Dealing With Unpaid Wages in New Hampshire
My employer hasn't paid me — 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 dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How New Hampshire differs from federal law
New Hampshire does not have a state minimum wage above the federal level:
- $7.25/hr — New Hampshire repealed its state minimum wage in 2011 and now defaults to the federal minimum
- New Hampshire allows a tip credit — tipped employees can be paid as low as $3.26/hr if tips bring total to $7.25/hr
- There is a youth wage of $4.25/hr for the first 90 days for workers under 20
- No NH city or town has enacted a higher local minimum wage
- This means New Hampshire workers near the Massachusetts or Vermont borders may see significantly higher wages just across the state line
Additional steps in New Hampshire
File wage complaints with the New Hampshire Department of Labor at (603) 271-3176 or labor.nh.gov.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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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.