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Browse our 6 legal questions about Employment & Labor in United States and the lawyer answers, or ask your own questions for free.
Employment and labor law governs the relationship between employers, employees, and labor organizations in New Hampshire. These laws are designed to protect workers' rights while also outlining the responsibilities of employers. New Hampshire, like many states, relies on a combination of federal and state laws to address issues such as workplace safety, wage payments, discrimination, and unemployment benefits. Understanding the basics of employment and labor law is essential whether you are hiring, working for a business, or part of a labor union in New Hampshire.
Many employment and labor issues can be resolved informally or through internal processes, but legal assistance is sometimes necessary. You may need a lawyer if you experience workplace discrimination or harassment, are wrongfully terminated, have wage or overtime disputes, face retaliation for whistleblowing, need to negotiate or understand an employment contract, encounter unemployment claim challenges, or are involved in disputes over workplace safety or accommodations. Additionally, both employees and employers might require legal advice to navigate regulations, prevent future disputes, or respond to allegations of workplace law violations.
New Hampshire has unique employment and labor laws that operate alongside federal regulations. The state is considered an “employment-at-will” jurisdiction, meaning either the employer or the employee may terminate the work relationship at any time, with or without cause, unless a contract states otherwise. New Hampshire prohibits workplace discrimination based on characteristics like age, sex, race, disability, and religion. The state sets its own minimum wage, but it follows the federal minimum wage by default. There are specific requirements regarding wage payments, including frequency of payment and rules for final paychecks. Other important laws cover areas like workplace safety (overseen by New Hampshire’s Department of Labor and federal OSHA), workers’ compensation for job-related injuries, rules for employee breaks, and protections for employees participating in jury duty or military service. Unlike some states, New Hampshire does not require paid sick leave, but certain leave may be protected under federal law.
Yes, in most cases, employment is considered “at-will.” This means that an employer can terminate an employee at any time for any legal reason, or for no reason at all, unless there is a contract stating otherwise or the termination is unlawful (such as discrimination or retaliation).
Currently, New Hampshire does not set its own minimum wage and follows the federal minimum wage, which is 7.25 dollars per hour. Some exceptions may apply, such as for tipped employees or certain types of workers.
State law requires employers to provide a 30-minute meal break after five consecutive hours of work, unless the employer allows the employee to eat while on duty and the nature of the work allows for such breaks.
New Hampshire law prohibits discrimination based on race, color, religion, sex (including pregnancy), national origin, age, disability, sexual orientation, gender identity, and marital status in most employment situations.
You can file a complaint with your employer, the New Hampshire Commission for Human Rights, or the federal Equal Employment Opportunity Commission (EEOC). You may also wish to consult with a lawyer to discuss your rights and possible legal actions.
Employees who work more than 40 hours in a workweek must be paid overtime at 1.5 times their regular pay rate, unless they are exempt under federal or state law (such as certain salaried or professional positions).
You can file a claim through the New Hampshire Employment Security website or by phone. You will need to meet eligibility requirements such as having lost your job through no fault of your own and being able and available to work.
New Hampshire does not require employers to pay out unused vacation or paid time off upon termination unless the employer’s policy or employment contract says otherwise.
Report your injury to your employer as soon as possible. You may be entitled to workers’ compensation benefits, which help cover medical bills and lost wages. Employers are required to have workers’ compensation insurance.
Non-compete agreements are permitted in New Hampshire but must be reasonable in scope, duration, and geographic area. There are specific rules about how and when such agreements can be presented to employees.
- New Hampshire Department of Labor: Provides information on wage laws, employment standards, and workplace safety. - New Hampshire Commission for Human Rights: Assists with discrimination and harassment complaints. - New Hampshire Employment Security: Manages unemployment benefits and job search resources. - US Department of Labor (Regional Office): Oversees federal employment laws in New Hampshire. - Local legal services organizations: May provide free or low-cost legal assistance for qualifying individuals.
If you are facing a workplace issue in New Hampshire, start by gathering all relevant documentation such as employment contracts, pay stubs, communication records, and company policies. Review your rights using reputable resources or the organizations mentioned above. If informal discussions or complaints to your employer do not resolve the issue, consider consulting with an attorney who specializes in employment and labor law in New Hampshire. Many lawyers offer consultations and can help you understand your legal options, represent you in disputes, or assist you with filing claims. Acting promptly is important because there are deadlines (statutes of limitations) for many types of employment-related claims.
