Wages and Work Hours FAQ

If an employer furnishes uniforms with the company logo, can the employee be charged for the cost and, if the employee quits without returning the uniform, can the employer deduct the cost from the employees' final wages?

If requested by a present or former employee, is the employer required to provide the employee with access to their personnel file?

Upon hiring an employee is it necessary to put the employee's rate of pay or any fringe benefits in writing?

Where can I find listings of job opportunities in the State of New Hampshire?

Can an employee be fired without being given a reason or a notice?

Is an employer required to provide a payroll deduction stub?

Is there a law concerning a lunch period?

What does an employee do to claim unpaid wages?

What is the main difference between paying on salary vs. by the hour?

What is the minimum number of hours per day an employee must be paid when reporting to work?

What is the minimum wage?

When are wages due upon separation from employment?

When is it legal to make deductions or withhold from wages?

When must overtime be paid?

Whose responsibility is it to keep records of hours worked and wages paid?

If an employer furnishes uniforms with the company logo, can the employee be charged for the cost and, if the employee quits without returning the uniform, can the employer deduct the cost from the employees' final wages?

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).

If requested by a present or former employee, is the employer required to provide the employee with access to their personnel file?

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).

Upon hiring an employee is it necessary to put the employee's rate of pay or any fringe benefits in writing?

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)).

Where can I find listings of job opportunities in the State of New Hampshire?

The New Hampshire Department of Labor does not directly deal with issues of employment. If you are interested in finding out about employment opportunities within New Hampshire, please refer to the web site of the New Hampshire Department of Employment Security.

Can an employee be fired without being given a reason or a notice?

In New Hampshire, an employer can fire without giving a reason or a notice.

Is an employer required to provide a payroll deduction stub?

An employer is required to provide the employee with a written statement of all deductions, which may include taxes, insurance premiums, contributions to charities, legitimate deductions made from gross wages (RSA 275:49,IV).

Is there a law concerning a lunch period?

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).

What does an employee do to claim unpaid wages?

Contact the Department of Labor for assistance. If necessary, file a wage claim form (RSA 275:51,V). Click here for Wage Claim Form and process.

What is the main difference between paying on salary vs. by the hour?

An hourly employee is paid for all time worked including overtime, if applicable. A salaried employee receives a fixed amount of money constituting compensation regardless of the quantity or quality of the work performed or of the number of days and hours which the work is performed (RSA 275:43; RSA 275:43-b).

What is the minimum number of hours per day an employee must be paid when reporting to work?

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)).

What is the minimum wage?

Effective 08/21/2011, no employee shall be paid at an hourly rate lower than that set forth in the federal minimum wage law, which is currently $7.25 per hour.

When are wages due upon separation from employment?

If an employee quits or resigns, the wages are due by the next regular payday, except if the employee gives one pay notice to quit the employer shall pay all wages due within 72 hours.. If fired, the wages are due within 72 hours from the time of the termination (RSA 275:44).

When is it legal to make deductions or withhold from wages?

An employer may only make deductions from wages when empowered or required by state or federal law, such as for taxes, or for a purpose which is accruing to the employees benefit with prior written authorization, such as an insurance premium or contributions to the employee's charity (RSA 275:48).

When must overtime be paid?

Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one half of the employees regular rate of pay for all hours actually worked over forty in any one week (FLSA) (RSA 279:21,VIII).

Whose responsibility is it to keep records of hours worked and wages paid?

The employer must keep a true and accurate record of all hours worked and all wages paid each employee. These records must be kept for a minimum of at least 3 years (RSA 279:27).