Recovering Stolen Tips in New Hampshire
My employer is taking my tips — here's what New Hampshire law says and what to do next.
Statute: N.H. Rev. Stat. § 275:44
Deadline: 3 days
Penalty: Employer may be liable for liquidated damages equal to the amount of unpaid wages, plus costs and reasonable attorney fees
What is recovering stolen tips?
Wage theft is when your employer fails to pay you what you are legally owed. It is the most common labor violation in the United States — the Economic Policy Institute estimates that workers lose more than $50 billion per year to wage theft, exceeding all robberies, burglaries, and auto thefts combined.
Common forms of wage theft include: not paying overtime, paying below minimum wage, stealing tips, forcing off-the-clock work, misclassifying employees as independent contractors, and making illegal deductions from paychecks. The FLSA and state labor laws prohibit all of these practices.
What to Do If Your Employer Is Stealing Your Wages or Tips
Step 1: Keep your own records. Track hours worked, tips received, and pay received. Use a notebook, spreadsheet, or app — any contemporaneous record is valuable evidence.
Step 2: Compare your records against your pay stubs. Look for discrepancies: missing hours, lower tip amounts than you earned, unauthorized deductions, or overtime not paid at 1.5x.
Step 3: Raise the issue with your employer in writing. Email or text creates a documented record. State the specific discrepancy and the amount you believe you are owed.
Step 4: If your employer does not correct the issue, file a complaint with the DOL Wage and Hour Division at 1-866-487-9243 or online at dol.gov. You can also file with your state's labor department, which may have stronger protections.
Step 5: Consult an employment attorney. Many wage theft attorneys work on contingency (no upfront cost). Under the FLSA, you can recover back wages, an equal amount in liquidated damages (double damages), and attorney's fees.
How New Hampshire differs from federal law
New Hampshire's wage theft and tip protections follow federal minimums:
- Minimum wage: New Hampshire defaults to the federal minimum wage of $7.25/hr after repealing its state minimum wage in 2011. Workers near the Massachusetts or Vermont borders may see significantly higher wages just across the state line.
- Tip credit: Employers may pay tipped employees as low as $3.26/hr if tips bring total earnings to at least $7.25/hr. If tips do not make up the difference, the employer must pay the shortfall. Employers must inform tipped employees of the tip credit provisions.
- Tip pooling: Tip pooling is allowed among employees who customarily receive tips. Employers, managers, and supervisors cannot participate in tip pools or retain any portion of employee tips.
- Wage payment law (RSA 275:43): Employers must pay wages on regular paydays. Employees who are terminated must receive final wages within 72 hours. Employees who resign must be paid by the next regular payday.
- Enforcement: The NH Department of Labor investigates wage complaints and can order restitution. Employees may also file a private lawsuit to recover unpaid wages.
Additional steps in New Hampshire
File wage complaints with the New Hampshire Department of Labor at (603) 271-3176 or labor.nh.gov. Document your hours and tips carefully. For legal assistance, contact NH Legal Assistance at (603) 668-2900.
What you should NOT do
Don't rely on your employer's time records alone. Employers sometimes alter timekeeping records. Your personal records are admissible evidence and can contradict employer records.
Don't wait too long to file. The FLSA has a 2-year statute of limitations (3 years for willful violations). State deadlines vary. File as soon as you identify a problem.
Don't assume small amounts aren't worth pursuing. Wage theft often accumulates over months or years. A few dollars per shift adds up to thousands. Class action lawsuits are also common for systemic violations.
Don't fear retaliation. It is illegal for your employer to fire, demote, or punish you for filing a wage complaint. If they do, you have an additional retaliation claim.
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Generate your unpaid wages →This page is general legal information for New Hampshire, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New Hampshire.