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Nobody ever said running a business was easy. As an employer, you have many things to handle, and compliance is just one of them.
In addition to U.S. Federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements, and offering guidance to help you keep up.
Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, employers will need to close their New Hampshire unemployment and withholding accounts prior to joining the Justworks platform. Linked here are the steps you’ll need to take: State Unemployment Insurance
Recruiting & Hiring Practices
Wage Theft Information
New Hampshire employers are required to provide employees with a notice of their rate of pay and all policies related to vacation pay, holidays, sick leave, bonuses, and other fringe benefits at the time of hire or prior to the effective date of a change. The notice must be acknowledged and signed by the employee; employers are required to maintain a copy of the signed notice.
New Hampshire Department of Labor: New Hampshire Payment of Wages
Independent Contractors
When deciding whether to classify workers as employees or independent contractors, there are a few things your business should consider, including the varying tests that apply under different federal and state employment laws, and the potential penalties and other liabilities for misclassifying employees as independent contractors.
You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in New Hampshire in the relevant section at the links below.
New Hampshire Department of Labor: Criteria to Establish an Employee or Independent Contractor
Mineral*: New Hampshire Independent Contractors
Pay Requirements
Minimum Wage & Overtime
New Hampshire’s minimum wage requirement is higher than the federal minimum wage.
Further information about minimum wage, overtime, and other related rules and regulations in New Hampshire can be found here: New Hampshire Department of Labor.
Meal and Rest Break Laws
Employees are not obligated to work for more than 5 hours consecutively without getting a break of at least 30 minutes for a meal unless they can eat while working and the employer permits it. If the employer cannot allow a 30-minute meal break, employees must be paid for the time spent eating and working simultaneously.
New Hampshire employers cannot require employees to work on Sundays unless the employees have a 24-hour break within the following six days. There are exceptions, such as mutual agreements between employers and employees with approval from the Labor Commissioner. The rules don't apply to specific industries like gas, electricity, and transportation, and certain employee categories, including those in emergency situations or engaged in specific tasks. Employers must have a posted schedule indicating which employees work on Sundays and must designate a day of rest for each employee, with no requirement for employees to work on their designated day off.
New Hampshire Department of Labor: Wage and Hour FAQs - Lunch Period
Mineral*: New Hampshire Meal and Rest Periods
Benefit Requirements
State Retirement Program
The New Hampshire Retirement System is a state program designed to give employees access to a retirement savings plan when their employer does not offer a private plan meeting the minimum standards. You can read more about state retirement programs at the link below.
Leave
Pregnancy Disability Leave
New Hampshire employers with more than 6 employees are required to provide pregnancy disability leave. An employee who is temporarily unable to work due to pregnancy, childbirth, or related conditions may take time off for as long as they are disabled.
New Hampshire Commission for Human Rights: Pregnancy Discrimination
Jury Duty Leave
All New Hampshire employers are prohibited from taking adverse action against an employee who responds to a summons, serves as a juror, or reports to court for potential jury duty. However, employers are not required to provide paid leave for time taken off for jury duty.
Mineral*: New Hampshire Jury Duty and Court Leave
Crime Victim Leave
Under the New Hampshire Crime Victim Employment Leave Act (CVELA), New Hampshire employers with 25 or more employees must grant leave to crime victims for court or related proceedings. A victim is defined broadly as someone suffering harm (physical, emotional, psychological, or financial) due to a crime, including immediate family members of minor or incompetent victims, as well as the immediate family of a homicide victim. Immediate family includes parents, stepparents, children, stepchildren, siblings, spouses, grandparents, legal guardians, and individuals in intimate relationships residing in the same household as the victim.
Employers are not obligated to provide paid leave for time taken off; however, employees can opt to use their accrued paid vacation, personal, or sick leave. Alternatively, employers have the discretion to mandate the use of accrued time off if an employee chooses to take leave under this act.
Mineral*: New Hampshire Victim Leave
Harassment & Discrimination
In addition to protections under federal law, New Hampshire law prohibits discrimination by covered employers, because of an employee’s membership in any protected class, including race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age (40 or over), marital status, sexual orientation, gender identity, military status, or physical or mental disability in places of public accommodation.
New Hampshire Commission for Human Rights
Mineral*: New Hampshire Employment Discrimination and Accommodations Harassment training requirements
To provide additional support in this area, Justworks has teamed up with EVERFI to offer customers free access to a suite of harassment prevention and inclusion trainings.
Separation
Final Pay & Document Requirements
In New Hampshire, If an employee quits or resigns, their final wages are due by the next regular payday. If the employee is involuntarily separated, the wages are due within 72 hours from the time of the separation.
To schedule a payment for a New Hampshire employee who is involuntarily separated, please contact Justworks support.
Accrued, unused vacation time must be paid out to the employee unless the employer’s policy explicitly states otherwise and the employee has acknowledged this policy. Employers should clearly set forth in writing any policy with respect to unused vacation.
According to the guidelines from the New Hampshire Department of Labor, various forms of compensation, such as vacation pay, severance pay, personal days, holiday pay, and sick pay, are classified as wages. However, the employer's written policy can specify instances where vacation pay or paid time off (PTO) is not considered paid out, such as when an employee fails to provide two weeks' notice, and in such cases, it is not considered owed wages upon separation.
Mineral*: New Hampshire Separation
Business Closings and Layoffs
The Federal Worker Adjustment and Retraining Notification (WARN) Act imposes certain notices and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations.
Under New Hampshire law, businesses with as few as 100 employees may be covered. New Hampshire employers who may be required to file notice can do so with the state’s New Hampshire Employment Security. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
New Hampshire Employment Security: Business Compliance - Report a Mass Layoff/Seasonal Layoff
Mineral*: New Hampshire Layoffs
Notes
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Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.