Under New Hampshire overtime laws you earn after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in New Hampshire — only the weekly total counts. The minimum wage is $7.25. This guide gives the exact new hampshire overtime laws rule with the date we verified it, the statute, and what to do next.
Rules verified against New Hampshire Department of Labor, Wage and Hour Division on 2026-10-08; confirm the current rule with New Hampshire Department of Labor, Wage and Hour Division or an attorney before you rely on it.
New Hampshire Overtime Laws at a Glance
| Minimum wage | $7.25 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New Hampshire — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
In This New Hampshire Overtime Laws Guide:
New Hampshire Overtime Laws: The Rules
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New Hampshire — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.
How to Calculate Overtime Under New Hampshire Overtime Laws
Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid $7.25 an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.
Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.
New Hampshire Overtime Laws at a Glance
Rules verified against New Hampshire Department of Labor, Wage and Hour Division on 2026-10-08; confirm the current rule with New Hampshire Department of Labor, Wage and Hour Division or an attorney before you rely on it. The statute row is where to check it yourself.
| Minimum wage | $7.25 |
| Weekly overtime | After 40 hours in a workweek at 1.5 times the regular rate |
| Daily overtime | No daily overtime in New Hampshire — only the weekly total counts |
| Rate | 1.5 times the regular rate (double time only where the row says so) |
| State overtime statute | Yes |
Who Is Exempt From New Hampshire Overtime Laws
In general, salaried executives, administrators and professionals who mainly do management or skilled work are exempt from overtime, and so are outside salespeople. For most of these jobs, the employee must also be paid a set weekly salary that meets the federal minimum salary test. Job titles don’t decide it; your actual duties and pay do, so confirm with the agency if you aren’t sure.
Daily Overtime and New Hampshire Overtime Laws
New Hampshire has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Private employers generally may not give comp time instead of overtime pay. Hours over 40 in a workweek must be paid in cash at the overtime rate, and the state generally does not allow private employers to use comp time instead.
Is Overtime Taxed Differently Under New Hampshire Overtime Laws?
No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. New Hampshire lets employers of tipped restaurant and hotel workers pay part of the minimum wage in cash and count tips toward the rest.
Overtime is figured from the full minimum wage, not the lower cash wage, so the tip credit cannot shrink the overtime premium.
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How to Claim Unpaid Overtime Under New Hampshire Overtime Laws
Most New Hampshire workers whose employer is covered by the federal Fair Labor Standards Act bring unpaid overtime to the U.S. Department of Labor’s Wage and Hour Division, because the state has sent at least some overtime claims there.
Workers not covered by federal law, or owed other unpaid wages, may file a Wage Claim form with the New Hampshire Department of Labor’s Hearings Bureau online, by email, by fax or by mail. Both agencies set a look-back period for how far back a claim can reach, so confirm yours with the agency before you file.
Other New Hampshire Overtime Laws Rules to Know
The state overtime rule generally does not cover employees whose employer is covered by the federal Fair Labor Standards Act, so most New Hampshire overtime claims fall under federal law and go to the U.S. Department of Labor. Some seasonal, amusement and recreational businesses are also exempt from state overtime if they meet set season-length or revenue tests.
Think you are owed overtime? The wage-claim agency takes the complaint for free.
Contact New Hampshire Department of Labor, Wage and Hour Division
New Hampshire — the bottom line
- New hampshire overtime laws start the premium after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
- Under new hampshire overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
- New hampshire overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.
Frequently Asked Questions
When do I get overtime under New Hampshire overtime laws?
After 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in New Hampshire — only the weekly total counts.
What is the overtime rate in New Hampshire?
One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.
Does New Hampshire have daily overtime?
No daily overtime in new hampshire — only the weekly total counts.
Can my employer give comp time instead of overtime pay in New Hampshire?
Private employers generally may not give comp time instead of overtime pay.
How do I claim unpaid overtime in New Hampshire?
Most New Hampshire workers whose employer is covered by the federal Fair Labor Standards Act bring unpaid overtime to the U.S. Department of Labor’s Wage and Hour Division, because the state has sent at least some overtime claims there.
Official New Hampshire Sources & Resources
- New Hampshire Department of Labor, Wage and Hour Division: https://www.nh.gov/labor/inspection/wage-hour.htm
- New Hampshire statute: https://gc.nh.gov/rsa/html/XXIII/279/279-21.htm
- Verified source: https://www.dol.gov/agencies/whd/minimum-wage/state
- U.S. Department of Labor, Wage and Hour Division — state payday requirements: dol.gov
This new hampshire overtime laws guide was last verified against official New Hampshire sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
More New Hampshire Workplace Rights Guides
- New Hampshire Break Laws: Meal and Rest Breaks
- New Hampshire Final Paycheck Law: Deadlines and Penalties
- New Hampshire Labor Laws: Every Rule in One Place
- New Hampshire Unemployment Benefits: How Much and How Long
- Unemployment and Workplace Rights Guides for All 50 States
Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.