New Hampshire Overtime Laws

April 20th 2026

New Hampshire labor laws follow federal standards when it comes to overtime pay, ensuring employees are fairly compensated for working beyond regular hours. If you’re wondering “Is anything over 40 hours overtime?” or “Are companies required to pay overtime in NH?” this guide breaks it all down.

Whether you’re an employer managing compliance or an employee checking your rights, this updated 2026 guide covers NH overtime laws, exemptions, rates, and rules for tipped and salaried employees.

New Hampshire Overtime Laws Summary

New Hampshire overtime law Follows federal FLSA overtime rules
Federal law Overtime applies for hours worked over 40 in a workweek
NH minimum wage $7.25 per hour
Minimum overtime rate $10.88 per hour
Salary threshold for overtime exemption $684 per week

This Article Covers

New Hampshire Overtime Rates

Under New Hampshire overtime laws, most employees must receive overtime pay for working more than 40 hours in a workweek. This aligns with federal overtime laws under the Fair Labor Standards Act (FLSA).

Employees who work over 40 hours per week must receive overtime pay at time-and-a-half (1.5) for every additional hour worked.

Since the regular New Hampshire minimum wage is $7.25 per hour, this makes New Hampshire’s minimum overtime wage $10.88 per hour (1.5 times the minimum wage).

Learn about your overtime rights in New Hampshire.

Overtime Entitlement in New Hampshire

According to New Hampshire overtime laws, overtime pay is required for any non-exempt employees covered by the FLSA for hours worked beyond 40 in a week.

However, the overtime rule does not apply to amusement, seasonal, or recreational employees if the business:

  • Operates seven months or less a year, or
  • Earns no more than one-third of revenue in any six months compared to the rest of the year

Read more about overtime exemptions in New Hampshire.

Overtime for Tipped Employees in New Hampshire

In New Hampshire, tipped employees are entitled to receive overtime pay at 1.5 times their regular wage for any hours worked beyond 40 in a week.

Tipped employees include restaurant, hotel, motel, inn, or cabin employees who regularly earn over $30/month in tips.

Employers must pay these employees at least 45% of the minimum wage as a base wage ($3.27 per hour), plus tips, and may claim a tip credit of up to $3.98 per hour. If the employee’s total pay falls below minimum wage ($7.25 per hour), the employer must make up the gap.

When calculating overtime pay in New Hampshire, the tip credit cannot be taken into account. Employers must use the full minimum wage for tipped employees, which is $7.25 in NH, to determine their overtime pay rate.

Overtime for Salaried Employees in New Hampshire 

For salaried employees in New Hampshire, overtime pay is determined based on the regular rate, which is calculated by dividing the annual salary by the number of hours the salary is intended to compensate.

Under the Fair Labor Standards Act (FLSA), salaried employees are generally exempt from overtime pay if they meet the exemption job duties criteria and salary level. However, non-exempt salaried employees in NH can receive overtime pay.

To determine a salaried employee’s overtime rate, an employer must first determine the employee’s hourly rate by dividing the salary by the number of hours that the salary compensates for.

Then, take the hourly pay rate to calculate the overtime pay for salaried employees using the following formula:

Overtime pay = Overtime rate (1.5) x Hourly pay rate x Overtime hours

It is important to note that if an employee’s salary covers fewer than 40 hours in a workweek, their regular rate will be added for every subsequent hour worked up to 40. Only after 40 hours, overtime applies at a time-and-a-half pay rate.

If an employee’s salary covers 40 hours in a workweek, then time-and-a-half will be paid for any hours over 40.

Explore salaried employee laws in New Hampshire.

Overtime for Commissioned Employees in New Hampshire

In New Hampshire, employees who earn commissions remain eligible for overtime pay, although the calculation may vary.

If an employee receives weekly commissions, those commissions are added to their weekly wage to determine the total earnings for the week. This combined amount is then divided by the total number of hours worked in that week to establish the regular hourly rate.

For any hours worked beyond 40 in a week, the employee is entitled to overtime compensation at a rate equivalent to half of the regular hourly rate.

For example, let’s say an employee works 45 hours a week at a rate of $7.25/hour (New Hampshire minimum wage) and receives $50 in commissions for that week. 

(Total hours x Hourly rate) + Commission

= (45 x 7.25) + 50

= $376.25 (total earnings for the week)

Then, divide that by the total hours worked in the week.

= 376.25 / 45

= $8.36 (new regular hourly rate)

To determine the overtime rate for the commissioned employees, we need to take that new regular hourly rate and halve it.

$8.36 / 2

= $4.18

Since the employee worked an extra five hours in the week, their overtime compensation will be $20.90 ($4.18 x 5 hours).

The amount will vary according to the hours worked, hourly rate, and commission earned.

Overtime Exemptions in New Hampshire

In New Hampshire, the overtime pay rules closely resemble those outlined in the FLSA, including exemptions. Key exempt categories of employees include:

  • Executive, administrative, and professional employees who make a minimum of $684 per week or $35,568 on an annual basis
  • Outside sales employees
  • Highly compensated employees who make more than $107,432 a year
  • Household, domestic, and farm workers
  • Small newspaper delivery workers
  • Summer camp workers
  • Golf and ski track maintenance employees

Penalties for Unpaid Wages in New Hampshire

If an employer fails to pay wages or overtime pay accurately, employees (or the Labor Commissioner on their behalf) can sue them in court. The employer will be liable to:

  • Pay the unpaid wages to the employee
  • Plus, pay an equal amount in liquidated damages
  • Pay a civil penalty of at least $100.00 per violation

Multiple employees’ claims can be combined into one case against the employer.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.