Unlike overtime laws, the state of New Hampshire does not comply with federal laws regarding breaks. While this article provides an overview of some of the state`s legal requirements regarding proper handling of payroll and hourly labor issues, employers must obtain and review all RSA 275 and DOL regulations in Chapter 802. If you`re not absolutely sure if a pay and hours issue is being handled properly, contact your group attorney, DOL, or the human resources department at the New Hampshire Local Government Center (LGC). Members of the LGC Wealth Liability Trust can call the Labour Law Helpline at 603.695.8582 as a member benefit. The state of New Hampshire does not have clear record-keeping laws, which is why federal regulations apply. Public employers are the only ones who can replace compensatory time instead of paying overtime to public sector employees. However, there is a lot of confusion about this form of compensation. First, the employer cannot “require” the employee to accept remuneration instead of overtime pay. The employee must accept this agreement (in writing or through a collective agreement) prior to the actual performance of the work in which the overtime is earned. If the employee agrees, the working time must be accumulated at 11/2 times the hourly wage – just as you would pay overtime pay equal to 11/2 times the average hourly wage for hours of work of more than 40 hours (43 hours for police officers and 53 hours for firefighters) in a week. As soon as the maximum limit is reached, all overtime worked must be paid as overtime pay. New Hampshire labor laws require an employer to pay employees overtime, unless otherwise exempted, at 11/2 times the employee`s regular wage rate for all hours worked in excess of 40 hours in a work week.
NH Dept. of Labor – FAQs. For more information on overtime requirements, see the RSA: Overtime. Child labor laws, whether federal or state, are always designed to protect minors from exploitation in the workplace. The Fair Labor Standards Act (FLSA) automatically qualifies certain types of workers who meet overtime pay requirements to receive overtime for anyone over 40 hours in a single week (or daily overtime limits set by New Hampshire`s overtime laws). If your job involves manual labor (e.g., construction workers, factory attendants, cashiers, etc.), you`re probably protected by overtime law. If your workplace is eligible for overtime under the New Hampshire Overtime Act described above and the federal overtime law, your employer is required by law to pay you an overtime premium for all eligible overtime. If your employer has to pay you overtime, a New Hampshire Department of Labor office will work with you to make sure you receive your fair pay for all hours worked. The current minimum wage in New Hampshire is at least 45% of the current minimum wage at the federal and state levels — or at least $3.27.
Employers may be required to grant an employee leave without pay under the Family and Medical Leave Act or other federal legislation. If the employee is wrongfully fired, claims and lawsuits can be brought: An employer can only make deductions from wages if federal or state law permits or requires it, such as for taxes or for purposes that benefit employees with prior written authorization, such as an insurance premium or contributions to the employee`s charity (RSA 275: 48). New Hampshire does not have a wage law in effect governing wage rates for state project or service contracts. State law requires all New Hampshire employers, regardless of occupation, to keep a faithful record of all hours worked daily for all employees. In addition, federal wage and hours laws create an additional layer of regulation. Federal law defines what is remunerated working time and what is not. It also explains how overtime is calculated in different circumstances. An employer may pay weekly or bi-weekly wages at regular intervals of up to 14 days. Employees who are paid weekly must receive all wages owing within eight days of the end of the work week, and workers paid bi-weekly must receive all wages due within 15 days of the end of the work week. This summary does not constitute qualified legal advice. Laws are always subject to change and may vary from municipality to municipality.
It is up to you to ensure that you comply with all the laws and statutes of your region. If you need additional compliance assistance, we recommend contacting a qualified attorney, checking with your local authorities, or registering with Homebase for help from our certified HR professionals. The RSA specifically covers certain jobs and exempts others from overtime pay. The following jobs fall specifically under federal overtime laws: Some New Hampshire laws cannot be classified into a specific category, so we`ll cover them in the Miscellaneous section. The article contains: Each pay day, you must provide each employee with a written statement of any legitimate deductions from their salary. Please note that there are very few legal deductions that the employer can make on an employee`s paycheque. For a list of these permitted fumes, see RSA 275:48. It would be wise to refer to the law before withholding anything other than federal income tax and Social Security payments from the paycheck. To qualify for the state minimum wage, a person must be an employee of catering establishments, such as: Contact the Ministry of Labor for assistance.