New Hampshire Labor Laws

New Hampshire’s state minimum wage rate is $7.25 per hour

New Hampshire’s minimum wage for tipped employees is $3.27. New Hampshire law permits employers to pay employees not less than 45 percent of the applicable minimum wage if the employees work for a restaurant (including those who deliver prepared food).

In calculating the overtime rate for the tipped employee, the restaurateur must multiply the minimum wage ($7.25 per hour) by 1½ (1.5), subtract the tip credit ($3.98 per hour), multiply that figure by the number of overtime hours worked, and then add that sum to their 40-hour total. 

Any garment with a logo or having a distinctive design and the employer requires it to be worn while working must be provided at no cost to the employee. If not returned, the employer cannot make a deduction from the final wages of the employee (RSA 275:48).

Yes, an employee, whether past or current, must be given access to review or be given a copy of, if requested, their own personnel file, whether maintained in one or more locations (RSA 275:56).

Yes, employers must provide, in writing, an employee’s rate of pay at the time of hire and upon any changes, as well as all policies pertaining to any fringe benefits. The employer must also maintain on file a copy of the written notifications for pay and fringe benefits, signed by the employee (RSA 275:49 and New Hampshire Administrative Rules Chapter LAB 803.03(f)).

An employer cannot require that an employee work more than five consecutive hours without granting a thirty minute lunch or eating period. If the employer cannot allow thirty minutes the employee must be paid if they are eating and working at the same time (RSA 275:30-A).

An employee who reports to work at the employer’s request must be paid for a minimum of 2 hours (RSA 275:43-a; New Hampshire Code of Administrative Rules Chapter Lab 803.03(f)).

If an employee quits or resigns, the wages are due by the next regular payday. If fired, the wages are due within 72 hours from the time of the termination (RSA 275:44).

Currently there is not a paid sick days law in New Hampshire.

In short, yes as long as your employer is not charging you for more than the customer’s transaction fee.

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