New Hampshire Overtime Laws
New Hampshire has its own overtime laws in addition to federal FLSA requirements.
Weekly OT Threshold
40 hrs
Daily OT Threshold
None
Double Time
No
Minimum Wage
$7.25
Federal rate
Overtime Rules
| Weekly Overtime | Hours over 40 in a workweek paid at 1.5x |
| Daily Overtime | Not required by state law |
| Double Time | Not required by state law |
| 7th Consecutive Day | No special rule |
Exemptions
The following categories of employees may be exempt from overtime requirements:
Executive, administrative, and professional employees
Important Notes
New Hampshire follows federal weekly overtime rules.
State Labor Department
New Hampshire Economy and Workforce
New Hampshire's economy reached $96.5 billion in real GDP in 2024, growing 3.2% from the prior year. The state has a diversified economy with no single dominant industry, featuring strength in healthcare, manufacturing, technology, and tourism. New Hampshire benefits from having no state income tax or sales tax.
Industries with Common Overtime
These New Hampshire industries frequently involve overtime work situations:
Healthcare and Social Assistance
As the largest employment sector in New Hampshire, healthcare workers including nurses, aides, and medical technicians frequently work overtime to provide patient care.
Manufacturing
New Hampshire's advanced manufacturing sector, particularly high-tech equipment and electronic components, employs workers who often work extended hours during production cycles.
Retail and Hospitality
Retail workers and hospitality staff at tourist destinations like the White Mountains and Seacoast region commonly work overtime during peak tourist seasons and holidays.
Technology
The state's smart manufacturing and high-technology sector often requires software developers and engineers to work overtime on project deadlines.
Frequently Asked Questions
New Hampshire follows federal FLSA requirements, mandating overtime pay at 1.5 times your regular rate for hours worked over 40 in a workweek. With the minimum wage at $7.25 per hour (federal rate), the minimum overtime rate is $10.88 per hour.
You have 36 months (3 years) to file a wage claim for unpaid wages with the New Hampshire Department of Labor under state law. For federal FLSA claims, you have 2 years, or 3 years if the violation was willful.
Under New Hampshire law, employers who willfully withhold wages may face statutory penalties of 10% of unpaid wages per day for up to 10 days, potentially doubling your claim. Federal penalties can include back pay, liquidated damages (double wages), and civil fines up to $1,000 per violation.
How to File a Wage Claim in New Hampshire
If you believe you are owed overtime pay, follow these steps:
Gather all documentation including pay stubs, time records, and employment agreements
Complete the Wage Claim form available on the New Hampshire Department of Labor website
Submit the form online via the Wage Claim Web Form, or by mail, fax, or email
You may also file with the U.S. Department of Labor's Wage and Hour Division or pursue a private lawsuit
Important New Hampshire Consideration
New Hampshire law specifically prohibits employers from requiring nurses or nurse assistants to work mandatory overtime. While nurses can voluntarily work overtime, employers cannot mandate it. This protection is particularly important given that healthcare is the state's largest employment sector.
Disclaimer: This information is provided for general educational purposes only and should not be considered legal advice. Overtime laws can change and may have exceptions not listed here. For specific situations, consult with your employer's HR department, the state labor department, or an employment attorney.