What You Need to Know About Wage and Hour Practices in NH
From New Hampshire Department of Labor Frequently Asked Questions
What is the main difference between paying a salary vs. by the hour?
An hourly employee is paid for all the time worked including overtime, if applicable. A salaried employee receives a fixed amount of money constituting compensation regardless of the quantity or quality of the work performed or of the number of days and hours over which the work is performed.
What is the minimum wage?
Effective since August 8, 2011 no employee shall be paid at an hourly rate lower than that set forth in the federal minimum wage law, which is currently $7.25 per hour.
What is the minimum number of hours per day an employee must be paid when reporting to work?
An employee who reports to work at the employers request must be paid for a minimum of two hours (RSA 275:43-a; New Hampshire Code of Administrative Rules Chapter Lab 803.03(f)).
When must overtime be paid?
Unless exempt by the Fair Labor Standards Act, overtime is paid to hourly employees at the rate of time and one half of the employee’s regular rate of pay for all hours actually worked over forty in any one week (FLSA) (RSA 279:21,VIII).
When is it legal to make deductions or withhold wages?
An employer may only make deductions from wages when empowered or required by state or federal law, such as for taxes, or for a purpose which is accruing to the employee’s benefit with prior written authorization, such as an insurance premium or contributions to the employee’s charity.
What does an employee do to claim unpaid wages?
If you are entitled to unpaid wages, you can bring a claim at the Department of Labor or in court. Depending on your circumstances or the size of your claim, you may want to contact an attorney who specializes in employment law to assist you.
If you win your claim, you may be entitled to not only your unpaid wage, but liquidated damages in an amount up to two times your loss. In addition, claims brought in court are also eligible for an award of your attorney fees to be paid by your employer.
