businesses can employ full-time workers in New Hampshire without setting up a U.S. business entity. Our Global Payroll Platform ensures that your local and international employees and contractors are paid on time while handling local taxes, contributions, and withholdings.
Further, we provide global benefits administration that includes locally compliant and competitive benefits such as insurance coverage and pension plans for international employees.
Our all-in-one platform enables you to onboard, pay, and manage international employees from a single interface. To experience how Multiplier can simplify your global team management processes, book a demo today.
FAQs
Full-time employment in New Hampshire is typically viewed as between 35 to 40 hours per week. However, this definition is not stated by law but is generally accepted by employers throughout the state.
New Hampshire adheres to the federal Fair Labor Standards Act (FLSA). Non-exempt employees who work over 40 hours a week are entitled to overtime pay at 1.5 times their regular pay rate.
Exempt employees include those with salaries higher than $684 per week performing executive or managerial duties or working in certified professions such as law or engineering.
The minimum wage for private-sector employees in New Hampshire is $7.25 per hour, which is the same as the federal minimum wage.
New Hampshire does not have state statutes for vacation time, sick leave, maternity, paternity, or parental leave. However, it is typical for employers to offer these leaves as per federal laws such as the Family and Medical Leave Act (FMLA). The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
In New Hampshire, most employees are considered “at-will,” which means the employer or the employee can terminate the employment relationship without notice unless specified by an employment contract or collective agreement. In cases of mass dismissals, the Federal Worker Adjustment and Retraining Notification Act (WARN Act) should be followed, requiring employers to give sixty days’ notice to affected employees.
