Best Employer Lawyers in New Hampshire

About Employer Law in New Hampshire, United States

Employer law in New Hampshire governs the rights and responsibilities of employers and employees within the state. This area of law covers everything from hiring practices to workplace safety, wages, discrimination, termination, and benefits. Both state and federal laws apply, making it important for employers to be aware of specific New Hampshire requirements as well as broader United States regulations. Understanding these rules not only helps employers remain compliant but also ensures fair and equitable treatment of employees.

Why You May Need a Lawyer

Seeking advice from a lawyer experienced in employer law can be crucial in several situations. Employers often need legal guidance to draft employee handbooks, create workplace policies, and ensure that they are compliant with wage and hour laws. Other common situations include defending against wrongful termination claims, navigating workplace discrimination or harassment accusations, handling disputes over pay and benefits, or responding to a government audit or investigation. Additionally, legal help may be necessary when negotiating employment contracts or non-compete agreements, handling layoffs, or managing complex employee complaints.

Local Laws Overview

New Hampshire employment law includes several unique provisions and requirements. The state does not have a general “at-will” employment policy, but most employment relationships are considered at-will unless otherwise specified in a contract. New Hampshire’s minimum wage matches the federal minimum. There are dedicated statutes for topics like youth employment, overtime requirements, and employee leave. The New Hampshire Commission for Human Rights enforces state anti-discrimination laws, which prohibit employment discrimination based on race, color, religion, gender, age, marital status, physical or mental disability, and other protected characteristics. Employers must also comply with federal laws such as the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Wage payment laws outline how and when employees must be paid, and there are clear requirements for providing final paychecks upon termination. Workplace safety is regulated under both federal OSHA and the state’s safety laws.

Frequently Asked Questions

What is at-will employment and does it apply in New Hampshire?

Most employment in New Hampshire is at-will, meaning an employer or employee can end the employment relationship at any time, with or without notice or cause, as long as it is not for an illegal reason.

How often must employers pay employees?

Employers must pay employees wages at least once every calendar month and within eight days after the end of the pay period, with some exceptions for executive, administrative, and professional employees.

What are the rules for minimum wage in New Hampshire?

New Hampshire does not currently have a state minimum wage, so the federal minimum wage of $7.25 per hour applies. Some exceptions and special rules may apply to tipped employees and minors.

Are employers required to provide meal or rest breaks?

Yes, New Hampshire law requires employers to provide a 30-minute meal or rest break after five consecutive hours of work, unless it is reasonably feasible for employees to eat while working and they are permitted to do so.

What laws govern workplace discrimination in New Hampshire?

The New Hampshire Law Against Discrimination and various federal laws prohibit employers from discriminating based on protected classes such as race, color, religion, sex, age, marital status, national origin, physical or mental disability, and sexual orientation.

How should employers handle final paychecks?

When an employee is terminated or resigns, the employer must pay all wages owed within 72 hours of the separation or on the next regular payday, whichever is sooner.

What notices and posters must employers display?

Employers are required to display certain workplace posters, such as those concerning minimum wage, workers’ compensation, and discrimination laws. These can be obtained from state and federal government agencies.

What are the laws regarding overtime pay?

Non-exempt employees in New Hampshire must be paid at least one and a half times their regular rate of pay for hours worked over 40 in a workweek, in accordance with the FLSA.

Can employers use non-compete agreements?

Yes, but New Hampshire has specific requirements for non-compete agreements. They must be provided to employees before or at the time of a job offer and must be reasonable in scope and duration.

What happens if an employer violates state labor laws?

Employers may face penalties, fines, required back pay, or legal actions brought by employees or enforcement agencies such as the New Hampshire Department of Labor.

Additional Resources

- New Hampshire Department of Labor: Oversees wage and hour laws, workplace safety, and labor disputes. - New Hampshire Commission for Human Rights: Handles employment discrimination claims. - United States Department of Labor: Provides federal labor law information and resources. - Occupational Safety and Health Administration (OSHA): Workplace safety oversight. - Local legal aid organizations: Can provide guidance or representation, especially for small businesses.

Next Steps

If you are an employer in New Hampshire seeking legal assistance, begin by gathering any relevant documents such as employee handbooks, contracts, pay records, and communications related to your issue. Make a list of your questions or concerns. Next, find an attorney who specializes in employment law or labor law and schedule an initial consultation. Legal directories, the New Hampshire Bar Association, or referrals from trusted business contacts can help you locate qualified professionals. Taking timely action and obtaining legal advice early can help you avoid costly mistakes and ensure compliance with state and federal laws.