States›New Hampshire
New Hampshire Employer HR Compliance Guide
New Hampshire is a relatively employer-friendly state that mirrors many federal standards, keeping overall compliance burden moderate compared to neighboring states. The state ties its minimum wage to the federal rate, has no paid family leave program, and lacks pay transparency requirements. Two notable new leave mandates take effect January 1, 2026, requiring employers to update policies ahead of that date.
Key Facts — New Hampshire
- Minimum Wage
- New Hampshire's minimum wage mirrors the federal rate of $7.25/hour with no scheduled state increases. Tipped employees in qualifying hospitality establishments may be paid 45% of the minimum wage, or $3.27/hour, provided tips bring them to at least the full minimum wage. There are no significant local minimum wage variations.
- Pay Transparency
- No state pay transparency law. New Hampshire does not require salary range disclosure in job postings or to employees; state equal pay law focuses on anti-discrimination rather than wage disclosure. Employers with multi-state operations should monitor Massachusetts and Vermont requirements, and watch for potential federal Salary Transparency Act developments.
- Paid Family & Medical Leave
- No state PFML program. New Hampshire does not operate a paid family and medical leave insurance program. Employers must rely on federal FMLA and any voluntary benefits they choose to offer.
Priority Compliance Actions
- 1Update leave policies before January 1, 2026 to incorporate the new 25-hour medical appointment leave (20+ employees) and military spouse leave (50+ employees) requirements.
- 2Audit job applications to confirm criminal history questions are removed from initial application forms in compliance with New Hampshire's ban-the-box law.
- 3Verify tipped employee pay records ensure workers receive at least $7.25/hour when tips are combined with the $3.27 tipped base rate.
- 4Provide new hire copies of any non-compete or non-solicitation agreements at or before the start of employment as required by RSA 275:70.
- 5Monitor federal Salary Transparency Act legislative progress and neighboring state pay transparency laws (Massachusetts, Vermont) if operating across state lines.
Leave Laws
Federal FMLA applies to employers with 50+ employees, providing up to 12 weeks of unpaid, job-protected leave. Effective January 1, 2026, employers with 20+ employees must provide up to 25 hours of unpaid leave per year for childbirth-related medical appointments, post-partum care, and pediatric visits within the child's first year of birth or adoption. Also effective January 1, 2026, employers with 50+ employees must grant unpaid, job-protected military spouse leave when the employee's spouse is involuntarily mobilized. New Hampshire has no general state paid sick leave law.
Wage & Hour
New Hampshire follows the federal FLSA overtime standard of 1.5x the regular rate for hours worked over 40 in a workweek. Final paychecks must be issued within 72 hours of separation if the employee quits without notice; if terminated or if notice is given, wages are due within 72 hours or on the next regular payday, whichever is earlier. Pay must be issued at least semi-monthly. There is no state-specific expense reimbursement statute, though FLSA minimum wage rules apply.
Worker Classification
New Hampshire is an at-will employment state, allowing termination by either party for any lawful reason. Worker classification generally follows federal FLSA economic-reality and IRS common-law tests; New Hampshire does not use the ABC test broadly across all contexts. Non-compete agreements are enforceable but disfavored and must be reasonable in scope, duration, and geography; New Hampshire law (RSA 275:70) requires employers to provide a copy of any non-compete to the employee before or upon hire.
Hiring & Onboarding
New Hampshire's ban-the-box law (RSA 275-E) prohibits employers from asking about criminal history on initial job applications; inquiry is permitted later in the hiring process. There is no statewide salary history ban. Employers must comply with the federal FCRA for background checks and the state's Obsolete Information Law, which restricts use of certain older criminal records. New hire reporting is required within 20 days of hire to the NH Department of Employment Security.
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