State Law > New Hampshire > New Hampshire Overtime Pay Law

New Hampshire Overtime Pay Law

 

Sections of the New Hampshire Code relating to overtime pay is located in the following sections of the New Hampshire Code.


Day's Work
  • 275:30. Day's Work Defined.
  • 275:31. Making up Time.
Youth Employment - Hours of Labor
  • 276-A:4. Prohibitions.
  • 276-A:13. Night Work.
Minimum Wage Law
  • 279:1 Definitions.
  • 279:21 Minimum Hourly Rate.
  • 279:26-a Application to Parents, Spouses, etc.
  • 279:27 Records of Hours and Wages.

Day's Work

275:30. Day's Work Defined.

In all contracts relating to labor, 8 hours' actual labor shall be taken to be a day's work unless otherwise agreed by the parties. This provision shall not apply to classes of labor for which the law provides day limits.

275:31. Making up Time.

No person shall require or request any employee engaged in any occupation to work more hours in any one day than is limited by law, in order to make up lost time by reason of a legal holiday.

Youth Employment - Hours of Labor

276-A:4. Prohibitions.

I. No youth shall be employed or permitted to work in any hazardous occupation, except in an apprenticeship, vocational rehabilitation, or training program approved by the commissioner.

II. No youth under 16 years of age shall be employed or permitted to work without a certificate except:

(a) For his or her parents, grandparents, or guardian;

(b) At work defined in this chapter as casual; or

(c) As farm labor.

III. No youth under 16 years of age shall be employed or permitted to work in a dangerous area in manufacturing, construction, and mining and quarrying occupations, or in woods and logging.

IV. No youth under 16 years of age shall be employed or permitted to work earlier than 7 o'clock a.m. or later than 9 o'clock p.m., more than 3 hours per day on school days and 23 hours per week during school weeks, except that on nonschool days he may be employed 8 hours per day and, during vacations, 48 hours per week. Upon application by an employer who employs a youth under 16 years of age in agricultural work, the commissioner of labor may order that the restriction upon hours of work imposed by this paragraph be suspended.

V. No youth under 12 years of age may be employed or permitted to work except for his parents, grandparents, or guardian, or at work defined in this chapter as casual, or in the door-to-door delivery of newspapers.

VI. No youth 16 or 17 years of age who is duly enrolled in school shall be permitted to work more than 6 consecutive days or more than 30 hours during the school calendar week, which shall be Sunday through Saturday.

VII. No youth 16 or 17 years of age who is duly enrolled in school shall work for more than 6 consecutive days or 48 hours in any one week during school vacations, including summer vacation. For purposes of this paragraph, "summer vacation" means June 1 through Labor Day.

VIII. No youth 16 or 17 years of age shall be employed by an employer unless the employer maintains on file a signed written document from the youth's parent or legal guardian permitting the youth's employment.

276-A:13. Night Work.

No such youth shall be employed or permitted to work at night work more than 8 hours in any 24 hours nor more than 48 hours during the week. If any youth is employed or permitted to work more than 2 nights each week, for any time between the hours of 8 o'clock p.m. and 6 o'clock a.m. of the day following, such employment shall be considered night work.

276-A:14. Special Agreement.

By mutual agreement between employer and employees, the provisions of RSA 276-A:13 relative to restrictions on night work for youths may be relaxed, if the agreement is approved by the commissioner.

Minimum Wage Law

279:1 Definitions.
Terms used in this chapter shall be construed as follows, unless a different meaning is clearly apparent from the language or context:

I. "Commissioner,' the labor commissioner.

II-IV. [Repealed.]

V. "Occupation,' an industry, trade or business or branch thereof or class of work therein in which employees are gainfully employed, but shall not include domestic service in the home of the employer or labor on a farm.

VI-IX. [Repealed.]

X. "Employee' means and includes every person who may be permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any employment, but shall not include any person exempted from the definition of employee as stated in RSA 281-A:2,

VII(b) or any person who meets all of the following criteria:

(a) The person possesses or has applied for a federal employer identification number or social security number, or in the alternative, has agreed in writing to carry out the responsibilities imposed on employers under this chapter.

(b) The person has control and discretion over the means and manner of performance of the work in achieving the result of the work.

(c) The person has control over the time when the work is performed, and the time of performance is not dictated by the employer. However, this criterion does not prohibit the employer from reaching agreement with the person as to completion schedule, range of work hours, and maximum number of work hours to be provided by the person, and in the case of entertainment, the time such entertainment is to be presented.

(d) The person holds himself or herself out to be in business for himself or herself.

(e) The person is not required to work exclusively for the employer.

XI. "Employer' shall include any individual, partnership, association, joint stock company, trust, corporation, limited liability company, the administrator or executor of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any person.

279:3 Powers of Commissioner.
The commissioner or any representative duly authorized by him shall have full power and authority:

I. To investigate and ascertain the wages of employees employed in any occupation in the state;

II. To enter the place of business or employment of any employer of employees in any occupation for the purpose of examining and inspecting any and all books, registers, payrolls, and other records of any employer of employees that in any way appertain to or have a bearing upon the question of wages of any such employees and for the purpose of ascertaining whether the orders of the commissioner have been and are being complied with; and

III. To require from such employer full and correct statements in writing of the wages paid to all employees in his employment.

279:21 Minimum Hourly Rate.

Unless otherwise provided by statute, no person, firm, or corporation shall employ any employee at an hourly rate lower than that set forth in the federal minimum wage law, as amended, or as follows, whichever is higher: Date Hourly Rate April 1, 1991 to September 30, 1996 $4.25 October 1, 1996 to August 31, 1997 $4.75 On and after September 1, 1997 $5.15. Tipped employees of a restaurant, hotel, motel, inn or cabin, who customarily and regularly receive more than $20 a month in tips directly from the customers will receive a base rate from the employer of not less than $2.38 per hour. With any change to the minimum wage after the effective date of this section, the employer is responsible to pay employees $2.38 per hour or 45 percent of the applicable minimum wage whichever is higher. If an employee shows to the satisfaction of the commissioner that the actual amount of wages received at the end of each pay period did not equal the minimum wage for all hours worked, the employer shall pay the employee the difference to guarantee the applicable minimum wage. The limitations imposed hereby shall be subject to the following exceptions:

I. These limitations shall not apply to employees engaged in household labor, domestic labor, farm labor, nor to outside salesmen, nor to employees of summer camps for minors.

II. These limitations shall not apply to employees engaged as newsboys, non-professional ski patrolmen or golf caddies.

III. [Repealed.]

IV. These limitations shall not apply to a person with less than 6 months' experience in an occupation; provided, however, such person shall not be paid less than 75 percent of applicable statutory minimum wage in an occupation, after application is filed by the employer with the labor commissioner within 10 days after hire.

V. These limitations shall not apply to a person 16 years of age or under; provided, however, such person shall not be paid less than 75 percent of applicable statutory minimum wage rate and evidence of such person is kept on file by the employer.

VI, VII. [Repealed.]

VIII. Those employees covered by the introductory paragraph of this section, with the following exceptions, shall, in addition to their regular compensation, be paid at the rate of time and one-half for all time worked in excess of 40 hours in any one week:

(a) Any employee employed by an amusement, seasonal, or recreational establishment if: (1) It does not operate for more than 7 months in any calendar year; or (2) During the preceding calendar year, its average receipts for any 6 months of such year were not more than 33- 1/3 percent of its average receipts for the other 6 months of such year. In order to meet the requirements of this subparagraph, the establishment in the previous year shall have received at least 75 percent of its income within 6 months. The 6 months, however, need not be 6 consecutive months.

(b) Any employee of employers covered under the provisions of the federal Fair Labor Standards Act of 1938, as amended (29 U.S.C. section 201, et seq.).

279:26-a Application to Parents, Spouses, etc.

The provisions of this chapter shall not apply to a child employed by his parents, grandparents, or a person or persons in place of his parents or grandparents, employing his own child, grandchild or a child in his custody, who furnishes full maintenance to such child. Nor shall the provisions apply to a spouse working for the other spouse on a volunteer basis when the spouse who works does not expect or claim any pay for the work, other than the support derived from the other spouse's profits in the business.

279:27 Records of Hours and Wages.

Every employer of employees shall keep a true and accurate record of the hours worked by each, wages paid to each, and classification of employment when necessary, and shall furnish to the commissioner or the commissioner's authorized representative upon demand a sworn statement of the same. Such records shall be open to inspection by the commissioner or the authorized representative at any reasonable time. Every employer subject to a statutory minimum wage shall keep a copy of such statutory minimum wage posted in a conspicuous place in every establishment in which employees are employed. Employers shall be furnished copies of posters on request without charge.

279:28 Penalties.

I. [Repealed.]

II. Any employer or the officer or agent of any corporation who pays or agrees to pay to any employee less than the rates applicable to such employee under the statutory minimum wage shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each week in any day of which such employee is paid less than the rate applicable to him under the statutory minimum wage and each employee so paid less shall constitute a separate offense.

III. Any employer or the officer or agent of any corporation who fails to keep the records required hereunder, or refuses to permit the commissioner or his authorized representative to enter his place of business, or fails to furnish such records to the commissioner or his authorized representative upon request shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person. Each day of such failure to keep the records requested hereunder or to furnish the same to the commissioner or his authorized representative shall constitute a separate offense.

279:29 Civil Actions.

If any employee is paid by the employer less than the minimum wage to which the employee is entitled under the statutory minimum wage the employee may recover in a civil action the full amount of such minimum wage less any amount actually paid to the employee by the employer together with costs and such reasonable attorney's fees as may be allowed by the court, and any agreement between the employee and the employee's employer to work for less than the statutory minimum wage shall be no defense to such action. At the request of any employee paid less than the minimum wage to which the employee was entitled under the statutory minimum wage the commissioner may take an assignment of such wage claim in trust for the assigning employee and may bring any legal action necessary to collect such claim, and the employer shall be required to pay the costs and such reasonable attorney's fees as may be allowed by the court.

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