Hiring Laws in New Hampshire

New Hampshire employment laws combine federal wage standards with robust state-level anti-discrimination protections and unique employee protections. The state’s New Hampshire Department of Labor, New Hampshire Commission for Human Rights, New Hampshire Employment Security (NHES), and the Equal Employment Opportunity Commission (EEOC) oversee most employment standards, including wage and hour rules, anti-discrimination protections, new hire reporting, and workplace safety.

One of the most notable aspects of New Hampshire employment law is the state’s automatic alignment with federal minimum wage law, combined with comprehensive anti-discrimination protections for employers with 6+ employees—lower than the federal threshold of 15 employees. Additionally, New Hampshire is unique as the only state in the nation with a voluntary Paid Family and Medical Leave (PFML) program, and employees are entitled to meal breaks after 5 consecutive hours of work.

These rules reflect New Hampshire’s approach of combining federal wage standards with more protective anti-discrimination coverage than most states.

New Hampshire Hiring Laws

Anti-Discrimination and Equal Opportunity Laws

The New Hampshire Human Rights Act (NHRA), codified in New Hampshire RSA 354-A, prohibits discrimination in employment based on race, color, religion, national origin, sex (including pregnancy, childbirth, and pregnancy-related medical conditions), age, disability, sexual orientation, and gender identity.

• Broader employer coverage: The NHRA applies to employers with 6 or more employees—significantly lower than federal Title VII’s 15-employee threshold. Why the 6-employee threshold? New Hampshire determined that discrimination can occur in smaller workplaces and that workers deserve state-level protection regardless of employer size. This means employees in New Hampshire businesses with 6-14 employees receive state-level anti-discrimination protections unavailable under federal law.
• Sexual orientation and gender identity protections: New Hampshire explicitly includes sexual orientation and gender identity as protected classes, having added gender identity protections in 2018. This provides robust state-level protections beyond what federal law guaranteed prior to the Supreme Court’s Bostock v. Clayton County decision (June 2020).
• Pay equity and pay transparency: New Hampshire law requires equal pay for substantially similar work based on skill, effort, responsibility, and similar working conditions. Additionally, employees have the right to discuss wages with coworkers without employer retaliation, and employers may not punish employees for discussing pay. This protection was strengthened by Senate Bill 207 in 2014.
• Domestic violence protections: New Hampshire law (enacted 2014) prohibits discrimination against employees who are victims of domestic violence, harassment, sexual assault, or stalking.
• Medical marijuana protections: New Hampshire law prohibits discrimination against qualifying medical marijuana patients for the therapeutic use of cannabis in accordance with state law.
• Criminal history restrictions: Employers may not access criminal conviction records without first obtaining written, notarized consent from the applicant or employee. Additionally, employers cannot access records of arrests, indictments, or convictions that predate the request by more than seven years for positions with annual salary expected to be less than $20,000. This is more restrictive than the federal FCRA seven-year lookback rule.
• Retaliation protections: The NHRA explicitly protects employees from retaliation for reporting discrimination, participating in investigations, or opposing discriminatory practices.

Employers are required to maintain written policies addressing non-discrimination. Employers must provide reasonable accommodations for individuals with disabilities unless it causes undue hardship.

Pay Equity and Minimum Wage

• Automatic federal alignment: New Hampshire Statute RSA 279:21 sets New Hampshire’s minimum wage equal to the federal minimum wage under the Fair Labor Standards Act. This means New Hampshire has no independent state minimum wage—the state automatically adopts whatever the federal minimum wage is, without requiring legislative action.
• Current minimum wage: New Hampshire’s minimum wage is $7.25 per hour, matching the federal rate. The state has maintained this rate since 2009—16 years with no increase. During this period, New Hampshire’s purchasing power has eroded significantly. According to research, $7.25 in 2009 had approximately 30% more buying power than it does today.
• No future increases planned: Because New Hampshire’s law ties the state minimum wage to the federal rate, there are no independent state-level increases planned. The next minimum wage increase in New Hampshire will only occur if Congress increases the federal minimum wage.
• Tipped employees: The minimum cash wage for tipped employees is 45% of the applicable minimum wage—approximately $3.26-$3.27 per hour. Employers may take a tip credit if tips, combined with the base wage, reach at least $7.25 per hour. Employers must ensure tipped workers always earn at least the minimum wage.
• Youth minimum wage:
  • Under 18: $6.00 per hour (subminimum wage for young workers)
  • Under 20 (federal training wage): $4.25 per hour for the first 90 consecutive calendar days of employment
  • Student learners: Employers may pay less than minimum wage with New Hampshire Department of Labor approval if the employee is a high school or post-secondary student working for practical experience
• Overtime: New Hampshire follows federal FLSA standards—overtime is due at 1.5 times the regular rate for hours worked over 40 per week.
• Exempt employee salary threshold: As of January 1, 2025, the federal salary threshold for exempt employees is $58,656 per year, adjusted every three years thereafter.

New Hampshire follows federal equal pay requirements, with the additional requirement that employers may not discriminate in wage payment based on sex for substantially similar work.

Background Checks and Criminal History Rules

New Hampshire does not have a statewide ban-the-box law for private employers. Employers may inquire about an applicant’s criminal history at any point during the hiring process. However, New Hampshire has unique criminal history restrictions:

• Seven-year lookback limit: Employers may not access criminal records (arrests, indictments, or convictions) that predate the request by more than seven years for positions with annual salary expected to be less than $20,000. This provides stronger protections than federal FCRA for lower-wage positions.
• Notarized consent requirement: Employers may not access criminal conviction records without first obtaining written, notarized consent from the applicant or employee—more restrictive than federal FCRA requirements.

When using third-party background screening services, the Fair Credit Reporting Act (FCRA) applies. Employers must obtain written consent before running a background check and provide adverse action notices if denying employment.

I-9 and Employment Eligibility Requirements

Like all U.S. states, New Hampshire employers are required to verify the identity and employment eligibility of new hires using Form I-9. The employee must complete Section 1 by their first day of employment. Employers must complete Section 2 within three business days of hire. Forms must be retained for three years after hire or one year after termination, whichever is later.

State-Specific Hiring Rules

New Hampshire enforces additional hiring-related requirements that employers should be aware of:

Penalties for Non-Compliance in New Hampshire

New Hampshire takes non-compliance seriously. Employers who fail to follow state and federal hiring laws can face significant financial and legal consequences.

• Wage and Hour Violations: Employers who violate minimum wage, meal break, and wage payment laws are subject to civil penalties enforced by the U.S. Department of Labor and state authorities. Violations can result in back wages, liquidated damages (double the unpaid wages), and attorney fees.
• Discrimination Violations: If the NHCHR or EEOC finds discrimination, remedies include back pay, compensatory damages (with no statutory cap under state law), front pay, and attorney fees. Additionally, employers can be held liable for maintaining a hostile work environment.
• Filing timeline: Employees must file discrimination complaints with the New Hampshire Commission for Human Rights within 180 days of the alleged discriminatory act to preserve state-level claims. However, federal EEOC claims must be filed within 300 days. The agencies have a work-sharing agreement for cross-filing.
• Employee Lawsuits: Employees can file complaints with the NHCHR (1-888-271-2767) or the EEOC, or pursue civil lawsuits for discrimination or retaliation.
• FCRA Violations: Improper background check procedures can result in fines of $1,000+ per applicant, with significantly higher exposure in class-action lawsuits.
• Form I-9 Violations: USCIS fines can range from $281 to $2,789 per form for paperwork errors, and $678 to $27,894 per violation for knowingly hiring unauthorized workers (as of 2025).
• New Hire Reporting Non-Compliance: Employers who fail to report new hires face civil penalties of up to $25 per case; if the failure results from a conspiracy between employer and employee, penalties can reach up to $500 per new hire not reported.

Notice and Documentation HR Professionals Need to Know

HR professionals must maintain the following key documents to stay compliant:

• Completed Form I-9s for All New Hires- Federal law requires all employers to verify an employee’s identity and eligibility to work in the U.S. via Form I-9. These forms must be completed within three business days of hire and stored securely for the required retention period: either three years after the hire date or one year after termination, whichever is later. For additional guidance, consult the USCIS I-9 Handbook.
• New Hire Reporting to NHES- All new hires and rehires must be reported to New Hampshire Employment Security (NHES) within 20 days of their hire date. The most efficient method is online reporting through the NHES website (requires active state account number). Alternative methods include mail, fax to (603) 224-0825 or toll-free fax 855-253-9072, or telephone (603) 229-4371/(800) 803-4485. Form NHES0085 (New Hire Reporting Form) is required, and employers submitting electronically must report twice monthly, not less than 12 or more than 16 days apart.
• Background Check Documentation- Employers must retain written consent forms (preferably notarized), background check reports, and copies of any adverse action notices provided to applicants. These records should be kept for at least one year and demonstrate compliance with FCRA and New Hampshire criminal history access law requirements.
• Written Policies on Non-Discrimination and Equal Opportunity- Employers are required to maintain written policies outlining their commitment to equal employment opportunity and non-discrimination. These policies should be included in employee handbooks and posted in visible areas of the workplace to ensure accessibility for all staff.
• Retention of Job Applications and Interview Notes- New Hampshire employers are advised to retain job applications, interview notes, and hiring records for a minimum of two years. This documentation can be critical if hiring decisions are later questioned.
• Wage and Hour Records- Employers must maintain accurate records of hours worked, wages paid, and deductions for each employee. Records should be kept for at least three years and made available during audits or investigations.
• Personnel Files- Under New Hampshire law, employers must allow current and former employees to inspect their personnel files or provide a copy upon request (except when employee is subject to an investigation or government security investigation).
• Posters and Workplace Notices- Certain notices must be displayed prominently in the workplace, including those covering minimum wage, discrimination, workers’ compensation, unemployment insurance, occupational safety, employee rights, and PFML program information. HR should routinely verify that all state and federal posters are up-to-date and clearly visible to employees.