New Hampshire employment law compliance requirements

Employers with six or more employees must permit female employees to take a leave of absence for temporary physical disability resulting from pregnancy, childbirth, or related medical conditions, and reinstate them to their original or a comparable position.

N.H. Rev. Stat. Ann. § 354-A:7, VI · effective Jul 1992 · source

Employers with 50 or more employees that do not opt into the state's voluntary Paid Family and Medical Leave (PFML) plan must still facilitate payroll deductions for employees who choose to purchase individual coverage.

N.H. Rev. Stat. Ann. § 282-B:4 · effective Jan 2023 · source

Sexual harassment is a form of sex discrimination prohibited under Title VII.

42 U.S.C. § 2000e-2 · effective Jan 2020

Prohibits employment discrimination based on race, color, religion, sex, or national origin.

42 U.S.C. § 2000e et seq. · effective Jan 2020

WARN notices must include: whether closing/layoff is permanent or temporary, expected date, whether bumping rights exist, name/contact for company representative.

29 U.S.C. § 2102 · effective Jan 2020

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must offer affordable, minimum-value health coverage to full-time employees and their dependents or risk an employer shared responsibility payment.

26 U.S.C. § 4980H · effective Jan 2015

Agreement must advise employee to consult with attorney

29 U.S.C. § 626(f)(1)(E) · effective Oct 1990

Eligible employees entitled to 12 weeks unpaid leave

29 U.S.C. § 2612(a)(1) · effective Aug 1993

Employers must maintain anti-harassment policies

42 U.S.C. § 2000e-2 · effective Jul 1964

Employers must post the New Hampshire Protective Legislation Law poster in a conspicuous place accessible to all employees, detailing state laws on wages, hours, and breaks.

N.H. Rev. Stat. Ann. § 275:49; N.H. Admin. Rules Lab 803.03 · effective Oct 2015 · source

Employers must provide 60 days advance notice of plant closings (50+ employees) or mass layoffs (500+ or 50-499 if 33% of workforce).

29 U.S.C. § 2101 et seq. · effective Jan 2020

60 days advance notice for plant closings and mass layoffs

29 U.S.C. § 2102 · effective Feb 1989

When an employee is discharged, the employer must pay all wages due within 72 hours. When an employee quits, wages must be paid on the next regular payday, or on the last day of work if the employee gave one pay period's notice.

N.H. Rev. Stat. Ann. § 275:44 · effective Jan 2011 · source

Employees 40+ must be given 21 days to consider individual severance agreements

29 U.S.C. § 626(f)(1)(F)(i) · effective Oct 1990

Employees 40+ in group terminations must be given 45 days to consider

29 U.S.C. § 626(f)(1)(F)(ii) · effective Oct 1990

Employees 40+ must be given 21 days to consider a separation agreement that includes a release of age discrimination claims.

29 U.S.C. § 626(f)(1)(F) · effective Jan 2020

In group terminations, employees 40+ must be given 45 days to consider a separation agreement.

29 U.S.C. § 626(f)(1)(H) · effective Jan 2020

Employers are prohibited from requiring employees who earn an hourly rate less than or equal to 200 percent of the federal minimum wage to sign non-compete agreements.

N.H. Rev. Stat. Ann. § 275:70-a · effective Sep 2019 · source

Employers are prohibited from discharging, disciplining, or discriminating against any employee for inquiring about, discussing, or disclosing their wages or the wages of another employee.

N.H. Rev. Stat. Ann. § 275:41-b · effective Jul 2014 · source

Employers must provide a copy of any non-compete or non-disclosure agreement to a prospective employee prior to or concurrent with making the offer of employment.

N.H. Rev. Stat. Ann. § 275:70 · effective Jul 2012 · source

Group terminations must disclose job titles and ages of affected employees

29 U.S.C. § 626(f)(1)(H) · effective Oct 1990

Employers may pay tipped employees a cash wage of no less than 45% of the applicable minimum wage, provided that the employee's weekly tips plus cash wage equal at least the minimum wage.

N.H. Rev. Stat. Ann. § 279:21 · effective Jul 2011 · source

Federal minimum wage rate

29 U.S.C. § 206(a)(1) · effective Jul 2009

Applicable Large Employers (50+ full-time and full-time-equivalent employees) must file annual information returns (Forms 1094-C and 1095-C) with the IRS and furnish Form 1095-C to each full-time employee.

26 U.S.C. § 6056 · effective Jan 2015

Private employers with 100 or more employees (and certain federal contractors with 50 or more) must annually file the EEO-1 Component 1 Report with the EEOC, reporting workforce demographic data by job category, sex, race, and ethnicity.

42 U.S.C. § 2000e-8(c) · effective Jan 1966

Employers must not require an employee to work more than 5 consecutive hours without a 30-minute lunch or eating period, unless the employer allows the employee to eat while working and it is feasible to do so.

N.H. Rev. Stat. Ann. § 275:30-a · effective Jul 1975 · source

Employees 40+ must have 7 days to revoke after signing

29 U.S.C. § 626(f)(1)(G) · effective Oct 1990

Overtime pay for hours worked over 40 in a workweek

29 U.S.C. § 207(a)(1) · effective Oct 1938