New Hampshire Overtime Laws

New Hampshire is consistently ranked among the top 10 most livable states, thanks in part to low unemployment and a growing high-tech sector. New Hampshire is also a great place to work because it ensures employees within the state are provided certain benefits, including overtime pay when working more than 40 hours in a week. However, the right to overtime pay is not automatic, and there are many technical rules that determine how much you are owed for any extra hours of work. This quick review will guide you through the basics of New Hampshire overtime laws.

New Hampshire Overtime Law Summary

This chart highlights key provisions of New Hampshire overtime laws.

State and Federal Statutes
New Hampshire Overtime Rules
  • State/Federal Overtime pay rate is 1.5 time the employees regular rate
  • Overtime is calculated based on the number of hours worked on a weekly basis (not daily)
  • May ski area workers are not covered by state overtime law.
  • Compensatory time off (comp time) is illegal for private employers
  • State law provides for a 3-year statute of limitations for collecting unpaid overtime
Overtime Calculation Methods:
  • Hourly: Pay time and a half over 40 hours work/week.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.
File an Overtime Claim

Note: State laws are subject to change. It's important to verify the information you read about by conducting your own research or consulting with a New Hampshire attorney.

New Hampshire Overtime Laws

Most New Hampshire employees are covered by the state overtime law. Much like federal law, the state requires an employer to pay 1.5 times an employee's regular pay rate for any hours worked over 40 a week. However, New Hampshire law does not require overtime pay for working on weekends or holidays, or more than eight hours a day.

In addition to recognizing all the federal exemptions describing who is not eligible for overtime benefits, New Hampshire law excludes several other types of employees. State law does not provide overtime benefits for the following workers:

  • Those employed by an amusement, seasonal, or recreational establishment (with some exceptions)
  • Ski area employees who exclusively performs welcoming and guest relation services
  • A person 16 years of age or under
  • Household and domestic labor
  • Summer camps workers (non-administrative)
  • A person with less than 6 months' experience in an occupation
  • Independent contractors who meet specific state law requirements

When Do Federal Overtime Rules Apply?

Employees not covered by the New Hampshire overtime law may still be eligible under the federal rules listed in the Fair Labor Standards Act (FLSA). These rules apply to New Hampshire employers with annual income of $500,000 or more; are engaged in interstate commerce; or operate as a school, hospital, or other emergency care facility. This may sound complicated and like these rules only apply to large employers. However, the interstate commerce language makes federal rules apply to most workplaces. Courts have rules that employees that routinely handle the mail, process credit cards, or even use the telephone as part of their employment, are engaging in interstate commerce.

Who is Exempt from Federal Overtime Laws?

Not all employees are covered by federal overtime law. These employees are referred to as "exempt" employees. For an employee to be exempt from federal overtime law, their job duties must fall into one of the categories listed below, and they must be paid on a salary basis a wage not less than $455 per week (as of 2017). For example, to qualify for an "executive" exemption the employee must "regularly direct the work of at least two or more other full-time employees."

The following types of employees are frequently exempt from federal overtime rules:

  • Computer workers
  • Executive
  • Administrator
  • Outside Salespeople
  • Employees employed as "learned professional" (CPA, lawyer)

Calculating Overtime in the Health Care Industry

Hospitals and institutions that primarily care for the sick, aged, or the mentally ill or defective, and who reside on the premises" may use an "8 and 80" system when calculating overtime. An employer's work period under this system must be a fixed and regularly recurring 14-day period, changed only by prior agreement with the employee.

The benefit to the employee is that the employer is required to pay overtime for work performed beyond eight hours in a day. For example, if an employee works a 10-hour shift, they are owed two hours of overtime even if that was the only day they worked during that pay period. However, the employee can be required to work 10 consecutive eight-hour days without any overtime due.

Denied Overtime Pay? Get a Free Claim Review

New Hampshire guarantees many workers the right to overtime pay. Your employer must follow these laws when calculating your pay. If you have been denied overtime pay, you have up to three years to file a claim for unpaid wages. A local attorney can guide you through the claim process, and recover available lost wages and any available damages. Receive a free claim review from an experienced New Hampshire attorney to learn about the state and federal laws that apply to your issue.

Next Steps: Search for a Local Attorney

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